Introduction to Law

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What is the purpose of the Law?
To regulate and Protect; People, Business and Land
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What is the Definition of Civil Law?
Rights and duties of Individuals and companies against each other.
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What is the Definition of Criminal Law?
Law which deals with 'society as a whole.'
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What are the parties known as in Civil Law?
The Claimant and Defendant
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In a civil case who does the burden of proof lay with?
The Claimant
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What does the standard of proof relate to?
The weight of the evidence.
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In civil cases the standard of proof is on.....
The balance of probabilities.
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Where are civil cases heard?
County court, The High Court and Family Court
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What Remedies are available in a Civil Case?
Monetary compensation, Specific Performance, Injunctions, Rectification and Recission.
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What are the Parties in Criminal Law known as?
The Prosecution and Defendant
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Who can bring a prosecution?
1. The Crown Prosecution Service (CPS). 2. The Health and Safety Executive. 3. The Police. 4. The Environment Agency. 5. The RSPCA
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Where is a Summary Only offence heard?
Magistrates court.
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Where is an Either Way offence heard?
Magistrates court or the Crown Court
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Where is an Indictable Offence heard?
The Crown Court
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Who hears cases in Magistrates court?
1. A District Judge. 2. A County Judge. 3. A panel of lay Magistrates
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In a Criminal Case who does the burden of proof lay with?
The Prosecution
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Does the defendant have to prove their innocence?
NO!
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In criminal cases the standard of proof is.....
Beyond reasonable doubt.
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If there is any doubt from the jury what must happen?
The defendant must be Aquitted. (not guilty)
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What two important concepts to do with law were created in the middle ages?
Common Law and Equity
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What is the aim of common law?
To keep consistency throughout the land.
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How can Common Law assist a lawyer?
1. Research a Point of law. 2. Current Legal Position. 3. Related Case Law. 4. Any overturned decisions.
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What is the Definition of Precedent?
An earlier event or action that is regarded as an example.
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What is the definition of Precendence?
Something that is considered more important than something else.
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What were the problems with common law?
1. Too Rigid. 2. Only followed what had gone before. 3. Their juries were open to bribe and intimidation. 4. They did not recognise Trusts.
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What is a Trust?
When one party gives property ( can include money) to another to hold for a beneficiary
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What is the definition of equity?
Something that is fair and just.
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Why did the Court of Chancery change things so much?
1. Heard cases in English for the first time. 2. determined cases on what was fair and just. 3. recognised that not all cases were the same and monetary compensation was not always appropriate.
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What are 3 advantages of Equity?
1. No Juries. 2. Facts only. 3. could order the parties to disclose documents
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What are 3 more advantages of Equity?
1. Can issue subpoenas. 2. Recognised trusts. 3. Recognised redemption
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What does Redemption mean under Equity?
If someone could not pay their mortgage the land or property could be kept if the loan was repaid with interest. Under Common Law the property would be taken away and they would have to repay their debts.
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What are the Remedies available under Equity?
1. Specific Performance. 2. Rectification. 3. Recission. 4. Injunctions
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Explain what Specific Perfomance is and does?
This is used when damages are not sufficient, it is commonly used in contract law and it means the court can order a party to perform their part of a contract.
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Explain what Rectification is and does?
If the agreement made by the parties does not represent their original intention then this allows for the contract to be changed.
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Explain what Recission is and does?
Allows the parties to un-do the contract if induced by Mis-representation.
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Explain what Injunction is and does?
An order that stops someone doing a particular act.
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Finish the quote: "When Common Law and Equity conflict..."
"Equity shall prevail"
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What was the outcome from the conflict between Common Law and Equity?
Common Law and Equity courts joined under the Judicature Act 1873-1875 and they became known as the supreme court of Judicature
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What are the Maxims of Equity?
A discretionary set of rules for judges to follow and get legal reasoning.
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Explain: "Equity will not Assist a Volunteer"
The law will not assist someone who has not provided consideration for a particular action
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Explain: "He who comes to Equity must come with clean hands"
Will not help someone who's prior conduct has been legally improper
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Explain: "he who seeks equity must do equity"
Claimant must act fairly to defendant in the future
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Explain: "Delay defeats equity"
Unreasonable delay may be mis-leading and end up with them being disallowed equity
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Explain: "Equity looks to the intent not the form"
Allows for a contract to be corrected when the terms were not correctly recorded
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Explain: "Equity will not suffer a wrong without remedy"
This refers to the development of remedies other than money
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Explain: "Equity acts in Personam"
Equity relates to a person not their property
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Explain: "equity follows the law"
Equity should look to the law first, then equity if this is not fair.
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Explain: "Equity is Equality"
Treats everyone as equals
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Explain: "Equity sees as done that which ought to be done"
Looks at what situation someone would be in if a contract would have been enforced.
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When was the Mareva injunction recognised and what is it commonly known as?
In 1975 and known as the "Freezing Injunction"
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What does the Mareva Injunction do?
Lets the court freeze the assests of a party to stop them moving them out of the country. . It is an Ex-parte application
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When is an Anton Pillar order used?
When there are copyright issues
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What is the Anton Pillar aim?
To prevent the removal or destruction of property
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What does the Anton Pillar order let the Claimant do?
1. Enter the Defendants premises. 2. Search and take away evidence. 3. Force defendant to answer questions. 4. have the defendant held in contempt of court if they dont answer.
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Other cards in this set

Card 2

Front

What is the Definition of Civil Law?

Back

Rights and duties of Individuals and companies against each other.

Card 3

Front

What is the Definition of Criminal Law?

Back

Preview of the front of card 3

Card 4

Front

What are the parties known as in Civil Law?

Back

Preview of the front of card 4

Card 5

Front

In a civil case who does the burden of proof lay with?

Back

Preview of the front of card 5
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