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Business Law > Essential Elements of the Legal System > Flashcards

Essential Elements of the Legal System Flashcards

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1
Q

What are the 3 main sources of English Law?

A
  1. Legislation
  2. Case law
  3. Custom
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2
Q

When taking legal action against a customer in respect of non-payment of a debt, what is the standard of proof required to be shown?

A

As this is a civil case, the standard of proof is on the balance of probabilities

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3
Q

In a criminal case being tried in Court, what is the standard of proof required to be shown by the prosecutor?

A

Beyond reasonable doubt

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4
Q

What part of a court’s decision is binding on similar later cases?

A

Ratio decidendi

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5
Q

The Crown Court only has criminal jurisdiction.

Is this statement true or false?

A

False, the Crown Court had limited civil appellate jurisdiction on matters such as bankruptcy and company winding-up

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6
Q

Which form of law has a tracking system comprising of the small, fast and multi-tracks?

A

Civil

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7
Q

Magistrates need only a basic qualification in law.

Is this statement true or false?

A

False, a magistrate can be a layman, i.e. one without any qualifications

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8
Q

What are the three divisions of the High Court?

A
  1. Queen’s Bench Division
  2. Chancery Division
  3. Family Division
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9
Q

Is the obiter dicta binding on any courts?

A

No, this part of the Court’s judgement is solely persuasive

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10
Q

What are the 3 rules of statutory interpretation?

A
  1. Literal rule
  2. Golden rule
  3. Mischief rule
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11
Q

Which rule of statutory interpretation requires judges to consider the wrong that the statute was seeking to prevent?

A

Mischief

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12
Q

What are examples of delegated legislation?

A
  1. Orders in council
  2. Bye-laws
  3. Statutory instruments
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13
Q

What are extrinsic aids to statutory interpretation?

A
  1. The Hansard
  2. The dictionary
  3. The Interpretations Act
  4. Books of authority
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14
Q

What are intrinsic aids to statutory interpretation?

A
  1. Title
  2. Preamble
  3. Schedules
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15
Q

What are the types of EU law?

A
  1. Treaties
  2. Regulations
  3. Directives
  4. Decisions
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16
Q

Which type of EU law is binding on each member state without the state Parliament implementing the law?

A

Regulations

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17
Q

Which type of law is used between private individuals, where one is seeking compensation, not punishment?

A

Civil

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18
Q

Criminal law is used by the State who is enforcing the law and is seeking punishment to act as a deterrent.
Is this statement true or false?

A

True

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19
Q

Does civil law require losses to be suffered?

A

Yes.

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20
Q

What civil jurisdiction does the Magistrate court have?

A

It has limited civil jurisdiction, hearing family proceedings

21
Q

What type of criminal case is generally heard in the Crown Court?

A

Indictable offenses, where the decision is made by a jury and the sentence decided by a judge

22
Q

What court is used to appeal decisions made in the Magistrates or Crown Courts?

A

Court of Appeal

23
Q

Which court passes judgements that binds the lower courts, but not itself

A

Supreme Court

24
Q

Which division of the High Court deals with contract and tort cases?

A

Queen’s Bench Division

25
Q

Which divisional court hears appeals from the Commissioners of Inland Revenue and county courts?

A

Chancery Divisional Court

26
Q

The Family Division deals with all matrimonial matters, both first instance and on appeal.
True or false?

A

True

27
Q

Which track deals with claims that are less than £10k and there is no need for legal representation?

A

Small

28
Q

What does stare decisis mean?

A

To stand by a decision

29
Q

Can a magistrate court create precedents?

A

No

30
Q

How can a judge challenge a precedent?

A
  1. Overruling
  2. Reversing
  3. Distinguishing
31
Q

What are the stages primary legislation has to go through?

A
  1. Green Paper
  2. White Paper
  3. Parliament proceedings, done by both the House of Commons and then the House of Lords:
    a. First Reading
    b. Second Reading
    c. Committee scrutiny
    d. Report
    e. Third Reading
  4. Royal Assent
32
Q

What are the types of primary legislation?

A
  1. Public acts
  2. Private acts
  3. Enabling acts
  4. Consolidating legislation
  5. Codifying legislation
33
Q

What are the canons of statutory interpretation?

A
  1. Common law has not been altered
  2. There is no back dating of statute, i.e. it is not enforced retroactively
  3. The Crown is not bound
  4. There is no strict liability
  5. Ejusdem generis
34
Q

What canon of statutory interpretation states that if the court is provided with a specific example and the act says “and other such things”, then the things are related to the specific example?

A

Ejusdem generis

35
Q

Can a plaintiff ask for an eqiutable remedy?

A

No, common law remedies must be explored first, and, only if not deemed sufficient, can equitable remedies be used

36
Q

When is the golden rule of statutory interpretation followed?

A

When application of the literal rule gives an absurd result

37
Q

With regards to legislation, the green paper is for public consultation.
Is this statement true or false?

A

True

38
Q

When legislation is being debated in parliament, it is in its White Paper stage.
Is this statement true or false?

A

No, the White Paper is considered the proposal for legislation for it to be considered at Parliament

39
Q

What measures are used to control delegated legislation?

A
  1. The court can declare the legislation as ultra vires
  2. Parliament can revoke an enabling act
  3. Laying of the legislation before Parliament for 40 days
40
Q

The Preamble of an Act gives specific examples of how the Act should be used.
Is this statement true or false?

A

False, the Preamble puts the Act into context

41
Q

Which law prevails between common and equity?

A

Equity

42
Q

What is contained within the Interpretation Act?

A

A list of commonly used phrases in legal acts along with their legal definitions

43
Q

As it relates to interpreting legislation, what is the Hansard?

A

The Hansard is the Parliamentary journal

44
Q

Can the Crown court create precedence?

A

No

45
Q

Does consolidating legislation amend the original legislation?

A

No, it simply brings the original legislation together; codifying amends the originals

46
Q

When comparing a current case with an earlier case in order to apply the principle of judicial precedent, the similarity should be a point of fact and not necessarily a point of law.
Is this statement true or false?

A

False

47
Q

What name is given to an elected government body which makes decisions to put laws into action?

A

Executive

48
Q

What courts can hear criminal case appeals from the magistrate’s court?

A

Crown Court

Queen’s Bench Divisional Court, by way of case stated on a point of law

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