M05 Law and legal systems Chapter 1 Lists

Question 1

Three types of public law

Answer 1

constitutional criminal administrative

Question 2

Six types of private law

Answer 2

torts contract family property trusts succession

Question 3

7 characteristics of English law

Answer 3

• age and continuity; • little codification; • judge-made law; • independence of the judiciary; • adversarial system; • no written constitution; and • rule of law.

Question 4

Two main sources of new law

Answer 4

legislation • judicial precedent (or case law).

Question 5

Two minor sources of law

Answer 5

local custom • legal books and treatises.

Question 6

Three types of delegated legislation

Answer 6

Statutory instruments Orders in council Bye laws

Question 7

Civil courts

Answer 7

Count courts High Court Court of Appeal (civil) Supreme court

Question 8

Criminal courts

Answer 8

Magistrates Courts Crown Court High Court Court of Appeal (criminal) Supreme court

Question 9

Three elements of ratio decidendi

Answer 9

Material facts of case Decision of judges Reasons for decision

Question 10

Advantages of a system of precedent

Answer 10

Certainty Possibility of development and growth Flexibility Wealth of practical rulings

Question 11

Disadvantages of a system of precedent

Answer 11

Not easy to change Bulk and complexity Can be slow Obscure decisions

Question 12

Four main EU institi=utions in order of legislative power

Answer 12

Council Commission European Parliament Court of Justice

Question 13

Mains sources of EU law

Answer 13

Treaties – especially the Treaty of Rome; • regulations; • directives; • decisions; • recommendations; and • opinions.

Question 14

Three civil procedure claims tracks

Answer 14

Small claims up to £10,000 except personal injury £1,000 Fast track up to £25,000 Multi track £25,000 plus

Question 15

5 legal rights lost by bankrupts

Answer 15

• sitting in either House of Parliament; • becoming a member of a local council; • acting as a magistrate; • acting as a company director; and • obtaining credit over a certain amount.

Question 16

Three types of corporation aggregate

Answer 16

Chartered corporations Statutory corporations Registered corporations under Companies Act

Question 17

Three parts of Parliament

Answer 17

1. House of Commons
2. House of Lords
3. the Monarch

Question 18

Five aspects a minor can not do

Answer 18

Not all contracts are legally binding on a minor

Own a house outright

Litigate except through next friend

Question 19

Three examples of special damages which must be proven

Answer 19

1. Loss of earnings
2. Damage to clothing
3. Medical expenses

Question 20

Four persuasive precedents

Answer 20

1. Decisions made in lower courts or courts of equal standing.
2. Decisions of courts outside the English system (e.g. Judicial Committee of the Privy Council, Irish, Scottish, Commonwealth and United States Courts).
3. Obiter dicta (especially of senior judges in high-level decisions).
4. Textbooks, learned treaties and the law of other jurisdictions (e.g. Roman law)

Question 21

Binding precedents

Answer 21

1. Ratio decidendi of higher court

Question 22

Four torts that are actionable per se ie without proof of damage

Answer 22

1. Trespass
2. Libel
3. Assault
4. False imprisonment