Branches of the legal system

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What is the meaning behind Civil cases
The right to redress towards another who has caused them loss, compensation/damages.
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What is the name for a Civil wrong doing
A Tort
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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.
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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.
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What is the chain in the Civil courts
County court, High Court (queens bench div), Coacd, supreme court, European court
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What is the chain in Criminal courts
Magistrates court, crown court, coacd, supreme court, European court
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What Statue law
The written Law of the land, Acts and Regs, Orders/Rules
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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
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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.
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What are the Three levels of Statutory Duty
Absolute, Practicable, Reasonable
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Absolute - What is it?
Must do, ignores cost
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Practicable - What is it?
using best technology, no account of cost
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Resonable - What is it?
Measuring the cost vs risk, cost can be money, time, effort,resoursesetc...most common
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What is common Law?
Judicial precedent, past case decisions are binding on future cases
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Duty of care?
duty to take resonable care to avoid acts/omissions that may be foreseen to injure a person
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Breach of duty of care?
civil wrong doing - negligence
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3 elements of proof to demonstrate negligence?
Duty Owed, Duty Broken, Loss suffered as a result
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Possible Defences?
Duty not owed, Duty not broken, no loss suffered
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Examples of defences?
Sole fault of employee, Contributory negligence, Time barred -3 years
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What is Vicarious Liability?
Master - Servant, employer pays for the wrong doing of one of its employees
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Other cards in this set

Card 2

Front

What is the name for a Civil wrong doing

Back

A Tort

Card 3

Front

What is the meaning behind a Criminal Case

Back

Preview of the front of card 3

Card 4

Front

What is the outcome of a criminal case

Back

Preview of the front of card 4

Card 5

Front

What is the chain in the Civil courts

Back

Preview of the front of card 5
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