Brainscape's Knowledge GenomeTM

Browse over 1 million classes created by top students, professors, publishers, and experts.


See full index

Law Paper 2 > ELS paper 2 > Flashcards

ELS paper 2 Flashcards

You may prefer our related Brainscape-certified flashcards:
Civil Procedure 1L flashcards MBE flashcards MPRE flashcards
1
Q

What is the structure of the civil court?

A

supreme court
court of appeal
high court (family, king’s bench, chancery)
county courts
tribunals

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

what 3 things is parliament made of?

A

house of commons
the crown
house of lords

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

What are green paper and white papers?

A

green
- each government department is responsible for one particular area of governments
- if a change in the law is being considered, the minister with that responsibility will produce a green paper
- documents which gov’s view is put forward and presenting their proposals for law reform
- interested parties send comments

white
- document produced by the government after a green paper
- sets out the government’s firm proposal for law reform
- usually published at the same time as the bill

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

what is a public bill and give an example

A

public bills
- most common bill
- introduced by the government
- involves matters of public policy
- e.g. legal services act 2007

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

what is a private members bill and give an example

A
  • introduced by individual MPs not ministers
  • can be from any party
  • can by introduced by a ballot of the ‘ten minute rule’
    e.g.
    abortion act 1967
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

what is a private bill and give an example

A
  • small number of bills that are designed to impact a small number of individuals
    e.g.
    Faversham Oyster Fisheries Bill 2008
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

what is a hybrid bill and give an example

A
  • introduced by the government but will only affect particular groups or individuals
    e.g.
    cross rail bills
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

what are some major influences on parliament?

A
  • think-tanks
  • civil servants
  • commissions and inquiries
  • public opinion and the media
  • e-petitions
  • lobbying
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

pros of parliamentary law making

A
  • democratic
  • effective
  • detailed consideration
  • delegates legislation
  • certainty
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

cons of parliamentary law making

A
  • volume
  • complex
  • time
  • committee stage
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

what is the law commission?

A

full time body made up of a chair (high court judge) four other law commissioners (highly trained lawyers) and their staff who assist with research

aim is to make sure the law is fair, modern, simple, and cost effective

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

what are the 4 main things the law commission does?

A
  1. reform
  2. codification
  3. consolidation
  4. repeal
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

what is reforming (law commissioners)

A
  • they consider areas of the law that need to be updated
  • they can chose or the government can refer it to them
  • they do research to find errors
  • then produce a report saying what they will do and also will give a draft bill
  • parliament vote but they often say no
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

what is codification (law commissioners)

A
  • rewriting areas of law (often in a less complicated way)
  • only usually do small areas of law that are controversial
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

what is consolidation (law comissioners)

A
  • drawing together all the existing provisions in an area of law into one act
    e.g.
    sentencing law 2017
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

what is repeal (law comissionser)

A
  • only parliament can repeal an act but the law commission can advise parliament what acts they believe should be taken back
  • such as the rationing act after WW2
  • most successful area of work (over 3000 have been replaced)
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
17
Q

examples of implemented law commission law

A
  • land registration act 2002
  • corporate manslaughter and corporate homicide acct
  • coroners and justices’ act 2009
  • consumers rights act 2015
18
Q

What is a tribunal and how is it different from a court?

A
  • tribunals are specialist courts whose judges and members hear a wide range of cases
  • they are less formal than courts
19
Q

what do lower tribunals do?

A
  • deal with about 600,000 a year
  • they hear first instance tribunal cases
  • there are 7 divisions
20
Q

what are the 7 divisions of lower tribunal courts?

SHWTGLA

A
  1. social entitlement chamber
  2. health, education and social care
  3. war pensions and armed forces compensation
  4. taxation chamber
  5. general regulatory chamber
  6. Land, property and housing chamber
  7. asylum and immigration chamber
21
Q

what do upper tribunals deal with?

A
  • hears appeals from lower chamber
  • tax and chancery chamber
22
Q

advantages of tribunal courts

A
  • takes pressure off the court system
  • cheap - applicants are advised to represent themselves
  • speed - most are dealt with within one day
  • informal - private, less pressure
  • expertise - two non lawyers assist the judge who are experts in their field
23
Q

disadvantages of tribunal courts

A
  • lack of funding as legal aid is not available for most tribunals
  • more formal than ADR: still following confusing procedures
  • delay -
24
Q

what claims will be held in the small claims track?

A

small cases that can be held in private, parties are encouraged to represent themselves
- not large amounts of money or complicated issues

25
Q

What claims are made in the fast-track and what is the delay for it?

A

£5000-£15,000
around 50 weeks

26
Q

which claims will be heard in the multi-track

A

claims with a value over £15000

27
Q

what 3 things did Lord Woolf state would be effective for the civil justice system

A
  • be fair in the results it delivers
  • be fair in the way it treats litigants
  • deal with cases at a reasonable speed
28
Q

what was the constitution reform act of 2005?

A

It meant that judicial appointment is now separate from government and is advertised as a regular job

whereas it used to be the Lord Chancellor selected judges based on the opinions of existing judges

29
Q

what are the 5 criteria for being a judge?
(Judicial Appointments commission)

A
  1. intellectual capacity
  2. integrity, independence of mind, sound judgement, decisiveness, objectivity, willingness to learn
  3. ability to understand and deal fairly
  4. authority and comminication skills
  5. efficiency
30
Q

What are the 3 main elements of judicial training?

A
  1. knowledge of substantive law
  2. the acquisition and improvement of judicial skills
  3. the social context within which judging occurs
31
Q

what do superior judges do? and what are the 3 types

A

Justice of the supreme court
Hear around 100 cases a year - either civil or criminal appeals
The justices of the Supreme court must sit as an uneven number panel
Any decision on a point of law becomes precedent for all courts

Lord Justices of Appeal
Hear both Criminal and Civil Appeals
Heavy workload: 1800 Criminal appeals and 3000 civil appeals
Usually sit as a panel of three but important cases might be five

High Court Judges
Try first instance cases
First instance cases are sat with a single judge
king’s bench division hears criminal appeals from from a Magistrates Court by a special case stated method - appeals on law only - if hearing appeals, there will be 2 judges
KBD judges will be joined by a jury

32
Q

what do inferior judges do and what are the 3 types?

A

Circuit judges
Hear civil cases in the county court and criminal cases in the crown court
Joined by a jury and decide the law and sentence

Recorders
Part time judges who are appointed for five years - used mainly in the Crown court
Expected to do around 30 days of work a year
Paid a daily fee
Eligibility is restricted to barristers or solicitors of at least 7 years standing

District judges
Deal with small claims in the county court (under £10k)
Try criminal cases in the magistrates court

33
Q

What are the 3 features of judicial independence?

A
  1. Independence from executive - government and judges are kept separate and can’t dismiss judges
  2. Independence from the Legislative - judges are not involved in the law making function of parliament
  3. Independence from case - judges may not try any cases were they have an interest in the issue involved
34
Q

what is judicial immunity? plus an example

A
  • Judges are immune from defamation
  • They are not allowed to be taken to court for decisions they have made in court
  • Immunity from being sued for their civil legal decisions
    E.g. Sirros and Moore
35
Q

what is Judicial independence - security of Tenure: Superior Judges

A
  • Superior judges can be fired if the monarch wants to
  • Monarch could only remove a judge by petitioning to both houses of parliament
  • Inferior judges can be dismayed by the Lord Chancellor
36
Q

why do judges have judicial immunity?

A
  1. protects the liberty of the individual
  2. judicial review
  3. impartiality
  4. free from fear
37
Q

what are 3 private funding examples for cases?

A

Own resources - anyone who can afford it can pay for their own solicitors or barrister average cost of a solicitor’s time is £150 per hour

insurance - legal insurance can help fund a court case e.g. home insurance

conditional fee agreements (no win, no fee) - if you win, the legal team gets a percentage of your winnings, if you lose they pay all your legal funds

38
Q

pros and cons of conditional fee agreement

A

pros
- good alternative way of privately funding legal cases
- removes anxiety of having to pay huge costs on a loss
- widely available
- no upfront cost

cons
- solicitors generally charge higher fees to cover risks of losing cases
- court costs may still need to be paid, which are not covered
- cherry picking of cases
- success fees can cost a high percentage of compensation

39
Q

who is public civil funding available for and what are the means tests?

A
  • mental health tribunals
  • children’s rights cases
  • disposable income has to be below a certain person
  • if you have assets like jewelry which is more than £8,000, you are expected to sell them
40
Q

what is criminal case funding?

A

defendant will only get legal funding if they can show they have one of 5 factors
1. whether, if their case is decided against them, the individual would by likely to lose their liberty or serious damage of their reputation
2. the case will involve a consideration of a point of law
3. the individual is unable to understand the proceedings in court to state their own case
4. the case must involve the tracing, interviewing or expert cross examination of witnesses
5. it is in the interest of another person that the individual be represent

41
Q

what is the magistrates court means testing

A

those who are on income support, under the age of 16, or under 18 and in full time education automatically pass the means test

first stage - gross annual income is assessed - if too high, defendant doesn’t qualify
second stage - if you are in the middle of these two, your disposable income is assessed

42
Q
A

Law Paper 2 (5 decks)

Brainscape helps you reach your goals faster, through stronger study habits.
© 2024 Bold Learning Solutions. Terms and Conditions