Branches of the legal system

?
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

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
View more cards

Comments

No comments have yet been made

Similar Health & Social Care resources:

See all Health & Social Care resources »See all Nebosh resources »