Brainscape's Knowledge GenomeTM

Browse over 1 million classes created by top students, professors, publishers, and experts.


See full index

Applied Law - Unit 1 > law test - 1 feb > Flashcards

law test - 1 feb Flashcards

You may prefer our related Brainscape-certified flashcards:
Civil Procedure 1L flashcards MBE flashcards MPRE flashcards
1
Q

what is a claimant?

A

a claimant refers to the person or organisation complaining that they have suffered loss or damage

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

what is a defendant?

A

a defendant refers to the person alleged to have caused the loss or damage

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

What is the law of tort?

A

the law of tort refers to a part of civil law dealing with civil wrongs, such as negligence and nuisance

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

what is contract law?

A

contract law refers to a part of civil law protecting people and businesses who have made agreements

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

what is compensation?

A

compensation refers to a sum of money paid to someone (a claimant) who has successfully brought a case against someone else (a defendant).

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

what is the purpose?

A

The purpose is if a civil wrong is committed and the party at fault is found to be liable, the purpose of the case is to find a solution or remedy

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

what is outcomes and remedies?

A

Outcomes and remedies is the outcome for the injured party which is usually compensation or where compensation is insufficient, a court order such as an injunction would be used to stop the defendant continuing the activity.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

what is taking the case to court?

A

Taking the case to court means the decision to take the matter to court is made by the individual who wishes to make a claim that cannot be settled in any other way such as by negotiation

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

What does parties to an action refer to?

A

Parties to an action refers to the two sides in a civil action which consist of the claimant (who is making a complaint against the other party to show that they are liable for injury, damage or death) and the defendant (who will argue that they are not at fault)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

What is the standard of proof?

A

The standard of proof is used during a civil case, where the decision is made on a ‘balance of probabilities’. In other words, to make a decision against the defendant the judge has to be over 50% sure that they are liable

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

What is case names for current and past cases?

A

Civil cases are referred to by the surname or business name of the claimant and that of the defendant - for example, Paris v Stepney Borough Council (1951)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

What is terminology?

A

Terminology is words such as ‘sue’, ‘liable’, ‘not liable’, and remedies relate to civil law

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

What is the courts (role for parties) ?

A

If the parties cannot agree to an out-of-court settlement, a trial will take place in either the county court or the high court

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

State examples of areas of civil law

A

Areas of civil law include negligence in the law of tort and contract law

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

What is Negligence?

A

Negligence is a failure to act or acting in a way not expected of a reasonable person.

  • a breach of someone’s duty of care which causes loss or a damage
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

What is balance of probabilities?

A

The balance of probabilities is the standard of proof in civil cases that means the judge must be more than 50% sure that the defendant is liable

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
17
Q

What is burden of proof?

A

The burden of proof in civil cases means that the claimant must prove their case on the balance of probabilities

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
18
Q

What is the courts of first instance?

A

The courts of first instance are the courts that hear the initial trials of cases (either the country court or the high court)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
19
Q

What is the doctrine of precedent?

A

The doctrine of precedent is that once a point of law has been decided in a particular case, the statement of the law must be applied in all future cases containing the same material facts

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
20
Q

What is a district judge?

A

A district judge is a full-time judge who deals with the majority of cases in the county courts.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
21
Q

what is a circuit judge?

A

A circuit judge is a judge that is a more senior judge to a district judge

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
22
Q

what is a recorder?

A

A recorder is a judge who may sit in both crown and county courts, but most start by sitting in the crown court. The appointment is part-time with perhaps for 20-30 days per year and is the first step on the ladder of judicial appointments

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
23
Q

What is the sit?

A

Sit refers to holding a session at court or to perform an act that is judicial in nature

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
24
Q

what is insolvency?

A

insolvency refers to when an individual or business cannot pay its debts. it is usually accompanied by having more liabilities than assets.

25
Q

What is the appellate courts?

A

The appellate courts refer to courts that hear appeals from first-instance decisions

26
Q

what is the judicial precedent?

A

the judicial precedent refers to the system whereby a judge must follow the decisions made in previous cases where the facts are the same as those in the present case

27
Q

what is the costs?

A

the costs refer to the expenses of the winning party that are usually ordered to be paid by the losing party

28
Q

what is an arbitrator?

A

arbitrators refer to an impartial person who makes a decision on a dispute by means of arbitration. This is an alternative to a court hearing to settle a dispute

29
Q

what is arbitration?

A

arbitration refers to a service that provides an impartial referee to settle disputes

30
Q

what is conciliation?

A

conciliation refers to the process where an impartial expert (known as a conciliator) encourages the two sides to come to an agreement between themselves

31
Q

what is mediation?

A

mediation refers to a process that focuses on working on the relationship between the parties involved

32
Q

what is negotiation?

A

negotiation refers to a direct discussion between two disputing parties, with the aim of finding a solution

33
Q

what is an ombudsman?

A

an ombudsman is a person who investigates complaints about organisations

34
Q

what is an adversarial process?

A

adversarial process is a process of setting out two conflicting positions for judgement

35
Q

what is a solicitor?

A

A solicitor is a member of the legal profession regulated by the law society who is qualified to deal with all legal matters. A solicitor may also instruct barriers and represent clients in some courts.

36
Q

what is a barrister?

A

A barrister is a member of the legal profession regulated by the bar council. Barristers specialise in particular areas of law and act as advocates, draft court and legal documents and are sources of advice.

37
Q

state advantages of going to court

A
  • the process is fair
  • the trial is conducted by a legal expert
  • enforcement of the court’s decision is easier
  • there is an appeal process
  • it may be possible to get legal aid
38
Q

state disadvantages of going to court

A
  • expensive
  • slow
  • complicated
  • uncertain
39
Q

why is the judges decision important?

A

The judges decision is important because the decision has to be enforced by the law

40
Q

what are the courts involved in a civil trial?

A

county court and high court

41
Q

explain the track system with the claims

A

the track system

42
Q

why might the court process be worrying for the claimant and/or defendant?

A

the trial process may be quite worrying for the people involved, as the court and legal process is not a place with which many people are familiar with

43
Q

what are the division of the high court?

A

the high courts divisions are split into the queen’s bench division, chancery division and family division.

44
Q

who sits in civil courtrooms?

A
  • court clerk
  • judge
  • claimant
  • defendant
  • defendant’s solicitor or barrister
  • claimant’s solicitor or barrister
45
Q

what is the judges main role before, during and after the trial?

A

before trying a civil case, the judge reads the relevant case papers and becomes familar with their details. Judges also manage the civil cases (case management) once they have started to ensure they proceed as quickly and efficently as possible

during the trial, the judge keeps control in the court and make sure that witnesses are cross-examined to ensure that their evidence is reliable as possible. The judge may also ask for more explanation and questions if needed and decides on all matters of procedure that arise during a hearing

Lastly, the judge is to deicde on the appropiate outcome and to agree to the precise terms of any wording of any order made.

After the judgement has been made and any order agreed, the judge must deal with the matter of costs and ensure the amount claimed for the costs is fair.

46
Q

what is adr?

A

Alternative dispute resolution (ADR) refers to ways of resolving disputes that do not involve going to court. ADR has been encouraged by the government for many years,as it is cheaper, simpler and more easily accessed by the general public. Businesses have also been encouraged to use ADR for the additional reason that disputes are resolved in private as businesses want to avoid bad publicity or allegations about their poor service, goods or treatment of their employees.

47
Q

state types of ADR

A
  • arbitration
  • mediation
  • concillation
  • ombudsmen
  • negotiation
  • tribunals
48
Q

advantages and disadvantages of solving disputes in the court

A

ADVANTAGES:

  • the process is fair
  • the trial is conducted by a legal expert
  • enforcement of the court’s decision is easier
  • there is an appeal process
  • it may be possible to get legal aid

DISADVANTAGES:

  • expensive
  • slow
  • complicated
  • uncertain
49
Q

advantages and disadvantages of using ADR rather than going to court

A

ADVANTAGES:

  • quicker and cheaper, as many ADR procedures do not need legal representation. ADR also attracts less publicity.
  • ADR procedures is less formal than in courts and less complicated, leading to a less stressful experience for the parties
  • ADR schemes are carried out by people with specialist knowledge, related to the area of dispute
  • ADR aims to provide a solution that keeps both parties satisified,

DISADVANTAGES:

  • there can be a lack of legal expertise
  • there is a lack of certainty, as each case is settled on its own merits
  • decisions can be difficult to enforce
  • the dispute may still end up being resolved in court.
50
Q

advantages of using ADR rather than going to court

A

ADVANTAGES:

  • quicker and cheaper, as many ADR procedures do not need legal representation. ADR also attracts less publicity.
  • ADR procedures is less formal than in courts and less complicated, leading to a less stressful experience for the parties
  • ADR schemes are carried out by people with specialist knowledge, related to the area of dispute
  • ADR aims to provide a solution that keeps both parties satisified,
51
Q

disadvantages of using ADR rather than going to court

A

DISADVANTAGES:

  • there can be a lack of legal expertise
  • there is a lack of certainty, as each case is settled on its own merits
  • decisions can be difficult to enforce
  • the dispute may still end up being resolved in court.
52
Q

state the type of sources of funding

A
  • solicitors
  • barristers
  • citizens advice bureau
  • law centres
  • insurance companies
  • the internet
53
Q

define cab rank rule

A

cab rank rule refers to if a barrister is avaliable for a case and has no conflict of interest, they are required to take on the case

54
Q

define pro bono

A

pro bono refers means “for the good of the public” It involves lawyers and law students giving up their time on a voluntary basis for people who need legal assistance, but aren’t in a position to get the necessary support.

55
Q

define litigation

A

the process of taking a case to the court of law so that a judgement can be made

56
Q

define asset

A

something of valued owned by someone

57
Q

explain own resources as a source of funding

A

own resources refers to when someone can pay their own legal fees, then they are able to choose the best legal service for their needs, providing flexiblity and benefits.

  • the person can choose who much they want to pay in total
  • the person can negotiate a fee with a lawyer
  • the lawyer will charge based on a hourly rate multipled by the amount of time spent on the case
  • if a person wins the case they can often recover the amount of the costs, they have paid out in addition to the compensation
58
Q

What is an insurer?

A

Legal expenses insurance us designed to cover the costs of legal advice and/or the costs of bringing or defending a court case. Where it is linked to a car insurance policy, it usually only covers legal expenses in negligence cases as a result of using the car.

When someone’s household insurance policy, the legal work covered included taking or defending legal proceedings arising from a number of different areas:

  • claims arising from ownership of the insured home
  • employment
  • death
  • personal injuries
  • personal contacts for the purchase of goods or services
59
Q

explain insurance policies

A

insurance policies allow individuals to take out insurance which covers legal fees. However, any insurance policy will contain much small print that should be read and understood as this may limit or exclude the cover avaliable for legal fees.

Applied Law - Unit 1 (4 decks)

Brainscape helps you reach your goals faster, through stronger study habits.
© 2024 Bold Learning Solutions. Terms and Conditions