Intro to LAW

Question 1

Forms of UK Law say the two and a berif jist of what they are

Answer 1

The Common Law -built on judgments given in previous cases. Judges apply or consider previous judgments in cases covering similar points of law. this is also known as case law, and is made by judges in the course of hearing individual cases.

Statutory Law - laws that have been made by an Act of Parliament. Governments first introduce a ‘bill’ to update existing laws or develop new ones to respond to changes in society.

Question 2

Private Law

Answer 2

Private law is the section of the law that deals with disputes between individuals or organisations.

Question 3

Court Hierarchy- List the 4

Answer 3

Small claims
Fast track
Multi track
High court

Question 4

Criminal law -describe

Answer 4

Criminal law is concerned with conduct of which the state disapproves so strongly that it will punish the wrongdoer. In the UK, a criminal prosecution is usually begun in the name of the Crown (the State) through the machinery of the Police and the CPS.

Question 5

Burden of proof

Answer 5

how does this differ from civil to criminal cases.

Proven beyond all reasonable doubt

Question 6

List 3 separation of powers

Answer 6

1. The Legislature: Parliament
2. The Executive: including the Prime Minister/gov
3. Judiciary: The Courts

Question 7

Human rights act is

Answer 7

fundamental rights and freedoms to be expected by citizens

Question 8

Secondary legislation/delegated pros

Answer 8

Saves parliament time

Judicial Review– can be quashed

Flexible to change

Quick effect in hours not days

Question 9

Secondary legislation/delegated pros

Answer 9

Subject to less parliamentary scrutiny

Could be used by the government in ways which parliament had not intended e.g. in amending primary legislation

Lack of transparency

Question 10

Private law is made up of what 3 relevent to this module

Answer 10

Property
Contract
Tort

Question 11

Public law is Made up of what relevant to this module

Answer 11

Criminal law

Question 12

Main difference between civil and criminal in the terms of establishing the party at fault

Answer 12

Civil- establishes liability

Criminal - establishes guilt

Question 13

What is equity? 1400’s

Answer 13

Gives new equitable remedies and rights to people.

Question 14

List the 5 remedies

Answer 14

Damages
Injunction
Specific performance
Rescission
Reasonable payment

Question 15

Describe Damages

Answer 15

Money payable to wronged party

Question 16

Describe Injunction

Answer 16

Restrains party in

breach of contract

Question 17

Describe Specific performance

Answer 17

Requires
performance
of contractual
obligations

Question 18

Describe Rescission

Answer 18

Contract set
aside and
both parties
restored to
pre-contract
situation

Question 19

Describe reasonable payment

Answer 19

reasonable payment for
Services
completed

Question 20

Law interpretation list the rules and methods for interpretation

Answer 20

1. Literal rule – ordinary meaning
2. Golden rule – not irrational interpretation with (1)
3. Internal Aids – context, title, preamble. punctuation
4. Legislation is not retrospective
5. Strict Liability Offences: convicted even if genuinely
   ignorant of factors that made acts or omissions criminal

Question 21

Alphacell v. Woodward

Strict liability

Answer 21

The defendant doesn’t need to have had fault or negligence or intent to be found guilty.