Chapter 1 - New Questions Flashcards
Which legal system has been adopted in many countries including the US, parts of Canada, Australia, New Zealand, and various states in Africa and the Far East?
Common Law, a major legal system originating from English Law.
What is the main focus of public law?
Relationships between private individuals.
What is the core principle of the criminal justice system?
Retribution and aiming to penalise offenders.
How can the specifics of a statutory offence be further refined?
By subsequent case law.
What are the three categories of criminal offences?
- Common Law
- Statutory
- Civil
Which type of offence is considered the most serious and must be tried in the court with a Jury?
Indictable-only offences.
What is the first step in the criminal justice process after a crime has been reported?
The police investigate the alleged offence.
In which court does a defendant typically make their first appearance after being charged with a crime?
The magistrates court.
What must the prosecution prove in a criminal trial to secure a conviction?
The defendants guilt built a reasonable doubt.
If a defendant is found guilty, what may occur before sentencing?
The sentencing is postponed to obtain a pre-sentence report (PSR.)
What is the principle of “presumption of innocence”?
The prosecution must prove the defendants guild, as the defendant is presumed innocent.
What is another term commonly used for private law in England?
Civil Law.
Which of the following is a characteristic that distinguishes English law from other legal systems?
Judge-made law
What is one of the main reasons why English law has remained consistent over time?
It has a history of over 900 years without interruption
What is the role of judges in the English legal system compared to many other countries?
Judges create new laws through decisions in superior courts
What ensures the independence of judges in the UK from political interference?
Senior judges can only be removed by a motion approved by both Houses of Parliament
How does the inquisitorial system, common in continental Europe, differ from the adversarial system used in England?
The court actively participates in discovering the truth
What significant change did the Civil Procedure Rules, introduced in April 1999, bring to the English courts?
They granted courts more extensive powers to manage cases
How does English law traditionally differ from many other countries in terms of fundamental rights?
English law does not traditionally define fundamental, unchangeable rights for its citizens
What must new legislation presented to Parliament now include according to the Human Rights Act 1998?
A provision for its automatic review by the European Court of Human Rights
According to the ‘rule of law’, how should laws generally be characterized?
Reasonably certain and predictable
What was the primary role of the ‘travelling judges’ established after the Norman Conquest of 1066?
To apply local customs uniformly across the country
What was a significant defect of the early common law system?
It had elaborate procedures that could leave claimants without redress.
What significant change did the Judicature Acts 1873–75 bring to the English legal system?
They merged the common law courts and the Court of Chancery into a unified court system.
At what stage in the legislative process is a bill’s general merit debated and voted upon?
Second Reading
What is required for a bill to become an Act of Parliament?
Approval from both Houses of Parliament and the Royal Assent.
Which Act provides an example of a Public Bill that came into force a year after receiving Royal Assent?
The Consumer Insurance (Disclosure and Representations) Act 2012
Which stage is primarily a formality where only the title of the bill is read out and printed?
First Reading
Which Act is an example of a codifying Act?
The Partnership Act 1890
Which of the following is NOT a form of delegated legislation?
Consolidating Acts
What does the Interpretation Act 1978 specify about the use of words in legislation?
Words used in the singular include the plural and vice versa.
What is the literal rule of statutory interpretation?
Constructing words and phrases according to their ordinary sense and applying grammar and punctuation.
What is the ‘golden rule’ of statutory interpretation?
Choosing an interpretation that avoids absurd results, even if it deviates from the literal meaning.
What does the mischief rule focus on in statutory interpretation?
The problem or ‘mischief’ that the statute was intended to address.
Under the Human Rights Act 1998, how should courts interpret statutory provisions?
In a way that is compatible with the rights protected under the Human Rights Act.
Which court replaced the House of Lords as the final court of appeal in the UK on 1 October 2009?
The Supreme Court
What is the primary function of the Chancery Division of the High Court?
To deal with company matters, partnerships, and trusts.
Which court hears appeals from the Crown Court in criminal cases?
The Court of Appeal (Criminal Division)
What does the doctrine of binding precedent require a judge to follow?
The legal principle established in earlier cases with similar facts.
Can the Supreme Court depart from its own previous decisions?
Yes, but it has done so very rarely.
How are decisions of the Court of Appeal (Civil Division) regarded in relation to the High Court?
They are binding on the High Court.
Are decisions made in the Magistrates’ Courts binding on other courts?
No, decisions in Magistrates’ Courts are not binding on any other court.
What principle allows the Court of Appeal (Civil Division) to deviate from its own previous decisions?
The decision is not binding if it conflicts with a Supreme Court decision.
What is the significance of the principle of ‘stare decisis’?
It requires courts to follow the legal principles established in previous cases.
Which of the following best describes the impact of ‘obiter dicta’?
They are persuasive and may influence future cases but are not binding.
What is the main disadvantage of the system of precedent?
It can lead to rigidity and difficulty in changing established rules.
Which court’s decisions are binding on the Crown Court and Magistrates’ Courts?
The Supreme Court.
In which publication are decisions of the House of Lords found?
Appeal Cases
Which of the following is a specialist law report important to insurance students and practitioners?
Lloyd’s Reports
What is the role of the All England Reports in legal reporting?
They offer general reports of cases from various courts.
Which of the following is NOT a source of law reports mentioned in the text?
Harvard Law Review
What is the current status of local custom as a source of general law in England?
It is a minor source of law.
How did English common law originally develop?
Through customs adopted throughout the country.
What happens to a long-established local custom that applies to a specific area and group of people?
It may give those people rights that the law will support.
Is local custom still a significant source of general law in modern times?
No, it is no longer a source of general law.
What major change did the Lisbon Treaty bring to the European Community (EC)?
It renamed the EC to the European Union (EU) and eliminated the EC.
Which of the following is NOT one of the main institutions of the European Union?
The European Council
What role does the Court of Justice of the European Union (CJEU) play?
It is the ultimate court of appeal on matters of European law.
What was one of the aims of the Treaty of Rome, beyond economic integration?
To harmonize criminal law across Europe.
What effect did the European Union (Withdrawal) Act 2018 (EUWA) have on the European Communities Act 1972 (ECA)?
It repealed the ECA, removing the mechanism for the automatic flow of EU law into UK law.
Which Act replaced the Insurance Companies Act 1982, which was based on European Directives?
The Financial Services and Markets Act 2000
How is European legislation related to the Consumer Protection Act 1987?
The Act is based on an EC Directive and affects product liability insurance.
Which of the following statements about the European Court of Justice (ECJ) is true?
The ECJ’s judges deliberate in secret and issue a collective judgment.
In the FCA test case, what was the primary objective of the litigation?
To seek judicial clarity on the meaning of certain policy clauses regarding business interruption losses.
Which court is appropriate for a claim involving personal injury with a value of less than £50,000?
The County Court
What action must a defendant take within 14 days of receiving the Particulars of Claim if they wish to defend the claim?
File an acknowledgment of service or a defense
If a claim is allocated to the Small Claims Track, what is the new limit for personal injury claims arising from road traffic accidents from 31 May 2021?
£5,000
What is a key feature of the Small Claims Track regarding expert evidence?
No expert evidence is allowed without the court’s permission.
What type of claims is typically allocated to the Fast Track?
Claims for breach of contract or professional negligence where the total claimed exceeds £10,000
What is the general time frame for a case allocated to the Fast Track to be heard and concluded?
Within 30 weeks and concluded in one day
In a Fast Track case, what is typically restricted to ensure efficiency?
Use of oral evidence and number of expert witnesses
Which type of claims is allocated to the Multi-Track?
Claims for sums exceeding £25,000, or those requiring complex expert evidence
Who usually manages a Multi-Track case?
A High Court Judge or Circuit Judge
What types of litigation funding are available in the UK?
Conditional fee agreements, damages-based agreements, fixed fees, and third-party funding
Which case highlighted the legitimacy of litigation funding in the UK?
Arkin v. Borchard Lines Ltd & Others
Under the new rules, what is the maximum percentage of damages that can be taken as a contingency fee for personal injury claims?
25%
What does Qualified One-Way Costs Shifting (QOCS) entail for personal injury claims?
Claimants do not have to pay the defendant’s costs if they lose, except in specific circumstances
What is a defining characteristic of third-party funding (litigation funding)?
The third party finances all or part of the legal costs in return for a fee from the proceeds
In a third-party funding arrangement, what happens if the litigant loses the case?
The third party loses their ‘investment’
When were significant reforms to civil litigation funding introduced in the UK?
April 2013
Which body regulates solicitors in England and Wales?
The Solicitors Regulation Authority
What is one significant change introduced by the Public Access scheme for barristers in 2004?
Barristers are now allowed to represent clients directly without a solicitor.
In the context of criminal law, what is the age below which a child is presumed incapable of committing a crime in England and Wales?
10
Which legislation raises the minimum age for purchasing National Lottery tickets and for selling them?
National Lottery (Revocation and Amendment) Regulations 2021
In contract law, what happens if a contract is entered into by a person who lacks mental capacity at the time of the agreement?
The contract is voidable at the option of the incapacitated party.
Regarding property law, what happens if a person with severe mental disability is coerced into selling their home?
The sale could be invalidated if they lacked the capacity to understand the transaction.
What restriction may apply to a bankrupt individual under employment law?
They are restricted from practicing in certain professions or running a business without informing others of their bankruptcy.
What historical legal restriction regarding marriage was removed by the Law Reform (Husband and Wife) Act 1962?
The restriction preventing spouses from suing each other in tort.
Which of the following is a key characteristic of a corporation?
It has an independent and separate legal personality from its owners.
What is one reason for forming a corporation?
To benefit from limited liability for shareholders.
How is a chartered corporation aggregate typically created?
By a Royal Charter granted by the Crown.
What distinguishes a statutory corporation aggregate from other types of corporations?
It is established by Parliament through specific legislation to serve a public interest.
Which type of company does not have share capital and is often used for non-profit organizations?
Company limited by guarantee
How do unincorporated associations handle legal proceedings?
They must conduct legal proceedings through their members.
What is a common reason for unincorporated associations to eventually adopt a formal legal structure?
To mitigate risks and challenges associated with their informal structure.
How might unincorporated associations’ informal nature affect their operations?
It restricts their ability to hold property and engage in formal contracts.
