W1 introduction and principles

Question 1

What is Common Law?

Answer 1

Law formed as a result of setting a legal precedent, developed through courts, not parliament

Question 2

What is Statute Law?

Answer 2

Law devised and managed by Acts passed in Parliament, supported by regulations

Question 3

How does a Statute become an Act of Parliament?

Answer 3

They begin in parliament as Bills (public or private) -> first and second readings -> the committee stage -> third reading -> passed to the other house -> royal assent and act of parliament

Question 4

What are regulations also known as?

Answer 4

Statutory Instruments

Question 5

What is Civil Law?

Answer 5

Establishes rights against the individual, regulates relationships between individuals and individuals and organisations

Can lead to a variation of a licence or permit but the regulator

Question 6

What is Criminal Law?

Answer 6

So all individuals and organisations understand the constraints of acceptable conduct within a country

Typically req both mental and physical element (except enviro law)

Question 7

What is Primary Legislation in UK Law?

Answer 7

Acts of Parliament - covers broad areas

e.g climate change act

Question 8

What is Secondary Legislation in UK Law?

Answer 8

Regulations or statutory instruments

Technical instruction, procedures, standards

Question 9

What is Tertiary Legislation in UK Law?

Answer 9

Guidance documents, regulator policy docs, these can be out of date and may refer to revoked legislation

Question 10

What is are EC Regulations?

Answer 10

Direct law with no further action from member states

Immediately applicable

Question 11

What are EC Directives?

Answer 11

‘binding as to the result to be achieved’
3 year transposition period
e.g. WEEE

Question 12

Where is criminal law dealt with?

Answer 12

Through Criminal Courts

Question 13

Who are the prosecutor and defendant

Answer 13

Prosecutor: the party leading the criminal prosecution, e.g. the Environment Agency

Defendant: the party being tried for the criminal offence, i.e. a person or an organisation

Question 14

What type of case would the magistrates court deal with?

Answer 14

‘lesser’ cases, breach of duty of care, referred to as a summary conviction, penalty up to £5000

Question 15

Give an example of a Magistrates Court case

Answer 15

12th Sept 2019
Anglian Water ordered to pay £156,000 for polluting Northamptonshire Brook with sewage
Prosecution: EA
Leicester Magistrates Court fined the company £146,000 and ordered payment of £10,676 in costs after the failures were found to be due to negligence
Pollution occurred for 2 days 2016

Question 16

What type of case would the Crown Court deal with?

Answer 16

‘more serious’ cases
An offence dealt with at the Crown Court would be a conviction on indictment
Unlimited fine/prison sentence

Question 17

Give an example of a Crown Court case

Answer 17

Terry Soloman Dugbo 7.5 year sentence, after defrauding the electrical waste recycling industry £2.2 million in 2016. EA investigation.
Feb 2019 Dugbo was ordered to pay back £1.3 million, failed to do so and was sentenced to another 8 years among other related offences, he will now serve a total of 16 years

Question 18

What is a fixed penalty notice?

Answer 18

Less common, for minor administrative breaches of the law, can be issues by regulators e.g. EA, Local Authorities
Is a fine set by the EA

Question 19

Define Pollution

Answer 19

Pollution: to the environment due to the release (into any environmental medium) from any processes or substances which are capable of causing harm to man or any other living organisms supported by the environment

Question 20

Who is the burden of proof on in Criminal Law?

Answer 20

The Crown or Representative of the Crown

Question 21

Who is the burden of proof on in Civil Law?

Answer 21

The Claimant

Question 22

Define Harm

Answer 22

Harm: harm to the health of living organisms or other interference with ecological systems of which they form part and, in the case of man, includes offence caused to his senses or harm to his property
Harm operates in thresholds

Question 23

Where would a summary conviction happen?

Answer 23

Magistrates Court

Question 24

Where would a conviction on indictment happen?

Answer 24

Crown Court