Branches of the legal system 0.0 / 5 ? Health & Social CareNeboshOtherNone Created by: steveharmerCreated on: 23-11-15 22:47 What is the meaning behind Civil cases The right to redress towards another who has caused them loss, compensation/damages. 1 of 20 What is the name for a Civil wrong doing A Tort 2 of 20 What is the meaning behind a Criminal Case The state punishing the employer/individuals for breaking the written law of the land, breaches of acts/regulations. 3 of 20 What is the outcome of a criminal case Fines in a magistrates court of no limit and 1 year in each case, unlimited fine in crown court and 2 years in each case. 4 of 20 What is the chain in the Civil courts County court, High Court (queens bench div), Coacd, supreme court, European court 5 of 20 What is the chain in Criminal courts Magistrates court, crown court, coacd, supreme court, European court 6 of 20 What Statue law The written Law of the land, Acts and Regs, Orders/Rules 7 of 20 Approved codes of practice - What are they? Written practical guidance from the HSE to employers on how to comply with Statue law. These can be used in court as evidence of breach 8 of 20 Guidance notes - What are they? Opinions of good pratice, Lower standard than an Acop. Can be used in court but generally considered as reasonable standard only. 9 of 20 What are the Three levels of Statutory Duty Absolute, Practicable, Reasonable 10 of 20 Absolute - What is it? Must do, ignores cost 11 of 20 Practicable - What is it? using best technology, no account of cost 12 of 20 Resonable - What is it? Measuring the cost vs risk, cost can be money, time, effort,resoursesetc...most common 13 of 20 What is common Law? Judicial precedent, past case decisions are binding on future cases 14 of 20 Duty of care? duty to take resonable care to avoid acts/omissions that may be foreseen to injure a person 15 of 20 Breach of duty of care? civil wrong doing - negligence 16 of 20 3 elements of proof to demonstrate negligence? Duty Owed, Duty Broken, Loss suffered as a result 17 of 20 Possible Defences? Duty not owed, Duty not broken, no loss suffered 18 of 20 Examples of defences? Sole fault of employee, Contributory negligence, Time barred -3 years 19 of 20 What is Vicarious Liability? Master - Servant, employer pays for the wrong doing of one of its employees 20 of 20
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