Chapter 1 - LO 1

Question 1

Public Law

Answer 1

Relationship between state and individual members of community. Governs relationship between one state and another

Question 2

Constitutional Law

Answer 2

Main institution of government and relationship with one another
- making treaties with foreign states

Question 3

Administrative Law

Answer 3

Branch of constitutional law. Private citizens vs various agencies of local and central govt

Question 4

Criminal Law

Answer 4

control of behvaiour that harms

Question 5

Private law

Answer 5

relationship between legal person and other organisation

Question 6

Branches of private law (6)

Answer 6

1. Law of contract
2. Law of torts
3. Law of trust
4. Law of property
5. Law of succession
6. Family Law

Question 7

Binding of precedent

Answer 7

Allows decisions of judges to become part of the law

Question 8

Civil case fight between

Answer 8

Claimant and defendant

Question 9

Criminal case fight between

Answer 9

Prosecution and defence

Question 10

Civil proceedings defendant must prove

Answer 10

Balance of probabilities

Question 11

Criminal proceedings must prove

Answer 11

Beyond reasonable doubt

Question 12

Common Law

Answer 12

Unified system that are contained in decision of the courts (judge-made law)

Question 13

Law of trust

Answer 13

Legal relationship created in lifetime or death to put trustee in control of assets

Question 14

Specific performance

Answer 14

Court compelling person to carry out a promise

Question 15

Injunction

Answer 15

Court compelling person to do something or prohibit from doing something

Question 16

Legislation

Answer 16

law created in formal way and set down in writing, parliament is only body to make general legal rules

Question 17

Parliament consists of (3sections)

Answer 17

House of commons
House of Lords
The Monarch

Question 18

Why can legislation sometime be called statute law

Answer 18

Principal form which parliamentary legislation takes is acts of parliament or statutes

Question 19

Difference between white paper and green paper - which one comes first?

Answer 19

1. Green paper - response to proposed changes in law
2. White paper - advanced notice of more definite proposals
   New law drawn up in form of a bill

Question 20

Public act

Answer 20

enforcing on whole community

Question 21

Private act

Answer 21

on particular individuals, promoter is typically local authoirty

Question 22

Public bill procedure (5)

Answer 22

1. First reading - Title of Bill only read out
2. Second reading - debate over bill is taken place
3. Committee stage - Details of bill discussed 20 - 30 members
4. Report stage - Bill amended
5. Third reading - Final chance for debate

Question 23

Consolidating Act

Answer 23

Repeal and replace previous legislation e.g RTA 1998

Question 24

Codifying Acts

Answer 24

Brings together current legislaton and case law decisions

Question 25

Retroactive / retrospective act

Answer 25

Which affects acts done or right acquired before it came into effect

Question 26

Delegated Legislation (4)

Answer 26

Enabling Acts / Parent acts Statutory instruments Orders in council Bye-laws

Question 27

Literal rule

Answer 27

Primary rule take precedence over others. Literal meaning of the words

Question 28

Golden rule

Answer 28

If the literal rule is absurd meaning, alternative interpretation is needed

Question 29

Mischief rule

Answer 29

If meaning is causes mischief

Question 30

Minor civil cases dealt with

Answer 30

County courts

Question 31

Civil court order (4)

Answer 31

1. Magistrates 2. County courts 3. Court of appeal (civil) 4. Supreme court

Question 32

Criminal court order

Answer 32

1. Magistrates 2. Crown court 3. Court of appeal (criminal) 4. Supreme court

Question 33

Reversing and overruling

Answer 33

Overruling when higher courts decide a matter governed by precedent

Question 34

Disapproving / distinguishing

Answer 34

When lower court disapproves of opinion distinguish when court declines to follow a previous decision

Question 35

Maastricht Treat

Answer 35

Treaty of EU

Question 36

Small claims track

Answer 36

up to 10k for personal injury and housing where limit is up to 1k

Question 37

Fast track

Answer 37

Easy disputes where financial value is up to 25k

Question 38

Multi track

Answer 38

financial value exceeding 25k

Question 39

Corporations

Answer 39

Artificial legal persons / juristic persons companies registered under the companies act

Question 40

Corporation sole

Answer 40

Legal person representing an official position which will be occupied by series of different people. Legal entities distinct form the people who act on behalf of the company

Question 41

Corporation aggregate

Answer 41

Legal person consisting of a number of people

Question 42

Unincorporated Associations

Answer 42

Each person is liable for their own thing