Quiz 2

Question 1

What does the term ‘Common Law’ refer to? (3)

Answer 1

• To a legal system such as the one in England and Australia
• To distinguish common law from equity
• Case - law (law made or developed by the courts)

Question 2

What does the term ‘Civil Law’ refer to?

Answer 2

• A legal system which has its origins in continental Europe
• To any law that is not criminal

Question 3

Will the following situation result in CIVIL or CRIMINAL proceedings?

Gordon is driving his car down Jesmond High Street one day. He fails to stop at a pedestrian crossing and knocks down an old lady, Gladys, as she is crossing the road. Gladys suffers severe injuries.

Answer 3

Both

• The State might prosecute Gordon for the crime of reckless or dangerous driving and if found guilty Gordon will be punished (a driving ban, and possibly a fine or imprisonment).
• Gladys, the injured pedestrian, might sue Gordon (the driver) in the civil courts for the tort of negligence. If Gordon is found to have committed this tort then damages will be sought to compensate Gladys for the injuries she sustained in the accident.

Question 4

What issue of law does the following case raise? Does it raise a matter of PUBLIC LAW or PRIVATE LAW?

A local council bans copies of the Times newspaper from its library, an act which is in violation of the Public Libraries and Museums Act 1964. Times newspaper wants to challenge the decision of the local council.

Answer 4

This is a typical case of public law and in particular administrative law. When a public body does an act in violation or in excess of its statutory powers*, it is subject to the administrative law procedure of judicial review.

• here the local council has exceeded its power given by the Public Libraries and Museums Act (this is a statute)

Question 5

To which branch of law does administrative law belong to? PUBLIC OR PRIVATE LAW?

Answer 5

Administrative law is the body of law that governs the activities of administrative agencies of government.