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M05 Revision > Chapter 1 - New Questions > Flashcards

Chapter 1 - New Questions Flashcards

1
Q

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?

A

Common Law, a major legal system originating from English Law.

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2
Q

What is the main focus of public law?

A

Relationships between private individuals.

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3
Q

What is the core principle of the criminal justice system?

A

Retribution and aiming to penalise offenders.

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4
Q

How can the specifics of a statutory offence be further refined?

A

By subsequent case law.

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5
Q

What are the three categories of criminal offences?

A
  • Common Law
  • Statutory
  • Civil
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6
Q

Which type of offence is considered the most serious and must be tried in the court with a Jury?

A

Indictable-only offences.

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7
Q

What is the first step in the criminal justice process after a crime has been reported?

A

The police investigate the alleged offence.

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8
Q

In which court does a defendant typically make their first appearance after being charged with a crime?

A

The magistrates court.

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9
Q

What must the prosecution prove in a criminal trial to secure a conviction?

A

The defendants guilt built a reasonable doubt.

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10
Q

If a defendant is found guilty, what may occur before sentencing?

A

The sentencing is postponed to obtain a pre-sentence report (PSR.)

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11
Q

What is the principle of “presumption of innocence”?

A

The prosecution must prove the defendants guild, as the defendant is presumed innocent.

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12
Q

What is another term commonly used for private law in England?

A

Civil Law.

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13
Q

Which of the following is a characteristic that distinguishes English law from other legal systems?

A

Judge-made law

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14
Q

What is one of the main reasons why English law has remained consistent over time?

A

It has a history of over 900 years without interruption

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15
Q

What is the role of judges in the English legal system compared to many other countries?

A

Judges create new laws through decisions in superior courts

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16
Q

What ensures the independence of judges in the UK from political interference?

A

Senior judges can only be removed by a motion approved by both Houses of Parliament

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17
Q

How does the inquisitorial system, common in continental Europe, differ from the adversarial system used in England?

A

The court actively participates in discovering the truth

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18
Q

What significant change did the Civil Procedure Rules, introduced in April 1999, bring to the English courts?

A

They granted courts more extensive powers to manage cases

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19
Q

How does English law traditionally differ from many other countries in terms of fundamental rights?

A

English law does not traditionally define fundamental, unchangeable rights for its citizens

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20
Q

What must new legislation presented to Parliament now include according to the Human Rights Act 1998?

A

A provision for its automatic review by the European Court of Human Rights

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21
Q

According to the ‘rule of law’, how should laws generally be characterized?

A

Reasonably certain and predictable

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22
Q

What was the primary role of the ‘travelling judges’ established after the Norman Conquest of 1066?

A

To apply local customs uniformly across the country

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23
Q

What was a significant defect of the early common law system?

A

It had elaborate procedures that could leave claimants without redress.

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24
Q

What significant change did the Judicature Acts 1873–75 bring to the English legal system?

A

They merged the common law courts and the Court of Chancery into a unified court system.

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25
Q

At what stage in the legislative process is a bill’s general merit debated and voted upon?

A

Second Reading

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26
Q

What is required for a bill to become an Act of Parliament?

A

Approval from both Houses of Parliament and the Royal Assent.

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27
Q

Which Act provides an example of a Public Bill that came into force a year after receiving Royal Assent?

A

The Consumer Insurance (Disclosure and Representations) Act 2012

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28
Q

Which stage is primarily a formality where only the title of the bill is read out and printed?

A

First Reading

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29
Q

Which Act is an example of a codifying Act?

A

The Partnership Act 1890

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30
Q

Which of the following is NOT a form of delegated legislation?

A

Consolidating Acts

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31
Q

What does the Interpretation Act 1978 specify about the use of words in legislation?

A

Words used in the singular include the plural and vice versa.

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32
Q

What is the literal rule of statutory interpretation?

A

Constructing words and phrases according to their ordinary sense and applying grammar and punctuation.

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33
Q

What is the ‘golden rule’ of statutory interpretation?

A

Choosing an interpretation that avoids absurd results, even if it deviates from the literal meaning.

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34
Q

What does the mischief rule focus on in statutory interpretation?

A

The problem or ‘mischief’ that the statute was intended to address.

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35
Q

Under the Human Rights Act 1998, how should courts interpret statutory provisions?

A

In a way that is compatible with the rights protected under the Human Rights Act.

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36
Q

Which court replaced the House of Lords as the final court of appeal in the UK on 1 October 2009?

A

The Supreme Court

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37
Q

What is the primary function of the Chancery Division of the High Court?

A

To deal with company matters, partnerships, and trusts.

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38
Q

Which court hears appeals from the Crown Court in criminal cases?

A

The Court of Appeal (Criminal Division)

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39
Q

What does the doctrine of binding precedent require a judge to follow?

A

The legal principle established in earlier cases with similar facts.

40
Q

Can the Supreme Court depart from its own previous decisions?

A

Yes, but it has done so very rarely.

41
Q

How are decisions of the Court of Appeal (Civil Division) regarded in relation to the High Court?

A

They are binding on the High Court.

42
Q

Are decisions made in the Magistrates’ Courts binding on other courts?

A

No, decisions in Magistrates’ Courts are not binding on any other court.

43
Q

What principle allows the Court of Appeal (Civil Division) to deviate from its own previous decisions?

A

The decision is not binding if it conflicts with a Supreme Court decision.

44
Q

What is the significance of the principle of ‘stare decisis’?

A

It requires courts to follow the legal principles established in previous cases.

45
Q

Which of the following best describes the impact of ‘obiter dicta’?

A

They are persuasive and may influence future cases but are not binding.

46
Q

What is the main disadvantage of the system of precedent?

A

It can lead to rigidity and difficulty in changing established rules.

47
Q

Which court’s decisions are binding on the Crown Court and Magistrates’ Courts?

A

The Supreme Court.

48
Q

In which publication are decisions of the House of Lords found?

A

Appeal Cases

49
Q

Which of the following is a specialist law report important to insurance students and practitioners?

A

Lloyd’s Reports

50
Q

What is the role of the All England Reports in legal reporting?

A

They offer general reports of cases from various courts.

51
Q

Which of the following is NOT a source of law reports mentioned in the text?

A

Harvard Law Review

52
Q

What is the current status of local custom as a source of general law in England?

A

It is a minor source of law.

53
Q

How did English common law originally develop?

A

Through customs adopted throughout the country.

54
Q

What happens to a long-established local custom that applies to a specific area and group of people?

A

It may give those people rights that the law will support.

55
Q

Is local custom still a significant source of general law in modern times?

A

No, it is no longer a source of general law.

56
Q

What major change did the Lisbon Treaty bring to the European Community (EC)?

A

It renamed the EC to the European Union (EU) and eliminated the EC.

57
Q

Which of the following is NOT one of the main institutions of the European Union?

A

The European Council

58
Q

What role does the Court of Justice of the European Union (CJEU) play?

A

It is the ultimate court of appeal on matters of European law.

59
Q

What was one of the aims of the Treaty of Rome, beyond economic integration?

A

To harmonize criminal law across Europe.

60
Q

What effect did the European Union (Withdrawal) Act 2018 (EUWA) have on the European Communities Act 1972 (ECA)?

A

It repealed the ECA, removing the mechanism for the automatic flow of EU law into UK law.

61
Q

Which Act replaced the Insurance Companies Act 1982, which was based on European Directives?

A

The Financial Services and Markets Act 2000

62
Q

How is European legislation related to the Consumer Protection Act 1987?

A

The Act is based on an EC Directive and affects product liability insurance.

63
Q

Which of the following statements about the European Court of Justice (ECJ) is true?

A

The ECJ’s judges deliberate in secret and issue a collective judgment.

64
Q

In the FCA test case, what was the primary objective of the litigation?

A

To seek judicial clarity on the meaning of certain policy clauses regarding business interruption losses.

65
Q

Which court is appropriate for a claim involving personal injury with a value of less than £50,000?

A

The County Court

66
Q

What action must a defendant take within 14 days of receiving the Particulars of Claim if they wish to defend the claim?

A

File an acknowledgment of service or a defense

67
Q

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?

A

£5,000

68
Q

What is a key feature of the Small Claims Track regarding expert evidence?

A

No expert evidence is allowed without the court’s permission.

69
Q

What type of claims is typically allocated to the Fast Track?

A

Claims for breach of contract or professional negligence where the total claimed exceeds £10,000

70
Q

What is the general time frame for a case allocated to the Fast Track to be heard and concluded?

A

Within 30 weeks and concluded in one day

71
Q

In a Fast Track case, what is typically restricted to ensure efficiency?

A

Use of oral evidence and number of expert witnesses

72
Q

Which type of claims is allocated to the Multi-Track?

A

Claims for sums exceeding £25,000, or those requiring complex expert evidence

73
Q

Who usually manages a Multi-Track case?

A

A High Court Judge or Circuit Judge

74
Q

What types of litigation funding are available in the UK?

A

Conditional fee agreements, damages-based agreements, fixed fees, and third-party funding

75
Q

Which case highlighted the legitimacy of litigation funding in the UK?

A

Arkin v. Borchard Lines Ltd & Others

76
Q

Under the new rules, what is the maximum percentage of damages that can be taken as a contingency fee for personal injury claims?

A

25%

77
Q

What does Qualified One-Way Costs Shifting (QOCS) entail for personal injury claims?

A

Claimants do not have to pay the defendant’s costs if they lose, except in specific circumstances

78
Q

What is a defining characteristic of third-party funding (litigation funding)?

A

The third party finances all or part of the legal costs in return for a fee from the proceeds

79
Q

In a third-party funding arrangement, what happens if the litigant loses the case?

A

The third party loses their ‘investment’

80
Q

When were significant reforms to civil litigation funding introduced in the UK?

A

April 2013

81
Q

Which body regulates solicitors in England and Wales?

A

The Solicitors Regulation Authority

82
Q

What is one significant change introduced by the Public Access scheme for barristers in 2004?

A

Barristers are now allowed to represent clients directly without a solicitor.

83
Q

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?

A

10

84
Q

Which legislation raises the minimum age for purchasing National Lottery tickets and for selling them?

A

National Lottery (Revocation and Amendment) Regulations 2021

85
Q

In contract law, what happens if a contract is entered into by a person who lacks mental capacity at the time of the agreement?

A

The contract is voidable at the option of the incapacitated party.

86
Q

Regarding property law, what happens if a person with severe mental disability is coerced into selling their home?

A

The sale could be invalidated if they lacked the capacity to understand the transaction.

87
Q

What restriction may apply to a bankrupt individual under employment law?

A

They are restricted from practicing in certain professions or running a business without informing others of their bankruptcy.

88
Q

What historical legal restriction regarding marriage was removed by the Law Reform (Husband and Wife) Act 1962?

A

The restriction preventing spouses from suing each other in tort.

89
Q

Which of the following is a key characteristic of a corporation?

A

It has an independent and separate legal personality from its owners.

90
Q

What is one reason for forming a corporation?

A

To benefit from limited liability for shareholders.

91
Q

How is a chartered corporation aggregate typically created?

A

By a Royal Charter granted by the Crown.

92
Q

What distinguishes a statutory corporation aggregate from other types of corporations?

A

It is established by Parliament through specific legislation to serve a public interest.

93
Q

Which type of company does not have share capital and is often used for non-profit organizations?

A

Company limited by guarantee

94
Q

How do unincorporated associations handle legal proceedings?

A

They must conduct legal proceedings through their members.

95
Q

What is a common reason for unincorporated associations to eventually adopt a formal legal structure?

A

To mitigate risks and challenges associated with their informal structure.

96
Q

How might unincorporated associations’ informal nature affect their operations?

A

It restricts their ability to hold property and engage in formal contracts.

M05 Revision (21 decks)

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