CH1 Legal Principles and International Law Flashcards
- Recognise the relationships and interaction between civil and criminal law, legal principles, legislation, case law, ethics and ethical codes - Recognise situations when laws and regulations other than English law may be applicable to an organisation, including: - International regulation of trade between organisations (International Chamber of Commerce (ICC) Incoterms, the UN Convention on Contracts for the International Sale of G
What is the order of courts (civil)?
County > High > Court of Appeal > Supreme
In the County Court, what are the two subsections and what monetary limits apply? What is its other name?
Small claims: less than 10k
Fast track: 10k - 25k
Court of first instance
In the High Court, what are the two subsections and what criteria apply?
Civil: Multitrack: complex cases needing more than one day/more than 25k
Criminal: hears some appeals from Magistrates’ and Crown Courts
What is the purpose of the Court of Appeal?
Civil: hears appeals from lower courts
Criminal: hears appeals from Crown Courts
What is the role of the Supreme Court?
Final appeal court
What is the order of courts (criminal)?
Magistrates > Crown > High > Court of Appeal > Supreme
What is the role of the Magistrates’ Court?
Try minor offences
Major offences passed to Crown Court
What is the role of the Crown Court? Who hears cases?
Try major offences
Hear appeals from Magistrates’ Court
Heard by judge and jury
What are the two main sources of law for human rights in the UK?
The European Convention on Human Rights
The Human Rights Act 1998
What are the 16 rights and freedoms that the UK signed up to in regards to the European Convention on Human Rights?
Rights:
Equality and freedom from discrimination
Fair trial
Family life
Free elections
Liberty and security
Life
Privacy
Property
Freedoms:
Assembly
Religion and belief
Speech
Slavery and human trafficking
Torture and ill treatment
Violence against women
What is the name of the law that facilitates international trade?
United Nations Convention on Contracts for the International Sales of Goods 1980 (UNCCISG)
Does UNCCISG apply to the sale of goods between parties in contracting states?
Yes
Does UNCCISG apply to the sale of goods between parties who refer to CISG in the contract?
Yes
Does UNCCISG apply to the sale of labour services?
No
Does UNCCISG apply to the sale of goods where the buyer supplies most of the materials for the goods?
No
Does UNCCISG apply to the sale of goods for personal or household use?
No
Does UNCCISG apply to the sale of goods by auction?
No
Does UNCCISG apply to the sale of certain restricted goods, including electricity, aircraft, investments?
No
What two things does the United Nations Convention on Contracts for the International Sales of Goods 1980 (UNCCISG) cover?
Governs formation and rights and obligations of buyers and sellers
Sets out rules: passing of risk of loss/damage of goods from seller to buyer
One of the purposes of The United Nations Convention on Contracts for the International Sale of Goods (UNCCISG) id to set out rules relating to the passage of risk of loss/damage of goods from seller to buyer. When risk passes depends on the type of contract. What are three types you need to remember?
- Carriage of goods included in contract: risk passes at time specified in contract OR when goods are passed to first carrier
- Carriage NOT included in contract: risk passes when buyer takes over goods/seller puts goods at buyer’s disposal
- Goods sold in transit: risk passes when contract is made, regardless
What are incoterms?
An abbreviation of International Contract Terms
The standard terms used to form international contracts to promote uniformity
What are the 11 standard incoterms (in order of least to most obligation)?
ALL:
1. EXW - Ex works (goods available for collection)
2. FCA - Free carrier (seller clears goods for export and delivers to named carrier)
3. CIP - Carriage and Insurance Paid (seller pays carriage, clears goods for export and insures (basic) goods to that point
4. CPT - Carriage Paid To (seller pays for carriage , clears goods for export. Risk passes when goods reach named destination
5. DAP - Delivered at Place (seller bears all risks in delivering goods ready to be unloaded at named place
6. DPU - Delivered at Place Unloaded (seller bears all risks of delivering AND unloading goods at named terminal)
7. DDP - Delivery Duty Paid (seller bears all costs and risks from clearing goods for export, delivery and clearing goods for import at named destination. I.e. seller must discharge ALL delivery and customs responsibilities
TRAVEL BY SHIP:
8. FAS - Free Alongside Ship (seller delivers to the ship (not on it) and bears export charges only
9. FOB - Free on Board (seller must clear goods for export and get them onto the ship)
10. CFR - Cost and Freight (seller pays delivery BUT risk transfers to buyer once goods are loaded onto ship. Buyer arranges own insurance.
11. CIF - Cost Insurance Freight (seller pays for delivery of goods AND insurance (basic) during transit
In Sharia Law, what is Riba (usury)?
Unlawful gain (interest)
Sharia Law does not prevent profit making, however.
What is the ‘loan’ solution to Riba (usury) in Sharia Law? For example, if you want to buy a car.
Bank buys asset
Bank sells asset to buyer at a profit
Borrower pays bank back over time
Bank owns asset until final payment made
What is the ‘deposit’ solution to Riba (usury) in Sharia Law? For example, if you want to put your money in a bank.
Deposit seen as investment
Bank manages it on customer’s behalf, making a profit
Money returned to customer including profit and minus management fees
