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Law Certificate > Chapter 1 > Flashcards

Chapter 1 Flashcards

You may prefer our related Brainscape-certified flashcards:
Civil Procedure 1L flashcards MBE flashcards MPRE flashcards
1
Q

Civil law deals with disputes involving

A

private individuals and organisations

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2
Q

Criminal law deals with cases where

A

one party is accused of committing a criminal offence

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3
Q

Two categories of law in the English legal system

A

civil and criminal law

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4
Q

What is the purpose of civil law

A

to provide financial redress or other remedy that meets the needs

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5
Q

Examples of cases heard under civil law

A

Breach of contract and professional negligence

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6
Q

Parties in civil law

A

claimant and defendant

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7
Q

Burden of proof in civil law

A

Is with the claimant

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8
Q

Standard of proof under civil law

A

balance of probability (more probable than not)

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9
Q

Remedy or penalty under civil law

A

usually award of damages, other non-financial remedies are available. No concept of punishment

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10
Q

Who brings the case in criminal law

A

the state

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11
Q

Civil law, do parties have option to settle case out of court even if began hearing it

A

Yes

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12
Q

Criminal law - once a case has begun it will continue until

A

verdict is reach, unless becomes clear shouldn’t have been bought in the first place

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13
Q

Parties involved in criminal law

A

State (prosecution) and accused

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14
Q

Burden of proof in criminal law lies with

A

prosecution

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15
Q

Standard of proof in criminal law

A

beyond reasonable doubt (satisfy jury the accused is guilty, if any doubt jury should acquit)

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16
Q

Remedy or penalty for criminal law

A

no direct remedies to the injured party if the accused is found guilty. Remedies may be available under civil law if the accused caused loss or damage recoverable under civil system

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17
Q

Purpose of criminal law system

A

to punish those found guilty of committing crimes e.g. put into prison, pay fine

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18
Q

Primary legislation

A

acts of parliament - can create whole new laws and put case law on statutory basis, consolidate existing legilsation.

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19
Q

Enabling legislation is created

A

to give individual or body power to create laws in the form of secondary legilsation

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20
Q

Codifying legislation

A

Gives case law a statutory basis

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21
Q

Consolidating legislation

A

Brings together different pieces of legislation into a single document

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22
Q

What is created when a specific body or individual creates laws in accordance with an Act of Parliament

A

Secondary/delegated legislation

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23
Q

Purpose of delegated legislation

A

allow parliament to focus time on creating purpose and objectives of a statute while leaving details to be created by others to save time or utilise their experience.

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24
Q

Statutory instrument

A

common form of delegated legislation. authorises ministers or departments to create the detial of the law

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25
Q

Case law

A

law that has evolved over time as disputes between parties are held in court

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26
Q

What does the principle of judicial precedent say

A

principals of English law should be consistent and must not become inoperative through lapse of time

27
Q

Choice of laws

A

where parties enter into international contracts, they may agree in advance which laws will apply in the event of a dispute

28
Q

UNCISG (UN Convention on Contracts for the International Sale of Goods)

A

source of contract law which parties in different countries can apply to their deailing

29
Q

Scope of UNCISG

A

commercial sale of goods where buyer and seller have places of business in different states

30
Q

Does the UNCISG apply in the following sale
Supply of labour is major part of contract

A

No

31
Q

Does the UNCISG apply in the following sale
Buyer provides most of the materials for the goods

A

no

32
Q

Does the UNCISG apply in the following sale
Goods are bought for personal/household use

A

No

33
Q

Does the UNCISG apply in the following sale
Goods are sold by auction

A

No

34
Q

Does the UNCISG apply in the following sale
Sale relates to specific restricted products (electricity, aircrafts and investments)

A

No

35
Q

UNCISG - obligation of buyer

A

pay price for goods and comply with any formalities to enable payments to be made

36
Q

UNCISG - obligations of seller

A
  • deliver goods to place and time agreed in contract (follow rules in convention if not set out)
  • If no time of deliver set out, deliver goods within reasonable time of contract being formed
  • Deliver goods of quantity, quality and description set out in contract and package in agreed manner. If not set out, follow conformity requirement in convention
37
Q

If either party fails to meet obligations under UNCISG

A

the other party may recover damages for any loss suffered

38
Q

UNCISG Carriage of goods included - when does risk place

A

place indicated in contract, or when first transferred to first carrier for transmission to buyer

39
Q

UNCISG - Carriage of goods not included when does risk pass

A

Time and place where buyer takes over the goods or goods are placed at their disposal

40
Q

UNCISG - goods sold in transit - when does risk pass

A

moment when contract is concluded, even if goods are still in transit

41
Q

ICC Incoterms

A

EXW
FCA
CPT
CIP
DAP
DPU
DDP

42
Q

ICC Incoterms goods transported at see

A

FAS
FOB
CFR
CIF

43
Q

Riba

A

concept of unlawful gain (interest)

44
Q

Sharia - savings accounts

A

customer lends bank money, they are an investor and the bank is fund/asset manager

45
Q

Sharia - loans

A

bank purchases asset from the seller for agreed price and sells back for a profit

46
Q

Environmental sustainability - legislation supporting the principal

A

Environmental Act 2021

47
Q

Social sustainability - legislation supporting the principle

A

Equality Act 2010

48
Q

Governance - Legislation supporting the principle

A

Bribery Act 2010
POCA 2002
ML regs 2017
Data Protection Act 2018

49
Q

Environmental Act 2021

A

Allows better environmental protection to be enshrined into law.
Provides government with powers to set binding targets (air quality, water, biodiversity and waste reduction)

50
Q

Equality Act 2010

A

Sets out statutory powers that make it unlawful to discriminate against person because they have a protected characteristic

51
Q

ML regs 2017

A

Provide rules that prevent criminals and terrorists gaining finances from illegal actions

52
Q

Data Protection Act 2018

A

Protects individuals from holding and sharing of excessive personal data, sets out requirements for permissions, types of data and how long personal data may be held

53
Q

EXW

A

Ex-works - Incoterm1

54
Q

FCA

A

Free Carrier - Incoterm 2

55
Q

CPT

A

Carriage Paid To - Incoterm 3

56
Q

CIP

A

Carriage and insurance paid to = Incoterm 4

57
Q

DAP

A

Delivered at place - Incoterm 5

58
Q

DPU

A

Delivered at place unloaded - Incoterm 6

59
Q

DDP

A

Delivery Duty paid - Incoterm 7

60
Q

FAS

A

Free alongside ship - goods at sea incoterm 1

61
Q

FOB

A

Free onboard - goods at see Incoterm 2

62
Q

CFR

A

Cost and freight - goods at sea term 3

63
Q

CIF

A

Cost insurance and freight - goods at sea term 4

Law Certificate (15 decks)

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