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Engineering Management and Law > Introduction to Law > Flashcards

Introduction to Law Flashcards

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1
Q

What is the nature of law?

A

Rules laid down by those in authority.

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2
Q

What are the 2 categories of law?

A

International
National/Domestic

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3
Q

What are the primary sources of law? (2)

A

Legislation
Case law

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4
Q

What are the 3 sources of law?

A

Executive
Legislature
Judiciary

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5
Q

Why are tribunals used?

A

Cheaper alternative to court.
Eases pressure on courts.

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6
Q

Why is the separation of the sources of law important?

A

Important in a democracy so that there is fairness.

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7
Q

What is an ABS?

A

Alternative Business Structure: Professional service provider able to give all relevant services for a particular type of transaction.

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8
Q

What is the role of a solicitor?

A

Give adivce, directly deal with client, ensure good choice of barrister, ensure all relevant people are in court.

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9
Q

What is the role of a barrister?

A

To directly address the the judge’s bench.
Consultation and advice.

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10
Q

What is the role of a judge?

A

Hear evidence, make rulings and pass sentences based on eveidence presented during the case.

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11
Q

Where are judges usually appointed from?

A

Barristers.

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12
Q

What is the role of the judiciary?

A

Adjudicate on the law.

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13
Q

Can judges be sued?

A

No, but they can be investigated prior to going to court.
Barristers and solicitors can be sued.

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14
Q

What are the factors of taking a case to court?

A

Time
Cost
Relationships (Employer, employee)

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15
Q

What is the final verdict based on in the civil justice system?

A

Probability.

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16
Q

What are examples of cases that are heard in the civil justice system?

A

Negligence, Injury, Land Dispute.

17
Q

Who brings action in the criminal justice system?

A

The state.

18
Q

What is the maximum sentence that can be handed down in magistrates court?

A

12 months (up from May 2022 from 6 months)

19
Q

What are the 6 requirements of a contract?

A

Concept of contract
Capacity to Contract
Acceptance
Intention to create legal relations.
Consideration
Compliance with required formalities (deed, written form).

20
Q

What is the objective test based on?

A

Sancity of contract.
Business practicality.
Legal Certainty

21
Q

What is the subjective test based on?

A

Freedom of contract.
Meeting of mind.

22
Q

What is a bilateral contract?

A

A contract where both parties are the promisee and the promisor.

23
Q

What is an offer?

A

An expression of willingness to contract, made with the intention that it shall be binding on the person making it as soon as it is accepted.

24
Q

What is an invitation to treat?

A

Invitation to negotiate a contract.

25
Q

What are example cases of Invitations to Treat? Win? Loss?

A

Gibson v Manchester City Council (ItT)
Storer v Manchester City Council (Offer)

26
Q

What is acceptance?

A

A final and unqualified expression of assent to the terms of an offer.

27
Q

What are the forms of acceptance?

A

Conduct
Performance
Silence

28
Q

What is the communication rule?

A

Acceptance produced + acceptance communicated = valid acceptance

29
Q

What is the postal rule?

A

Acceptance produced + acceptance posted = valid acceptance

30
Q

What are the 4 agreement problems?

A

Unilateral mistake as to terms.
Unilateral mistake as to identity.
Mutal mistake
Uncertainty

31
Q

What does fatal vagueness lead to within a case?

A

No agreement.

32
Q

Can vagueness be overcome? (With case)

A

Yes, some vagueness can be overcome.
Case: Openwork Ltd v Forte

33
Q

What must happen if no price is agreed in a contract?

A

A reasonable price must be paid.

34
Q

What does consideration require?

A

Exchange.

35
Q

What is required to vary a contract?

A

New consideration is required to vary a contract.

Engineering Management and Law (1 decks)

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