Introduction to Law Flashcards
What is the nature of law?
Rules laid down by those in authority.
What are the 2 categories of law?
International
National/Domestic
What are the primary sources of law? (2)
Legislation
Case law
What are the 3 sources of law?
Executive
Legislature
Judiciary
Why are tribunals used?
Cheaper alternative to court.
Eases pressure on courts.
Why is the separation of the sources of law important?
Important in a democracy so that there is fairness.
What is an ABS?
Alternative Business Structure: Professional service provider able to give all relevant services for a particular type of transaction.
What is the role of a solicitor?
Give adivce, directly deal with client, ensure good choice of barrister, ensure all relevant people are in court.
What is the role of a barrister?
To directly address the the judge’s bench.
Consultation and advice.
What is the role of a judge?
Hear evidence, make rulings and pass sentences based on eveidence presented during the case.
Where are judges usually appointed from?
Barristers.
What is the role of the judiciary?
Adjudicate on the law.
Can judges be sued?
No, but they can be investigated prior to going to court.
Barristers and solicitors can be sued.
What are the factors of taking a case to court?
Time
Cost
Relationships (Employer, employee)
What is the final verdict based on in the civil justice system?
Probability.
What are examples of cases that are heard in the civil justice system?
Negligence, Injury, Land Dispute.
Who brings action in the criminal justice system?
The state.
What is the maximum sentence that can be handed down in magistrates court?
12 months (up from May 2022 from 6 months)
What are the 6 requirements of a contract?
Concept of contract
Capacity to Contract
Acceptance
Intention to create legal relations.
Consideration
Compliance with required formalities (deed, written form).
What is the objective test based on?
Sancity of contract.
Business practicality.
Legal Certainty
What is the subjective test based on?
Freedom of contract.
Meeting of mind.
What is a bilateral contract?
A contract where both parties are the promisee and the promisor.
What is an offer?
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.
What is an invitation to treat?
Invitation to negotiate a contract.
What are example cases of Invitations to Treat? Win? Loss?
Gibson v Manchester City Council (ItT)
Storer v Manchester City Council (Offer)
What is acceptance?
A final and unqualified expression of assent to the terms of an offer.
What are the forms of acceptance?
Conduct
Performance
Silence
What is the communication rule?
Acceptance produced + acceptance communicated = valid acceptance
What is the postal rule?
Acceptance produced + acceptance posted = valid acceptance
What are the 4 agreement problems?
Unilateral mistake as to terms.
Unilateral mistake as to identity.
Mutal mistake
Uncertainty
What does fatal vagueness lead to within a case?
No agreement.
Can vagueness be overcome? (With case)
Yes, some vagueness can be overcome.
Case: Openwork Ltd v Forte
What must happen if no price is agreed in a contract?
A reasonable price must be paid.
What does consideration require?
Exchange.
What is required to vary a contract?
New consideration is required to vary a contract.
