Essential elements of legal system Flashcards
What is the three-track system in civil law
1) The small claims track
2) The fast track
3) The multi-track
What is the monetary limit for civil claims allocated to the small claims track?
£10,000
Which decisions bind the Crown Court?
1) Decisions of the High Court
2) Decisions of the Court of Appeal
3) Decisions of the Supreme Court
When does a Parliamentary Bill becomes an Act of Parliament:
On receiving the Royal Assent.
What is the normal standard of proof placed upon the prosecution in a criminal case?
Beyond reasonable doubt
Can statute override the decision of the Supreme Court?
No, Statute overrides all courts
What does the ‘Golden Rule’ of statutory interpretation mean?
Words should be given their ordinary grammatical meaning unless the meaning is manifestly absurd
There is concern over the validity of certain statutory instruments issued by a minister.
How can the courts control such delegated legislation?
By use of the doctrine ultra vires.
Ultra vires means acting beyond power
What is the superior source of law?
Ratio decidendi of the Court of Appeal
The ratio decidendi of a higher court overrules that of a lower court.
Which of the following is/are correct?
(i) Parliament can delegate law-making powers to a Minister in charge of a Government department.
(ii) Parliament can delegate law-making powers to professional bodies.
(iii) Parliament can delegate law-making powers to local authorities.
(i), (ii) and (iii)
Parliament can delegate law-making powers to any person it sees fit.
What is the normal standard of proof placed upon the prosecution in a Civil case?
Balance of probabilities
What is the ‘Literal rule’?
The ordinary meaning of words are applied where only one meaning is possible.
What is the role of a legislature?
to put forward recommended statutes
What is the role of the executive?
Make the decision if a statute should be passed or not, process the statute
What is the role of the judiciary?
Judges that interpret and apply the statute
How many member states are in the UN?
196 states
Which two bodies are involved in drafting international laws?
1) UNCITRAL (UN commission on International trade law)
2) International law commission
What are incoterms?
Are used in contracts to establish when risk is passed and helps understand terms of delivery
Who developed incoterms?
International chamber of commerce
What are the 2 categories of incoterms?
- any mode of transport (partial sea transport included)
- sea and inland waterway transport
What does EXW stand for and apply to?
'’ex works’’
seller has minimum obligation in delivery, buyer pays for all costs
What does FCA stand for and apply to?
'’free carrier (named place)’’
seller completes obligations when good are cleared for export and custody transferred to name carrier at specified place
What does CIP stand for and apply to?
'’carriage and insurance paid to’’
seller responsible for carriage and insurance up to specified place after that buyer is responsible
What does CTP stand for and apply to?
'’carriage paid to’’
seller pays costs of delivery up to stated locations after buyer is responsible
What does DAT stand for and apply to?
'’delivered at terminal’’
seller has to pay for carriage to terminal and costs associated up to time goods are unloaded at the terminal. does NOT include import clearance (that is buyers responsibility) goods marked as delivered when unloaded at terminal stated in the contract (named port/place of destination)
What does DAP stand for and apply to?
'’delivered at place’’
seller responsible for all costs (excluding import clearance) involved in delivering goods to named place up to point where buyer is ready to unload goods at place
What does DDP stand for and apply to?
'’delivered duty paid’’
seller completes obligations when goods have been delivered to specified location in buyers country (costs include import tax, customs duties and any other official charge)
What does FAS stand for and apply to?
'’free alongside ship’’
only applies to goods being transported by ship, sellers responsibilities finish when goods are placed on quay next to ship, buyer should arrange for export formalities
What does FOB stand for and apply to?
'’free on board’’
buyer arranges shipment, seller loads goods on ship, seller provides export documents and buyer provides import documents
What does CFR stand for and apply to?
'’cost and freight’’
only applies to goods delivered by ship, seller pays all costs until goods have ‘passed the ships rail’ in export country port, buyer arranges marine insurance and customs costs
What does CIF stand for and apply to?
'’cost. insurance and freight’’
all 3 costs are covered by seller, insurance that buyer has right to recover from insurance (min insurance cover is contract price + 10%)
When directors alter the company’s Articles of Association, who must it be bona fide in benefit of?
the company as a whole
To what extent is a member of a company limited by guarantee personally liable for the company’s debts?
His personal liability is limited to the amount identified in the statement of guarantee upon a winding up.
Who must sign The Memorandum of Association of a company?
only the subscribers
What is the liability of a member of an unlimited company?
Member also holds unlimited liability, so has to pay a call without limit on a winding up
To meet the minimum requirements of CA2006, how long should a public company keep its accounting records for
6 years
To meet the minimum requirements of CA2006, how long should a private company keep its accounting records for
3 years
How can a principal can give authority to the agent?
express
implied
apparent
What are the characteristics of a partnership?
- must have 2 or more partner
- must have some sort of business activity
- partners are agents of the partnership ( joint liability)
What must be sent to the Registrar when forming a limited liability partnership?
- registered office address
- name of LLP
- names and addresses of all members
What are the three types of legals systems?
- Common law
- Civil law
- Sharia law
