introduction to law Flashcards
what is law
collection of rules that are enforceable
what is criminal law
between the state and an individual; maintains law and order; purpose to punish offenders and protect the public
what are examples of civil law
disputes between companies, divorce, custody, restraining orders, contract law, employment law, maternity rights
what is the purpose of civil law
to uphold rights of individuals against employers, businesses or one another
what does R mean
rex which is the prosecutor
what decides law
parliament, judges, privy council, local authorities, individual companies
who starts a civil case
the individual
who starts a criminal case
the state through cps
which courts hear civil cases
county and high courts
what courts near criminal cases
crown and magistrate courts
what is the standard of proof for a civil case
balance of probabilities (above 50%)
what is the standard of proof for criminal cases
beyond all reasonable doubt
who makes the decision in a civil case
judge (rarely jury)
who makes the decision in criminal cases
magistrates or jury
what are the possible verdicts of a civil case
liable/ not liable
what are the possible verdicts of a criminal case
guilty/ not guilty
convicted/ acquitted
what are the powers of the court in a civil case
damages, equitable remedies, injunction, rescission
what are the powers of the court in a criminal case
jailed, fined, probation, community service, curfew, discharge
what is the definition of contract
legal body that encompasses both the origination, enforcement and ultimate enactment of all legal contracts of agreements
what is the definition of tort
civil wrong by the tortfeaster that unfairly results in loss or harm to another
what is the definition of damages
any amount of money awarded by a court in order to compensate a claimant who’s suffered loss/damage as a result of a wrong for which the defendant is responsible
what is the definition of compensatory
money awarded to an injured party that compensates for damages, injury, or another incurred loss - punishes party who did the act
what is the definition of claimant
party who brings court action to make a legal complaint against someone else
what is the definition of standard of proof
amount of evidence that is necessary and needed to prove an assertion or claim in a trial in court
what is the definition of liable
responsible of answerable - legally obligated
what is the definition of contested
people involved in a case does not agree on what the outcome of the case should be
what is the definition of probate
legal right to deal with someone’s property money and possessions (their estate) when they die
what is the definition of appeal
a legal proceeding by which a case is brought before a higher court for review of the decision of a lower court
what is the definition of leapfrog
the procedure for appealing direct to the supreme court from the high court of a divisional court, bypassing the court of appeal
what is the definition of jurisdiction
the authority of power of the court to determine a dispute between parties as well as the territory over which the legal authority of a court extends
what is the definition of chancery
a court of equity that is authorised to apply principles of equity rather than principles of law to cases before it
what is a statute
an act of parliament
what are bylaws
minor laws that can be made by city councils
what is parliamentary supremacy
rule that parliament is the highest authority in the uk; can create or end any law, courts cannot overrule its legislation, no parliament can pass laws that future parliament cannot change
what is the meaning of equity
fairness
what happened during the LNER v Berriman case
mrs berriman’s husband was killed after hit by a train whilst doing maintenance work (oiling points on track); regulations said a look-out person should be provided to those working on railway for purposes of ‘relaying and repairing’; mrs berriman claimed compensation for husbands death; claim rejected due to him maintaining track at his time of death
what happened during the Hill v CCWY case
1975-1980 Sutcliffe killed 13 young women his last victim Jacqueline Hill was murdered in leeds 17 nov 1980; Sutcliffe arrested for drink driving april 1980; killed 2 more women and attacked 3 others whilst awaiting his trial; arrested jan 1981; Hill’s mum called out failings of WYP an officers’ fixation upon a message sent from the killer was a hoax; officers interviewed Sutcliffe as a suspect 9 times and were sent a letter by Trevor Birdsall (long time associate of Sutcliffe) who stated he had a fixation with prostitutes and believed he was the killer; Birdsall’s letter was ignored for months; mrs Hill’s claim for compensation was rejected for policy reasons due to a concern it would lead to more claims against the police
