Introduction to Law Flashcards
Define Law
Body of rules aimed at regulating behaviour
What are the characteristics of English lawe
Judges may make law uncodified continuity Adversial triall system Binding Precedent
Disadvantages of the common law courts
limited types of claim
only remedy was payment of damages
rigid procedure and rules of evidence
Disadvantages of the court of chancery
became known for the problems it was supposed to fix for example expensive and time(high delays)
wasn’t bound by law could make any ruling
what is the difference between public and private law
public law relationship between individual and state
private law rights and duties between individuals
what are 3 sections of public law
constitutional law
administrative
criminal law
what are the courts of first instance
county court
high court
magistrates court
crown court
which courts hear cases on appeal
crown court
high court
court of appeal
supreme court
what is the president of all courts called
lord chief justice
what is the name for the head of the civil division
master of the rolls
what is a triable offence
can be heard in either the magistrates court or the crown court
what are the three divisions of high court
chancery
queens beach
family
what is the court of justice of the European union
one judge from each member state to ensure EU law interpreted correctly and implied in the same way if unclear ECJ can intemperate
what is the European courts of human rights
sit as independent judges not representative of each country, ensure states who’ve signed and adhere to international treaty obligations
name some alternatives to litigation
arbitration
mediation
conciliation
how do laws come into existence
custom
european law
case law
legislation
what is the difference between primary and secondary legislation
primary - made by parliament direct
secondary - delegated by parliament to particular bodies
what is an act that passes through parliament called
A Bill
what is the process of a bill
either house of common or house of lord then royal assent
what is the literal rule
+ name the case if you can BONUS ( can pick from list)
to take words at their face value no ambiguity and clear meaning
Explain Fisher v Bell 1960 case
shopkeeper displayed flick knife in window offering for sale an offensive weapon –> not guilty displaying goods is an invitation to treat
Example of literal rule
What is the golden rule
Modify literal meaning to avoid any ambiguity
Explain Adler v George 1964
CND demonstrator charged vincity in prohibited area claimed to not be near area but in it. –> dismiss as produces absurd results interperated to mean in area too
Example of golden rule
what is the mischief rule
look at what the statue is supposed to prevent
Explain Corkery v Carpernter 1950
offence drunk in charge of vehicle but claimed wasn’t vehicle but was a bile –> statue put in place to prevent drunk people in charge of vehicles
Example of mischief rule
what is the contextual rule
in order to look at within the context of a statue as a whole
what is the purposeful approach
interoperate meaning by looking beyond words to determine general purpose
Difference between intrinsic and extrinsic aids
intrinsic part of the statue itself
extrinsic not part of the statue found outside
examples of extrinsic aids
interpretation act 1978
reports of law commission
parliamentary reports
examples judicial presumptions
applies to whole UK not breach of any UKs interantional agreements not repeal acts of parliament not repeal acts of pariment not impose strict liability not operate retrospectively not change common law
Explain sweet v parsley 1969
claimant let out house police raided house and found cannabis charged with management of premises –> not guilty as no intention
example judicial presumption doesn’t impose strict liability
factors to consider for binding precedent
position of court in hierachy
facts or points of law come within the scope
what does ratio decdendi mean
legal reasons vital to a judges decisions
what is obiter dicta mean
comments on law not strictly relevant
advantages and disadvantages of case law
adv: certainty, speed, flexibility
disadvantages: rigidity, undemocratic, haphazard developments of law
what is tort
a species of civil injury or wrong
provides remedies to claimants whove suffered harm loss or rights infringed
brought up br private individuals seeking compensation or injunction
factors of tort
brought by private individuals not found guilty but liable relationships of individuals burden of proof- balance probabilities penalty money as compensation
what is negligence
the law of accidents
defendant at fault because of harm caused by claimants
comes from common law judge made law using precedent
elements of negligence to prove
- owed a duty of care to claimant from defendant
- defendant breached duty of care
- claimant suffered damage as a result of defendants breach
what is a duty of care
duty to act reasonably
owed to the people around us and who were connected to us
example employee and employer
Explain Donoghue v Stevenson 1932
Claimant poured out the remaining of her ginger beer out onto her ice cream and a snail fell out from this she suffering pain + shock so sued manufacturer for duty of care to ultimate customer - defendant was liable got 500£ in damages
factor of the neighbour principle
- reasonable foreseeability
2. proximity
What are the stages for Caparo and Dickman test?
- three stage test for duty of care
1. reasonable foreseeable defendants negligence cause harm/loss to claimant
2. sufficient relationship proximity between claimant and defendant
3. Fair, just and reasonable
Explain Home Office v Dorset Yacht 1970
training excise where students stole yacht which collided with claimants yacht which they then boarded and damaged –> reasonably foreseeable as officers in charge of students were negligent
Example caparo and dickman 3 stage test reasonable foreseeability
Explain Evans v Triplex Safety glass 1936
claimant fitted screen in car which shattered when driving and injured the claimant –> lack of proximity time wise as this happened a year after purchase
Example Caparo v Dickman 3 stage test sufficient relationship proximity between claimant and defendant
what is standard of care
must act with degree of care + skill from reasonable men in defendants position
Factors to consider for standard of care
age
physical disabilities
acting in an emergency
special skills or competance
Factors not to consider about standard of care
mental characteristics
intoxication
inexperience
Explain Bolam v Friern Hospital management committee 1957
claimant mentally ill patient doctor give muscle relaxant for which there was a divided opinion to do so for claimants fractured pelvis –> not negligent merely a body pf contrary opinions
what is the Bolam test
doctor reaches standard of a responsible body of a medical opinion he’s not negligent
a reasonable man not perfect man
Explain Bolton v Stone 1951
Batsman hit cricket ball over a 17ft fence, which hit claimant in street this has only happened 6 times in 40 years so –> no breach as took correct precautions as risk is slight
what does reps ipsa loquitur mean
defendant must prove he didn’t breach the duty of care
explain ward v Tesco stores 1976
claimant slipped on yoghurt In isle which hadn’t been cleaned up –> defendant failed to give explanation so
Exmaple res iPsa loquitur
when is res ipsa loquiter used
exact cause can’t be determined damages not occurred without negligence defendant in control which causes damage \+conditions can’t determine cause damages caused by negligence defendant in control of situation
what is causation in fact and causation in law
causation in law defendant caused claimants loss/damage
causation in fact claimants loss/damage type reasonably foreseeable
what is the but for test
casual link/ chain of causation
must prove defendants negligence caused injury/loss
Explain Barnett v Chelsea & Kensington HMC 1969
Clamiant went to hospital feeling ill they checked him and sent him home where he passed later found out it was due to injection of poison–> doctor not negligent as would’ve died either way
example but for test
what are the causation scenarios
concurrent
consecutive
multiple
intervening acts- nous actus interveniens
Explain Fitzgerald v lane 1988
3 party car crash D1+D2 hit claimant both were negligent however unknown who caused so–> both liable
example concurrent scenario cause
explain performance cards ltd v Abraham 1962
D1 hit claimants car and chipped the pain claimant then got into another accident whereby D2 hit same area in which –> D2 not liable as already needed repairing, D1 liable
example consecutive scenario cause
Explain Wilsher v Essex area health authority 1988
claimant born 3 months premature oxygen needed to be given she was given a dose too much and suffered visual impairment –>not liable no clear chain of causation to prove link
what is the wagon mound test and give case
reasonable foreseeability 1. kind/type of damage 2.manner of infliction of damage 3.extent of damage defendant leaked oil into area where it sparked a flame from claimants welding, this caused damage to claimants property. --> not liable damages were too remote
what is the exception to the wagon mound test
Egg shell skul rule
what is the egg shell skull rule
claimant has particular weakness makes susceptible type of harm not reasonably foreseeable SO defendant liable
- PHYSICAL CONDITIONS
- MENTAL HEALTH CONDITIONS
- FINANCIAL VULNERABILITY
explain smith v leech brain 1962
claimant worked in area where molten metal hit his lip, this triggered pre cancerous cells and caused his death –> liable normal person wouldn’t have suffered harm
example egg shell skull rule
what is the limitations act 1980
personal injury claims - 3 years from date of injury/knowledge
defective goods - 3 years from date claimant known about defect
other claims - 6 years from date of loss
for children - 18+ before prosecuted
what is contributory negligence
when damages payable are reduced as claimant failed to take reasonable care for own safety aggregating damages
Explain sayers v Harlow UDC 1958
claimant trapped in public toilet, failed to call for anyone for help, so attempted to get out by climbing upwards slipped and fell–> defendant liable but claiment contributed to accident reducing 25%
what is consent violent non fit injuria
no wrong done to he who consents but must
- understand risk (knowledge alone isn’t consent)
- freely and voluntarily agree to consequences of risk
What is Smith v Baker 1891
claimant worked in quarry where he saw cranes etc and risks however a stone fell on him and suffered from this –> cliamnet liable as knowledge if risk wasn’t consent
example consent violent non fit injuria
what does illegality/ ex turpi cause non orator actio mean
from a bad cause no rush of actions occur
Explain Joyce v O’Brien 2013
in the mids of stealing ladder a claiment was hit by his partner in crime causing himself to be hurt –> not liable as illegality/ ex turpi cause non orator acti
what is vicarious liability
legal liability for acts committed by another due to social relationship between them and wrong doer
establishing:
employee relationship
acting in course of employment
explain spartan steel v Martin 1973
defendant negligently drowse shovel through cable supplying power to cliaments factory causing 14hour power cut –> pure economic loss unrecoverable, physical damage was thoug
explain Caporo v Dickman 3 stage test
- reasonable foreseeability
- proximity
- fairness
+ special relationship
explain yianni v Edwin Evans 1981
claimants brought property related on surveyors opinion to give price ideas after bought realised it needed 18K repairs –>liable as negligent misstatement
what is the difference between a primary and secondary victim
primary victim - under actual threat of bodily harm, reasonably believed themselves
secondary victim - person who suffer psychiatric injury not because directly involved but feared for someone else life
explain dulieu v white 1901
defendant drove hose through window of bar where claimant worked she was pregnant and suffered from fear of miscarriage safety for life and nervous shock –> ;liable as real and immediate fear
what is the rules of rescuers in regards to primary or secondary victims
only primary victims if they reasonably believe themselves to be in danger of physical injury
explain bourhill v young 1943
pregnant claimant heard serious motorbike accident and saw blood her child was still born - claimant failed not in physical danger + injuries not foreseeable
explain Alcock v chief constable of south Yorkshire 1991
claim against 96 killed and hundreds injured in disaster, –> 2 people failed for lack of close ties + claim failed for those who watched not tv
what is Alcock criteria
- close ties of love + affection between claimant + primary victims
- sufficently proximate to accident in time and space
- suffer medically recognised psychiatric illness from sudden + immediate attack
