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M05 Insurance Law > Chapter 1- law and legal systems > Flashcards

Chapter 1- law and legal systems Flashcards

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1
Q

What is public law concerned with

A

With the legal structure of a state in relationship between the state and individual members of the community

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2
Q

What is constitutional law concerned with

A

With the structure of the main institutions of government and their relationship to each other

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3
Q

What does constitutional law consist of

A

The making of treaties with foreign states and

The monarch, members of parliament, Government ministers, The judiciary, The civil services and the Armed Forces

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4
Q

What is administrative law concerned with

A

Illegal relationship between private citizens and the various agencies of local and central government

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5
Q

What falls under administrative law

A

Questions of local rating
Taxation and compulsory acquisition of land
The powers of local boards and authorities in relation to highways
Health and education
The granting of licenses for various trades and professions

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6
Q

What is criminal law law concerned with

A

The control of behaviour which harms of threatens of peace as ability of the community

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7
Q

What does private law govern

A

The relationships between legal persons such as individuals businesses and other organisations

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8
Q

What are the six branches a private law

A 
Law of contract
Law of torts
Law of trusts
Law of property
Law of succession
Family law
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9
Q

What is an adversarial system

A

Where the role of the court is not to investigate but simply to listen to the evidence presented by two sides and then give judgement from one side or the other

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10
Q

In civil proceedings what does the claimant have to prove

A

The burden of proof proving his case on the balance of probabilities

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11
Q

What are the five principles of the rule of law

A

The power is exercised by politicians and officials must have a proper foundation based on an authority given to them by law
The law generally should be reasonably certain and predictable
People should be treated equally by the law
No one should be punished or deprived of their property status all the rights
Every person should have the right of access to the courts

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12
Q

What are the three things that equity has given to our legal system

A

The law of trusts
Specific performance
Injunction

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13
Q

What can recent legislation also be known as

A

Statute law

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14
Q

What can act of parliament do

A

Create entirely new law
Overule what already exists
Modify or extend existing principles of common law or equity
Repair or modify existing statute law

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15
Q

What is an example of a public act

A

A public act is one which contains laws affecting the whole community such as the fifth act which are part of the general criminal law

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16
Q

What is an example of a private act

A

A private act is passed the benefit of a particular individual organisation or group. Act include the Lloyds act 1882 and insurance brokers act

17
Q

What is a consolidated act

A

It repairs or previous legislation on a subject and re-enact it in one logically arranged statute.

No New law is created but existing statutory enactment abroad under one umbrella

18
Q

What are two examples of consolidating act

A

The Road traffic act 1988

European Parliament and Council directive

19
Q

What is a codifying act

A

Where the government decide not I need to consolidate different legislation on a particular topic but to include also principles in bodied in caselaw.
As a result most or in some cases is reduced to a single code

20
Q

What are the four examples of a codified act

A

Bill of exchanges act
The partnership act
The sale of goods act 1979
The marine insurance act

21
Q

Who is responsible for the consolidation and revision of statute law

A

Law commission act

22
Q

What two examples are given to the law commission act and their program of reform codification and Consolidation

A

CIDRA

IA 2015

23
Q

What is a retroactive legislation

A

It affects the right done alright required before it came into effect

24
Q

What are enabling Acts

A

a statute empowering a person or body to take certain action, especially to make regulations, rules, or orders

25
Q

With enabling access rules made under these acts are know also as

A

Delegated legislation

26
Q

What are the three most important forms of delegated legislation

A

Statutory instruments
Orders in Council
Bylaws

27
Q

Is statute law subject to influence by the judiciary

A

Yes

28
Q

What are the three statutory aids for interpretation of statutes

A

The interpretation act 1978

Acts of Parliament often contain an interpretation section in which most important words and phrases are given a precise definition

Acts of Parliament have a preamble along title set out the general scope and purpose of the act

29
Q

Under statutory aids what is interpretation act 1978

A

Leysdown certain rules of interpretation which apply to statute law generally

Were due to the singular are deemed to include the plural and vice versa

The use of a masculine gender include the feminine and vice versa

The term person is deemed to include artificial entities such as companies as well as human beings

30
Q

What are the three common law rules of interpretation

A

Literal rule- primary rule
Golden rule
Mischief rule

31
Q

What does the doctrine of binding precedent do

A

Requires a judge to base our decisions on the law established in earlier cases for the facts were the same

32
Q

What three things are the ratio decidendi based on

A

The material facts of the case
The decision of the judge or judges
The reasons for decisions

33
Q

Is the beta dictator persuasive and have influence on future cases

A

Yes

34
Q

What are the four persuasive precedent and authorities

A

Decisions made in lower courts or courts of equal standing

Decisions of courts outside the English system for example the privy council

Obiter Dicta

Textbooks learned treaties and the law or other jurisdictions

35
Q

What are the four institutions of the European Union

A

Council
Commission
European Parliament
Court of Justice

36
Q

What are the six sources of European law

A 
The treaties especially the treaty of Rome
Regulations
Directives
Decisions
Recommendations
Opinions
37
Q

Which court should defamation action is to be started

A

High Court

38
Q

Civil damages may not start in a High Court unless The value of the claim is more than what

A

100k

39
Q

Proceedings which include a claim for damages in respect of personal injuries was not be started in the High Court unless the value of the claim is more than what

A

50k

M05 Insurance Law (11 decks)

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