Chapter 1 Questions Flashcards

1
Q

The FCA has decided to take enforcement action in a civil court rather than a criminal court. What is the most likely reason for this?

A

The burden of proof is lower

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2
Q

Martin is pursuing an insurance company to resolve a contested personal injury claim amounting to £12,000 in damages. Which court will initiate the trial proceedings?

A

A county court

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3
Q

If a member of an unincorporated association commits a wrongful act that leads to legal liability, what is the position?

A

The member is generally liable for their own acts

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4
Q

If a UK citizen wishes to legally challenge a decision or action of a government official, department or authority, they would do so under

A

Administrative law

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5
Q

Under what circumstances may a ‘next friend’ be involved in a civil court case?

A

As an adult who is primarily responsible for any costs awarded against a minor child

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6
Q

What is the Law Commission responsible for?

A

The consolidation and revision of statute law

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7
Q

Imran has lost his civil prosecution in a Magistrates’ Court. If he wished to make an appeal, which court would he make it to in the first instance?

A

County court

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8
Q

who does public law concern

A

the relationship between the state and its individual members

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9
Q

who does private law concern

A

the relationship between the individuals themselves

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10
Q

what is obiter dictum

A

a statement made by a judge which is of persuasive authority only

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11
Q

examples of legal principles or remedies derived from equity

A

law of trusts
promissory estoppel
subrogation
contribution
special performance
injunction

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12
Q

important types of delegated legislation

A

orders in council
statutory instruments
bye-laws

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