General

Question 1

Principal sources of Law

Answer 1

Parliament
&
decisions of Judges in Courts of Law

Question 2

Legal systems

Answer 2

Criminal & Civil

Question 3

Criminal courts deal with …

Answer 3

Disputes between the state and an individual

Question 4

Civil courts deal with …

Answer 4

Disputes between 2 individuals

Question 5

‘common law’ or ‘case law’

Answer 5

Decisions made by judges in the courts which may have evolved over time

Question 6

‘Doctrine of precedent’

Answer 6

Consistency and predictability are assured by prior decisions of the courts on similar matters establishing precedent. Principles determined in a court will normally be binding to judges in an inferior court

Question 7

Proof in a criminal case must be…

Answer 7

Beyond reasonable doubt- the jury ‘must be satisfied so that they are sure’

Question 8

Proof in a civil case must be…

Answer 8

On the balance of probabilities-the facts asserted are more probable than not to accept them

Question 9

Professional witness

Answer 9

Doctor gives factual medical evidence

Question 10

Expert witness

Answer 10

Doctor gives an opinion about medical facts eg give an impartial and unbiased assessment or interpretation of the evidence they have been asked to consider- an expert witness is allowed to sit in court to listen to the other witnesses of fact

Question 11

Duties of an expert witness

Answer 11

Duty is to the court and any opinion expressed must not be influenced by the person who requested it, or by whoever is funding it, but must be impartial, taking into account all the evidence , supporting it where possible with established scientific or medical research, and experts should revise the opinion if further or changed evidence becomes available.

Question 12

Confidentiality may not apply

Answer 12

1. if required by law
2. if the patient consents - implicitly or expressly
3. if justified in the public interest
4. if reporting concerns about driving abilities
5. reproting gunshot and knifewounds
6. if reporting serious ciommunicable diseases
7. reporting in relation to insurance or employment purposes

Question 13

causation

Answer 13

the cause is substantial and significant (i.e. it is sufficient to have caused death) and that the outcome would not have occurred ‘but for’ the occurance of the illness, disease or alleged action

Question 14

Statute Law

Answer 14

decided by Parliament and takes precedence over common law

Question 15

supreme legal authority in UK

Answer 15

Parliament, however supremacy affected by enrance into EU with European law taking precendence over British Acts of parliament

Question 16

main sources of law in UK

Answer 16

Parliament
EU
case law adjudicated by the courts

Question 17

ECJ

Answer 17

European Courts of Justice
Luxembourgh
ECJ is final authority on european Law throughout member states, its deciaions take presedence over national law. where national law is found to be in conflict with European law, the former must be changed

Question 18

ECHR

Answer 18

European Courts of Human Rights
Strasbourgh
Adjudicates on European Convention on Human Rights

Question 19

‘stare decisis’

Answer 19

‘let the decision stand’

Question 20

ratio decidendi

Answer 20

the reason for deciding
explanation of legal principles applied
the part of the judgement creating the binding precedent

Question 21

obiter dicta

Answer 21

things said by the way

may influence other courts, so being persuasive, but is not binding

Question 22

legal framework for expert witnesses

Answer 22

Civil Procedures Rules Rule 35
Code of Guidance on Expert Evidence
Criminal procedure Rules Rule 33