Intro To Law

Question 1

Contract cases

Answer 1

Agreement between 2+ people that can be enforced by law

Question 2

What is Judicial precedent

Answer 2

The source of law where past decisions of the judges create laws for future judges to follow

Question 3

Sources of law

Answer 3

Acts of Parliament
European (EU) law
Judge made law

Question 4

Other names for judge made law

Answer 4

Caselaw
Precedent
State decisis

Question 5

Latin name for case law

Answer 5

Stare decisis

Question 6

Meaning of precedent

Answer 6

An earlier even that is regarded as a guide to be considered in similar circumstances

Question 7

How does precedent work

Answer 7

Look at written judgement in an earlier case
Work out the reason for a decision in that case
The reason for the decision is treated as a statement of law

Question 8

Reason for the decision in Latin

Answer 8

Ratio decidendi

Question 9

Ratio decidendi

Answer 9

Reason for the decision

Question 10

Meaning of liable

Answer 10

Responsible by law - court will enforce payments

Question 11

The purpose of civil cases

Answer 11

To obtain compensation San settle disputes

Question 12

The purpose of criminal cases

Answer 12

To punish and deterrence

Question 13

Who starts a civil case

Answer 13

The individual affected

Question 14

Who starts a criminal case

Answer 14

The state/government through the crown prosecution service (cps)

Question 15

Legal names for people in a civil case

Answer 15

Claimant

Defendant

Question 16

Legal names for people in a criminal case

Answer 16

Prosecution

Defendant

Question 17

Courts of first instance in civil cases

Answer 17

County court

High court

Question 18

Courts of first instance in criminal cases

Answer 18

Magistrates court

Crown court

Question 19

Appellate courts

Answer 19

Court of appeal
Supreme Court
(In civil cases can be ecj)

Question 20

Standard of proof in civil cases

Answer 20

On the balance of probabilities

Question 21

Standard of proof in criminal cases

Answer 21

Beyond reasonable doubt

Question 22

Person deciding case in civil

Answer 22

Judge (occasionally jury in defamation cases)

Question 23

Person who decides case in criminal

Answer 23

Magistrates

Judge and jury

Question 24

Terminology for civil cases

Answer 24

Liable

Question 25

Terminology for criminal cases

Answer 25

Guilty

Question 26

Powers of court in civil cases

Answer 26

Compensation (damages) Injunction Specific performance/rescission

Question 27

Powers of court in criminal cases

Answer 27

``` Punishment Imprisonment Fine Suspended sentence Community service ```

Question 28

What is a defamation case and what is it called when written down and when it's spoken

Answer 28

Get compensation for damage to reputation Libel (written down) Slander (spoken) -jury in a civil court

Question 29

Fault liability system

Answer 29

Having to prove someone is AT FAULT in order to get compensation

Question 30

No fault liability system

Answer 30

Even if the person is not at fault ur they caused it then that person will pay compensation

Question 31

Binding precedent

Answer 31

Has to be followed, can be made by more superior courts

Question 32

Persuasive precedent

Answer 32

Can influence the final ratio but does not have to be followed, can be made by courts lower in the hierarchy. The older the precedent the more binding (highly persuasive) it is

Question 33

What does Stare decisis mean

Answer 33

Fairness to abide by principles established in earlier cases

Question 34

When can a precedent be used

Answer 34

If a previous case has similar MATERIAL facts to the current case

Question 35

When can claim in Tort be used

Answer 35

When someone has not made a contract but had also not rejected a proper duty of care

Question 36

Other things said

Answer 36

Obiter dicta (dictum)

Question 37

Overruling

Answer 37

When a higher court overturns the principles (ratio) of an earlier case with similar material facts

Question 38

Reversing

Answer 38

When a higher court in the same case overturns the decision made by a less senior court

Question 39

Distinguishing

Answer 39

A method of avoiding a previous principle because you argue that the material facts in the present case are too different

Question 40

Disapproving

Answer 40

When a judge States in his judgement that he thinks an earlier principle is wrong, he can't necessarily overrule it though

Question 41

The principle sources of law in the UK

Answer 41

Acts of Parliament, case law and human rights (European court of human rights)