Revison - 1, 5 & 6

Question 1

How is the adversarial system split between the two sides and what must they do

Answer 1

Civil case
- between claimant and defendant
- burden of proving the balance of probabilities

Criminal case
- between prosecutor and defendant
- balance of probabilities

Question 2

What system does Europe use instead of adversarial system?

Answer 2

Inquisitorial system
- active part in discovering truth
- used in English Coroners court for criminal (suspicious death)

Question 3

What did Earl of Oxfords case 1616 Rule?

Answer 3

In conflict between common law and equity, equity will prevail

Question 4

What principles and remedies has equity given the legal system?

Answer 4

• Law of trusts (legal relationship)
• Specific performance
• Injunction

Question 5

What changes were made through Brexit?

Answer 5

• UK temporary permission regimes
• 15 year run off period for insurance contracts
• Memorandum of understanding
• Northern Ireland Protocol (follow EU law)

Question 6

What is the difference between consolidating and codifying acts?

Answer 6

Consolidating
- reapeals all previous litigation on a subject and combines into one statute

Codifying
- include case principle in case law on a particular topic

Question 7

What are the forms of delegated legislation?

Answer 7

• Statutory instruments
• Orders in council
• Bye laws

Question 8

What is ratio decidendi based on?

Answer 8

ratio decidendi - the reason for deciding

• Material facts of the case
• Decision of the judges
• Reasons for the decision

Question 9

What did the Treaty of Rome 1957 create?

Answer 9

The European Economic Community
- free trade

Question 10

What did the Maastricht Treaty do?

Answer 10

• known as Treaty of the European Union
• created 3 pillars
  European communities
  Common foreign and security policy
  Police and judicial cooperation in criminal matter

Question 11

What are the main sources of European law?

Answer 11

• Treaties - Treaty of Rome
• Regulations
• Directives
• Decisions
• Recommendations
• Opinions

Question 12

What are the Civil procedure rules for pre action protocols from the Woolf report?

Answer 12

• 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

Question 13

What are the High Court minimum claim thresholds?

Answer 13

£100,000 +
£50,000 + (Personal Injury)

Question 14

What are the Allocation of Cases track value thresholds?

Answer 14

Small track
- <£10k
- PI & Property <£1k

Fast track
- straight forward disputes
- <£25k

Multi track
- >£25k
- trial longer then 1 day
- 2 expert fields +

Question 15

What does Part 36 encourage?

Answer 15

• 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

Question 16

What damages % can be used in a damaged based agreement?

Answer 16

Contingancy fee .25%
Personal injury 35%
Other 50%

Question 17

What is the difference between Solicitors and Barristers?

Answer 17

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

Question 18

What is a legal person?

Answer 18

Legal right and duty and capacity to enter in a contract

Question 19

What are key points of a minor’s legal capacity?

Answer 19

• under 18 years old
• Criminal law is age 10+
• ”next friend” is adult responsible for litigations costs of minor
• tort - responsible for own acts

Question 20

What rights do you loose if you are bankrupt?

Answer 20

£5k + is bankrupt
Cannot:
- sit in House of parliament
- become local council member
- acts as magistrate
- be company director
- obtain certain credit value

Question 21

What is the difference between corporation sole and corporation aggregate, in a juristic persons sense?

Answer 21

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

Question 22

What is the difference between incorporated and unincorporated associations?

Answer 22

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

Question 23

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

Answer 23

B - the contract has expired so would not be covered

Question 24

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

Answer 24

C - with the completion of the proposal form by Laura

Question 25

When considering the FCA‘s insurance: conduct of business (ICOBS) Rules:

A) consumers are not covered under ICOBS
B) they have no force of
C) commercial customers are not covered under ICOBS
D) consumers are given more protection than commercial customers

Answer 25

D - consumers are given more protection than commercial customers

Question 26

An insurer has received a burglary claim for £20,000. It transpires that £16,000 of this was genuine and 4000 is fraudulent, what action is the insured most slightly to take?

A) it will repudiate the whole claim and avoid the policy ‘ab initio’
B) it will settle for £16,000 and terminate the policy
C) it will repudiate the whole claim and terminate the policy
D) it will settle for £16,000 and avoid the ‘ab initio’

Answer 26

C - it will repudiate the whole claim and terminate the policy

Question 27

Which scenario is most likely to be regarded as an example of consumer insurance contract?

A) Fiona, who arranged employees liability insurance for her business
B) Sussie, who insured her delivery van
C) Yasser, who has insured his vintage motorcycle
D) Steve, who has insured the contents of his office

Answer 27

C - Yasser, who has insured his vintage motorcycle

Question 28

A claim on a business insurance policy has revealed that there was a deliberate qualifying breach of duty of their presentation of the risk by the insured in the original application. The insurer is most likely to:

A) ignore the breach and allow the policy to continue
B) refuse the claim, but allow the policy to continue
C) avoid the policy and return the premiums paid
D) avoid the policy and refuse to refund the premiums paid

Answer 28

D - avoid the policy and refuse to refund the premiums paid

Question 29

An insured owes a positive duty to the insurer to disclose fact when applying for insurance. This is because:

A) under the Sales of Good Act 1979, there is a duty to do so
B) the insurer often has to rely solely on the information provided by the insured
C) under the Unfair Contract Terms Act 1977, there is a duty to do so
D) the insured will always be in possession of the fax

Answer 29

B - the insurer often has to rely solely on the information provided by the insured