General Questions Flashcards
what does ratio decidendi mean
the rationale for the decision
has binding authority and is binding in subordinate courts
what is obiter dicta
statement made by the judge in his judgement
has no binding authority, is just an opinion
what is included in public law
constitutional law
administrative law
criminal law
what does constitutional law do
maintains governance
what does administrative law do
creates a legal relationship between citizens and the state
what is included in private law
contract
tort
trusts
property
family succession
what are trusts
legal title to a property is entrusted to someone else who would therefore have a duty of care towards it
what is the highest level of court in the uk
supreme court
what is below the uk supreme court
courts of appeal (civil division and criminal division)
what is below the civil division of the court of appeal
the high court then the county court
what is below the criminal division of the court of appeal
the crown court then the magistrates court
what does the high court deal with
administrative, family and chancery divisions
which are the public courts
magistrates, crown, appeal (criminal) and supreme
which are the private courts
county, high, appeal (civil) and supreme
contingency fee for pi claims
25%
contingency fee for employment cases
35%
contingency fee for cases that aren’t pi or employment
50%
corporate legal entities
corporations
trade unions
the crown
what are trade unions
unincorporated associations
what is a partnership
no corporate existence
accounts kept private
new partners appointed by agreement
unlimited liability of partners
what is a ltd company
separate legal status from members
accounts made public
liability limited to share value/guarantees
difference between tort and contract
tort is liability under general law
contract is liability by agreement
Two property insurance policies cover the same loss but the policy terms and conditions differ. Following a claim, which method of calculating contribution is most likely to be used?
the independent liability method
The basis of burden of proof that a named insured peril was the proximate cause of the loss falls upon the
policyholder to prove on the balance of probabilities
