English Legal System Flashcards
what are 2 alternatives to civil courts?
ADR or tribunals
What are the 3 civil court tracks and what are the damages associated with each?
small claims < £10,000
Fast tracks £10,000 —> £25,000
Multi-track > £25,000
Who reformed the civil courts and when?
Lord Woolfe, 1990s
What is law repeal?
removing unnecessary laws
what is codifacation
compiling all legislation into one “code”
what are the 4 aims of the law commission?
ensure law is: fair modern simple cost-effective
what is a white paper?
informative document about proposed legislation
what is a green paper?
Draft bill
what types of crimes dont require fault
strict and absolute liability
why do crimes require fault?
without fault, its just an accident
what does ADR stand for?
Alternative Dispute Resolution
what is jeremy Bentham’s view on utilitarianism?
the morality of an actions is determined by the value or consequence it brings
what is aristotle’s theory on distributive wealth?
a just society will distribute wealth based on the contribution made to society
what are the 3 ways of funding a civil case?
Own resources
insurance
Conditional win fees
what are some examples of a scenario where negotiation may be used?
noise complaints
faulty goods
bad service from tradesperson
what does the literal rule assume?
perfect drafting by parliament
who do public bills affect?
the public
do private members bills become acts often?
no
how many divisions of tribunals are there
7
who chooses what needs to be reformed?
Lord chancellor and the Law Commission
what were the 3 main issues for lord Woolfe?
cost, delay and complexity
what was Karl Marx’ theory on distributive wealth
from each, according to his ability, to each, according to his need
