Revison - 1, 5 & 6 Flashcards
How is the adversarial system split between the two sides and what must they do
Civil case
- between claimant and defendant
- burden of proving the balance of probabilities
Criminal case
- between prosecutor and defendant
- balance of probabilities
What system does Europe use instead of adversarial system?
Inquisitorial system
- active part in discovering truth
- used in English Coroners court for criminal (suspicious death)
What did Earl of Oxfords case 1616 Rule?
In conflict between common law and equity, equity will prevail
What principles and remedies has equity given the legal system?
- Law of trusts (legal relationship)
- Specific performance
- Injunction
What changes were made through Brexit?
- UK temporary permission regimes
- 15 year run off period for insurance contracts
- Memorandum of understanding
- Northern Ireland Protocol (follow EU law)
What is the difference between consolidating and codifying acts?
Consolidating
- reapeals all previous litigation on a subject and combines into one statute
Codifying
- include case principle in case law on a particular topic
What are the forms of delegated legislation?
- Statutory instruments
- Orders in council
- Bye laws
What is ratio decidendi based on?
ratio decidendi - the reason for deciding
- Material facts of the case
- Decision of the judges
- Reasons for the decision
What did the Treaty of Rome 1957 create?
The European Economic Community
- free trade
What did the Maastricht Treaty do?
- known as Treaty of the European Union
- created 3 pillars
European communities
Common foreign and security policy
Police and judicial cooperation in criminal matter
What are the main sources of European law?
- Treaties - Treaty of Rome
- Regulations
- Directives
- Decisions
- Recommendations
- Opinions
What are the Civil procedure rules for pre action protocols from the Woolf report?
- claimant send info to insurer promptly
- defendant respond in 21days
- defendant has 3 months to respond with decision
- parties should cooperate
OTHER:
- encourages Alternative dispute resolution
- claimant has 14 days after the decision to accept or challenge
- wants legal costs reduced
What are the High Court minimum claim thresholds?
£100,000 +
£50,000 + (Personal Injury)
What are the Allocation of Cases track value thresholds?
Small track
- <£10k
- PI & Property <£1k
Fast track
- straight forward disputes
- <£25k
Multi track
- >£25k
- trial longer then 1 day
- 2 expert fields +
What does Part 36 encourage?
- to get the other party to compromise and settle out of court
- extra costs if decline out of court settlement and you don’t reach that value in settlement, pay for the defendant fees
What damages % can be used in a damaged based agreement?
Contingancy fee .25%
Personal injury 35%
Other 50%
What is the difference between Solicitors and Barristers?
Solicitors
- offer advice
- represent client in low court
- represent by Law Society in England & Wales
- interact with public
Barristers
- specialist expertise
- represent in higher courts
- Bar of standards board - regulated
What is a legal person?
Legal right and duty and capacity to enter in a contract
What are key points of a minor’s legal capacity?
- under 18 years old
- Criminal law is age 10+
- ”next friend” is adult responsible for litigations costs of minor
- tort - responsible for own acts
What rights do you loose if you are bankrupt?
£5k + is bankrupt
Cannot:
- sit in House of parliament
- become local council member
- acts as magistrate
- be company director
- obtain certain credit value
What is the difference between corporation sole and corporation aggregate, in a juristic persons sense?
Corporation sole
A legal person representing an official position, which can be occupied by a series of different people
Corporation aggregate
A legal person consisting of a number of people e.g. chartered insurance institute
What is the difference between incorporated and unincorporated associations?
Incorporated Association:
Combine resource for common goal
Un-incorporated Association:
Groups of people who haven’t been incorporated in the same way e.g. small social club
- quasi-corporation
- own individual legal right
Mo had an existing vehicle insurance policy, due to a change of address, did not receive the annual notice for this. At the end of the cover period, what would the legal position be and why?
A) technically, there is no contract, but if it was at fault to the insurance company that he failed to get his renewal notice, it would generally offer a cover on an ex-gratia basis
B) the contract has expired so would not be covered
C) as long as he did not drive the car post renewal, he would still be covered by the policy
D) if he continued to use the vehicle post renewal, he would be deemed to have accepted the offer of renew
B - the contract has expired so would not be covered
An insurer has issued marketing material and quotation to Laura for insurance. She decides to take out the insurance and send a completed proposal to her insurance broker. The insurer writes to confirm that cover is in force. When has the offer been made?
A) when the marketing material was issued by the insurer
B) when the broker forwarded the proposal on to the insurer
C) with the completion of the proposal form by Laura
D) when the confirmation of cover was sent by the insurer
C - with the completion of the proposal form by Laura
