ELS

Question 1

the law commission was set up in 1965 and it keeps laws under review by

Answer 1

• researching existing laws
• consulting
• drawing up proposals for reform

Question 2

the law commission can make proposals for

Answer 2

• reforming the law
• codifying the law
• consolidating the law
• repealing out of date law

Question 3

who decides whether to implement the proposals put forward by the law commission

Answer 3

parliament

Question 4

adv of reform through law commission

Answer 4

+ researched by legal experts
+ consultation before drawing up proposals
+ whole areas of law are considered

Question 5

precedant

Answer 5

stand by what has been decided

cases made by the supreme court or court of appeal with the same or similar facts must be followed

Question 6

cases

Answer 6

donoghue v stevenson - follow precedent
a v hoare - changing precedant
herrington v brb - distinguish precedant

Question 7

advantages and disadvantages

Answer 7

+ flexible - distinguish between material facts

- too rigid - only br overuled by supreme court - takes too long to appeal and gety expensive

Question 8

burden of proof

Answer 8

claiment must prove the case

Question 9

standard of proof

Answer 9

“beyoind reasonable doubt”

means liabilty must be more likely then not

Question 10

pre-action letter of claim

Answer 10

a letter detailing the losses to give to thd D for a chsnce to settle outside of court

Question 11

thd claim form

Answer 11

• formally starts a civil case
• issued to courts
• court fee is paid
• details losses w evidence
• D has 14 days to reply

Question 12

the county court

Answer 12

jurisdiction: small tracks(10k) and fast tracks(up to 25k) or multi track if they have low complexitiy
- district/ circuit judge
appeals: COA, Supreme Court, European court of justice

Question 13

The High Court

Answer 13

jurisdiction: multi track
three divisions: chancery, family, queens bench
- high court judge
appeals are same county court

Question 14

small claims track

Answer 14

less than £10,000 in county court w a district judge

parties usually represent self

Question 15

fast track

Answer 15

15,000 - 25,000
county court by district judge
takes no longer then 30 weeks

Question 16

multi track

Answer 16

county court or high court
over £25,000
heard by high court judge

Question 17

allocation questionnaire

Answer 17

form N150 + court fee
both D and V complete
establishes length, location, and track

Question 18

appeals in civil cases

Answer 18

both claimant and defendant can request and appeal
only granted on proper grounds
court of appeal and supreme court

Question 19

appeals from county courts

Answer 19

appeals from small and fast

fast appeal > circuit judge

Question 20

second appeals

Answer 20

only allowed in exceptional cases

must raise important point of law or some other compelling reasons

Question 21

tribunals

Answer 21

alternative dispute resolution
give people a method of enforcing social rights
cannot go to court after tribunals q

Question 22

first tier tribunals

Answer 22

hear case at first instance

immigration/ asylum chamber

Question 23

employment tribunal

Answer 23

employees who feel they have been treat unlawfully by employer

Question 24

second appeal

Answer 24

goes to court of appeal in exceptional cases, must raise an important point of law

Question 25

negotiation

Answer 25

voluntary process, either party can’t withdraw, informal, outcome is not binding

Question 26

mediation

Answer 26

third party is involved, professionally trained, outcome is not binding unless both parties agree, cost of mediator is equally payed

Question 27

summary offences

Answer 27

first hearing at magistrates court, D will enter plea, public funding and bail application, tried in magistrates court

Question 28

triable either way offences

Answer 28

if pleads guilty magistrates decide sentencing

Question 29

jurisdiction of the magistrates court in crime

Answer 29

lay magistrates decide if guilty or innocent, helped by a qualified legal clerk

Question 30

jurisdiction of crown court

Answer 30

judge decides sentencing, not facts, jury decide facts and verdict