Legal system and Law

Question 1

Why do we need to know about the legal system and legislation?

Answer 1

• As outlined in S6 – carry out work with regard to professional and technical standards
• Professionals are obliged to have a sound working knowledge of the law in every aspect of the services they provide - to advise client / know when legal advice is required.
• Ignorance is no excuse.

Question 2

How does the law differ between countries in the UK?

Answer 2

UK has 3 legal jurisdictions

• England and Wales – English law
• Northern Irish law - based on English Law
• Scots law – own courts and own traditions = entirely different

Question 3

What is the UK court structure?

Answer 3

CRIMINAL DIV = Magistrates court > Crown court

CIVIL DIV = County Court > High court

Both feed into….
Court of Appeal > UK Supreme court > European Court of justice

Question 4

Sources of the Law?

Answer 4

NI:
STATUTE LAW = written = legislation
- primary legislation (acts) - HASAW Act
- subordinate legislation (Regs, Orders) CDM Regs

COMMON LAW = unwritten = case law
(e.g. Rylands v Fletcher reservoir)

As a member of the EU the UK has had to implement European directives through UK law.

Question 5

Explain the difference between criminal and civil law

Answer 5

Branches of the Law

CRIMINAL
– limits people’s behaviour
– state punishes wrongful/harmful acts
– e.g. Damage to protected wildlife – badgers £5,000 fine & 6 months in prison.

CIVIL
– rights duties and obligation to each other
– determines liabilities between parties – remedy not punishment
– e.g. contract, tort, insurance and copyright – client not paying fees

Question 6

Most relevant areas of civil law to LA

Answer 6

Contract and Tort

Question 7

What branch of the law does a contract come under?

What is a contract?

Answer 7

• Civil law
• agreement between parties
• can be legally enforced if breached
• common to L. Arch.
  o services contracts with client
  o partnership contract
  o employment contracts

Question 8

What makes a contract valid?

Answer 8

• Intention
• consideration
• Agreement (offer & acceptance)

Question 9

How is a contract discharged?

Answer 9

o Agreement / performance
o Breach / frustration
o Stipulation / time / terms

Question 10

What’s a standard term contract and what’s the benefit?

Answer 10

Standard Term Contracts = established, tried and tested – LCA, NEC PSC, NEC ECC, JCLI

Question 11

What is Tort?

Answer 11

Applies in the absence of a contract

To be found guilty in tort…

• Infringement of a right
• Loss recognised in law
• Remedy the courts can deliver

eg negligence

Question 12

Name all the Torts relevant to a L. Arch.

Answer 12

1. Negligence
2. Nuisance
3. Defamation (Libel / Slander
4. Trespass & strict liability
5. Vicarious liability