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MO5 > Chapter 1 - LO 1 > Flashcards

Chapter 1 - LO 1 Flashcards

1
Q

Public Law

A

Relationship between state and individual members of community. Governs relationship between one state and another

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2
Q

Constitutional Law

A

Main institution of government and relationship with one another
- making treaties with foreign states

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3
Q

Administrative Law

A

Branch of constitutional law. Private citizens vs various agencies of local and central govt

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4
Q

Criminal Law

A

control of behvaiour that harms

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5
Q

Private law

A

relationship between legal person and other organisation

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6
Q

Branches of private law (6)

A
  1. Law of contract
  2. Law of torts
  3. Law of trust
  4. Law of property
  5. Law of succession
  6. Family Law
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7
Q

Binding of precedent

A

Allows decisions of judges to become part of the law

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8
Q

Civil case fight between

A

Claimant and defendant

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9
Q

Criminal case fight between

A

Prosecution and defence

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10
Q

Civil proceedings defendant must prove

A

Balance of probabilities

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11
Q

Criminal proceedings must prove

A

Beyond reasonable doubt

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12
Q

Common Law

A

Unified system that are contained in decision of the courts (judge-made law)

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13
Q

Law of trust

A

Legal relationship created in lifetime or death to put trustee in control of assets

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14
Q

Specific performance

A

Court compelling person to carry out a promise

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15
Q

Injunction

A

Court compelling person to do something or prohibit from doing something

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16
Q

Legislation

A

law created in formal way and set down in writing, parliament is only body to make general legal rules

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17
Q

Parliament consists of (3sections)

A

House of commons
House of Lords
The Monarch

18
Q

Why can legislation sometime be called statute law

A

Principal form which parliamentary legislation takes is acts of parliament or statutes

19
Q

Difference between white paper and green paper - which one comes first?

A
  1. Green paper - response to proposed changes in law
  2. White paper - advanced notice of more definite proposals
    New law drawn up in form of a bill
20
Q

Public act

A

enforcing on whole community

21
Q

Private act

A

on particular individuals, promoter is typically local authoirty

22
Q

Public bill procedure (5)

A
  1. First reading - Title of Bill only read out
  2. Second reading - debate over bill is taken place
  3. Committee stage - Details of bill discussed 20 - 30 members
  4. Report stage - Bill amended
  5. Third reading - Final chance for debate
23
Q

Consolidating Act

A

Repeal and replace previous legislation e.g RTA 1998

24
Q

Codifying Acts

A

Brings together current legislaton and case law decisions

25
Q

Retroactive / retrospective act

A

Which affects acts done or right acquired before it came into effect

26
Q

Delegated Legislation (4)

A

Enabling Acts / Parent acts
Statutory instruments
Orders in council
Bye-laws

27
Q

Literal rule

A

Primary rule take precedence over others. Literal meaning of the words

28
Q

Golden rule

A

If the literal rule is absurd meaning, alternative interpretation is needed

29
Q

Mischief rule

A

If meaning is causes mischief

30
Q

Minor civil cases dealt with

A

County courts

31
Q

Civil court order (4)

A
  1. Magistrates
  2. County courts
  3. Court of appeal (civil)
  4. Supreme court
32
Q

Criminal court order

A
  1. Magistrates
  2. Crown court
  3. Court of appeal (criminal)
  4. Supreme court
33
Q

Reversing and overruling

A

Overruling when higher courts decide a matter governed by precedent

34
Q

Disapproving / distinguishing

A

When lower court disapproves of opinion
distinguish when court declines to follow a previous decision

35
Q

Maastricht Treat

A

Treaty of EU

36
Q

Small claims track

A

up to 10k for personal injury and housing where limit is up to 1k

37
Q

Fast track

A

Easy disputes where financial value is up to 25k

38
Q

Multi track

A

financial value exceeding 25k

39
Q

Corporations

A

Artificial legal persons / juristic persons
companies registered under the companies act

40
Q

Corporation sole

A

Legal person representing an official position which will be occupied by series of different people. Legal entities distinct form the people who act on behalf of the company

41
Q

Corporation aggregate

A

Legal person consisting of a number of people

42
Q

Unincorporated Associations

A

Each person is liable for their own thing

MO5 (9 decks)

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