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A-level Law 👩🏿‍⚖️ > The Nature Of Law And Human Rights 🌍 > Flashcards

The Nature Of Law And Human Rights 🌍 Flashcards

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1
Q

What are the two kinds of Human Rights ?

A

European Convention on human rights

UN rights

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2
Q

What are the European Convention on human rights protected under?

A

Human rights act 

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3
Q

What are the five examples of European Convention on human rights?

A

Right to liberty and security - Freedom - C

Right to assembly - Q

Right to a fair trial - C

Expression -qualified - restricted 🚫

private life -qualified

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4
Q

what is the meaning of Fundamental?

A

Rights Can never be restricted 🚫 

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5
Q

Give an example of an UN right

A

Health care 

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6
Q

What are the two types of human law ? 

A

Core - hard to restrict

qualified- Restrictions

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7
Q

What goes against the right of expression?

A

Harassment
Hate speech
discrimination

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8
Q

What are some examples of something going against the rights of a private life?

A

Defamation

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9
Q

What do judges do in human rights?

A

Interpret laws

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10
Q

What does the government do?

A

propose law

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11
Q

What do the House of Lords and the House of Commons do?

A

Make the law

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12
Q

How does the constitution work on the basis on in the UK? Between who? 

A

On the basis of the separation of powers

Between the executive - Government

legislature- HOL and HOC

and judiciary

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13
Q

What happened to the UK signed up to an international agreement?

A

Use their own law making methods to adopt theagreement 

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14
Q

How have the UK incorporated the European Convention on human rights ?

A

Though The creation of the human rights act 1998

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15
Q

What does the human rights act 1988 allow judges to do ?

A

Allows to judges to state that a national piece of law is incompatible With the ECHR and therefore must be adapted in order to still have legal status

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16
Q

What does incompatible mean?

A

Does not follow human rights law

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17
Q

What are the three cases under the impact of you conventions of human rights ?

A

Hirst v UK 🇬🇧

Wainwright v UK

A v SS for home department

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18
Q

What is Defamation ? What are we wanting ?

A

Tort - compensation or injunction

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19
Q

Where does defamation come from?

A

Defamation act 2013

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20
Q

What are three things needed to prove defamation?

A
  1. Defamatory statement 
  2. Statement Must identify the person
  3. Must be published
21
Q

What is stage one of Defamation? 

what is a Defamatory statement?

What must it cause ?

A

Defamatory statement - 

Parmiter V Coupland - “Calculated to interfere with rep of another, by exposing them to hatred , ridicule or Contempt “

Must cause you serious harm

22
Q

What case tells us what to we need to consider in stage one?

A

Lachaux V Independent print

Scale of publication
Evidence
Gravity of statement - how serious is the is the harm

Eurecro fuels V Szczecin- Includes financial loss

23
Q

What is the second page of defamation?

What is this enough for?

A

Statement Must identify the person - enough that the reasonable person can tell who it is 

24
Q

What is the third stage of defamation?

A

Statement must be published -

Websites - (Godfrey V Demon)
Tweets - (Monroe V Hopkins)
Blogs- (Cruddas V Adams ) 

25
Q

What’s are the three Defences to Defamation?

A

S.2 Truth- Main substance of article is true

S.3 Honest opinion - Opinion that the reasonable person would have

S.4 Statement of public interest- Ecocomou V Defreitas -

key points -

test statement - check validity

Role of the Defendant-

reasonable belief - was in public unrest

Serafin V Malkiewcz - Time, tone , context , seriousness or artical

26
Q

What kind of law is Breech of confidence ?

A

Common law - coco V Clarke

27
Q

What is the first stage of breech of confidence ?

A

Info which has confidence in it -

Data parcel to you

Address medical Tax

28
Q

What is the second stage of breech of confidence ?

A

D Obliged Keep it confidential - Government , solitaires safe guarding

Copy right info

29
Q

What is the 3rd stage of breech of confidence ? 

A

Unauthorised use of data - Has to be accessed to it

TLT v SS home - home office - published der atoms of asylum seekers

30
Q

What are the three defences to breach of confidence?

A

Necessary to safeguard
legal duty to do so
consent - AG v Guardian

31
Q

What case comes from misuse of private info ?

A

Campbell V MGN - Protect all medical data - always private 

32
Q

What case gives us a two-stage test for the misuse of private info?

A

Campbell V MGN

33
Q

What case gives us a two-stage test for the misuse of private info?

A

Campbell V MGN

34
Q

What is the two-stage test for misuse of private info?

A
  1. Did the claimant have a reasonable expectation of privacy?

Campbell - medical

PJM V News international - Impact on children

Reid V Price - Sexual life in the secret

  1. Does the claimants right to meet any privacy out with the public interest?

Jaggard V Darling - Unaware of CCTV

Mosley V News group International - Rights to private sexual life

S + M Outweighs with public interest

Richard V BBC - Raid - not in public interest

Murray V Express- protect the pictures of children not in public interest

35
Q

What case does Trespass to land come from? Quotes ?

A

Entick V Harrington - “Every invasion of property”

“Wrongful interference with possessory rights”

36
Q

What is the examples of trespass to land?

A

Crossing boundary

Remaining on land

going beyond what is expected on land

Putting items on land - league against cruel sports v Scott 

Airspace - Kelsen V Imperial Tabacco

Bellow land

37
Q

What must we have for trespass to land ?

A

Must have Intent to do action - No intent to trespass 

38
Q

What are the four defences for trespass to land ? 

A

Content
legal right gas electric water
Police PACE
necessity

39
Q

What is Trespass ab initio?

A

Trespass after initial lawful entry

40
Q

What is the first stage of trespass ab initio?

2 cases ?

A

Elias v Pasmore - seize evidence - must be linked with warrant

Chic Fashions v Jones - Look for and take anything

41
Q

What act does harassment come from?

A

Protection of the harassment act 1997 

42
Q

What kind of offence is harassment?

A

Summary offence - 4 months

43
Q

Where is the Harassment found under? Definition ?

A

S.2 - A course of conduct which amounts to harassment to the defendant which the D knows or ought to know amount to harassment 

44
Q

What is the first stage of harassment?

A

S. 7 at least two occasions

How far spread they are -

Pratt V DPP - Challenge within six months

45
Q

What is the second stage of harassment?

A

Harassment - R v Curtis - Unacceptable oppressive to such leads criminal liability

Haydon V Dickenson-Is harassment persistent or deliberate

targeted at another

calculated to cause alarm for fear or distress can include

others impacted

Majroeski V Guy NHS - Can include work

46
Q

What is the MR Of harassment?

A

DefendantMust to know that behaviour is harassment or ought to be- With a reasonable man believe

47
Q

What are the defences to harassment?

A

Purpose of preventing or detecting a crime

Law that allows it

conduct is reasonable

48
Q

What section and what year was malicious communication set in?

A

Section 1 1988

A-level Law 👩🏿‍⚖️ (15 decks)

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