Law CBE Flashcards
What is the Common Law
Common justice in the UK. Automatic Remedies applied
What is Equity Law
Law to impose a fair / just solution when common law is unfair
What is the classification of law and the definitions?
Substantive Law - law of legal rights/duties
Adjective Law - law of legal proceedings
Public Law - defines constitution and functions of the crown
Public - law concerning relationship between private persons
What is a juristic persons
A juristic person refers to not humans but rather an entity which only exists in law i.e a company
Name the organs of the government
Crown - formulates policies
Parlimant - translates crown policies to law
Judicary - adjucates law in court
Name the features of the UK constitution
Monarchial
Uncodified
Flexible
Unitary
Dualist
What provides grounds for judiciary review
Illegality
Irrationality
Procedural impropriety
If a judicial review is successful what are the 3 possible outcomes
Quashing order - when the decision made by HMRC is void
Mandatory order - compels HMRC to take action
Prohibition order - when HMRC is forbidden from making decision that would lead to quashing
What are examples of primary legislation
Parliament and Privy council (select number of Mps)
What are examples of secondary legislation/legislators
Privy Council
Ministers of the crown
Government
Local government
public bodies
Name the types of acts
Declatory act - new laws made
amending act - laws amended
Enabling
Consolidation
Rewrite
Codification
Name the stages of enabling an act
White hall stage
Westminster stage
1st reading
2nd reading
comittee stage
report stage
third reading
What is meant by pervasive precendent
When a court decision was not binding, but influence may have been made from other cases
What is Ratio Decendi
binding principles which lower courts must follow
Obiter Dicta
Non binding principles, i.e statements made in passing
Minority judgements
Judgements made by not the majority of judges on cases
What is meant by a tort?
A tort refers to making a claim against someone else who has done a wrong doing. I.e professional negligence can result in a tort
What is meant by Choses in action
intanglible property that can be owned i.e rights
What is meant by Choses in possession
tangible moveable objects owned
Realty? or Chattels realty? and Personalty?
This only refers to leasehold land. Anything else is Personalty
How long does a Patent, trademark and copyright last?
20 years, 10 years and 70 years from death.
Name the types of legacies
Specific legacy - gift of specific items
General legacy - gift of general not specified items
Pecuniary legacy - gift of monies
Residual legacy - after liabilities paid, residual assets
What is an express private trusts and what types are there
This refers to trusts made in a persons lifetime
I.e Bare trusts, discretionary and Interest in possesion
What is a bare trust
When a trust is set up, trustee has no instructions they simply hold onto the the assets as a trustee
What is an interest in posession
This refers to when beneficiaries can immediately benefit from a trust
What is a discretionary trust
WHen beneficiaries are named but the beneficiaries cannot benefit from the trusdt untill death or something
Certainty of object means what?
Certainty of object is when the beneficiaries need to be stated who wil inherit
Certainty of subject matter means what?
When the actual asset is specified
What is meant by fixed asset charges?
Securities over specific assets to secure loan
What is a floating charge
Securities over a pool of assets nothing specific, these materialise if an asset is sold / crystalises
What is meant by a preferential creditor
These are creditors which are priotised in the event of a business closing.
I.e employees , fixed asset charges, floating charges
HMRC are not a prefertial creditor
