Week 1,2,3

Question 1

What are the 4 types of Law

Answer 1

1: Civil Law
2: Criminal
3: tort law
4: contract law

Question 2

Criminal Law is

Answer 2

a wrong against society as a whole

Question 3

Civil Law is

Answer 3

Law that protects individuals against one another and the state

Question 4

Compare different proofs needed for criminal and civil law

Answer 4

Criminal - Beyond reasonable doubt
Civil - More likely than not

Question 5

Contract Law

Answer 5

Deals with agreements between two or more parties whereby each party is obligated to hold up their portion of the agreement

Question 6

Tort Law is

Answer 6

A branch of civil law concerned with personal injury and civil wrongdoing

Question 7

A tort is

Answer 7

civil wrong done by a person or entity resulting in injury or property damage and often involving monetary compensation to the injured party

Question 8

The 3 categories of tort are

Answer 8

Negligence
Intentional tort
Strict liability

Question 9

A solicitor

Answer 9

is your first port of call for access to the legal system and will deal with most legal matters in some jurisdictions

Question 10

A barrister

Answer 10

specialises in courtroom advocacy and litigation often taking cases in superior courts

Question 11

A magistrate is

Answer 11

a non-legal volunteer who hears minor offence community cases in magistrate court or holds preliminary hearings for more serious cases

Question 12

List the 5 types of judge
(Dogs cant hit corn strongly)

Answer 12

District judge
Circuit judge
High court judge
Court of appeal judge
Supreme court judge

Question 13

Describe the role of the judge in civil and criminal law cases

Answer 13

in civil law cases the judge decides the winner of the case

in criminal law cases the judge oversees the trial and advises the jury on the law

Question 14

In order list the hierarchic structure of the court system

Answer 14

county court
magistrate court
crown court
high court of Justice
court of appeal
Supreme court of the united kingdom

Question 15

The fundamental elements of a contract are

Answer 15

Offer and acceptance and consideration

Question 16

define claimant(plaintiff) and defendant

Answer 16

defendant, individual or entity being accused of crime

Claimant(plaintiff), the party who initiates court action

Question 17

Define I2T

Answer 17

An invitation to another person to make an offer to contract indicating the party is open to negotiation

Question 18

Give 3 examples of I2T

Answer 18

Advertisements, Websites selling goods and shop displays are all considered I2T

Question 19

A unilateral contract is

Answer 19

A contract where one party agrees to do something upon the completion of a specific act or condition from the opposing party. e.g missing pet flyers anyone can communicate

Question 20

A bilateral contract is

Answer 20

When both parties exchange mutual promises to fulfil

Question 21

When can adverts be considered offers

Answer 21

When they are made in specific and clear terms

Question 22

A tender is

Answer 22

When a person who wants work carried out for them issues a statement asking parties to submit the terms in which they would carry out the work

Question 23

What are the 6 things that can terminate an offer

Answer 23

Acceptance
Death of the offer-or
Lapse of time
Destruction of the subject matter
Rejection/counter offer
Revocation

Question 24

If acceptance introduces new terms…

Answer 24

It becomes a counter offer

Question 25

Acceptance is

Answer 25

A final, expression of assent to all terms of an offer

Question 26

What are terms implied by statute

Answer 26

certain basic provisions are implied by statute in order to provide protection to purchasers

Question 27

list the 4 key provisions provided by statute

Answer 27

1. contract of sale involves the seller transferring the good to the customer in exchange for the price
2. the seller has the right to sell goods
3. implies that goods must correspond to their description
4. the goods will be of satisfactory quality and fit for their purpose

Question 28

3 fundamental parts of contracts

Answer 28

Offer
Acceptance
Consideration

Question 29

Define consideration

Answer 29

The something of value that must be given in return for the promise, this can be an act or forbearance of one party

Question 30

what is forebearance

Answer 30

something not done, e.g i wont buy this house if you pay this sum of money

Question 31

To form a contract there must be value on at least 1 side

Answer 31

false

Question 32

What is executed and executory consideration

Answer 32

A promise to do something in the future is executory and something that has been done is executed consideration

Question 33

what is required by law, adequate or sufficient consideration?

Answer 33

Consideration must be sufficient and not an adequate/ accurate value of price

Question 34

define what a contract is

Answer 34

a contract is an agreement between two parties which is legally binding upon both of the said parties

Question 35

in unilateral contracts would the would the consideration be executory or executed to legally bind the offering party

Answer 35

the consideration would be executed as in an unilateral contract the promise or the offer is to do something upon completion of the task

Question 36

describe what it means when i say that consideration must not be empty or illusionary

Answer 36

the consideration must be real, not something you would do anyway. e.g if i don’t smoke i could not use a promise to not smoke as a form of consideration

Question 37

if i offer, to a party that owes me money, the option to not pay the full debt back as consideration would this be considered a binding agreement

Answer 37

no, the party who offered can still demand the money back at a later date unless further consideration has been made

Question 38

what is the difference between terms and mere representation

Answer 38

terms are binding parts of a contract whereas mere representation is not binding e.g a statement made during negotiations

Question 39

what are the four tests that distinguish terms from mere presentation

Answer 39

• special knowledge or skill
• Oral contract reduced to writing
• Time of the statement (a time gap between the statement and the making of the contract can make the statement a representation rather than a term)
• Importance of the statement