Principles of Health and Safety Law

  • Created by: Blodwyn
  • Created on: 29-07-17 18:35
Name the two main types of Law
Civil Law & Criminal Law
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Name the two sources of Law
Common Law & Statute Law
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Name 1 advantage of common law
Decisions are based on practical experience
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Name 1 disadvantage of common law
Until a case comes before a judge, the law is uncertain
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Define the term 'Common Law'
Common law means the body of accumulated rules based on the decisions of the courts over many years
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Under common law each judgement contains the Judge's enunciation of the facts & includes Ratio Decidendi (what is this?)
Ratio Decidendi - The reason for the Decision (Statement of Law based on an examination of the facts & legal issues surrounding them. This is the most important part of a judgement & contains the binding precedent.
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Under common law each judgement contains the Judge's enunciation of the facts and includes Obiter Dicta (What is this?)
Obiter Dicta - Words said by the way (Statement about the law which is not based on the facts of the case under review and which will not therefore be part of the decision. This is often held to be of persuasive authority
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What is meant by Judicial Precedent?
A decision of a court to which authority is attached
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A precedent may be either authoritative or persuasive, define the meaning of each
Authoritative Precedents - Decisions which Judge's are bound to follow, Persuasive Precedents - Decisions that are not binding upon a court but to which the judge will attach some weight i.e. commonwealth courts treated with respect
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Define the meaning of statute law
Statute Law is written law produced at national level through the parliamentary process or delegated to government ministers. Statutes supersede all other forms of law and only parliament can make, modify, revoke or amend statutes.
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Define the term 'Acts of Parliament' and how they start their lives
Acts of Parliaments are statutes and begin their lives at Bills
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Define what Regulations are
Regulations are a class of statutory instrument, one of several types of delegated legislation made under the authority of an act of parliament
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What is the difference between Prescriptive and Goal-Setting Legislation?
Prescriptive - Details specifically what the duty holder should do in detailed terms, Goal-Setting - Specifies a broad objective to be achieved and leaves it to the duty holder to decide the best way to achieve the goal
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List 3 advantages of prescriptive legislation
Requirements need little interpretation, Relatively easier to enforce, Does not require a high level of expertise to interpret the legislation
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List 3 limitations of prescriptive legislation
Inflexible, May not be appropriate for the circumstances and will need more frequent revision as technology advances
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List 3 advantages of goal-setting legislation
Gives more flexibility in interpretation, Can be related to the actual risk in the workplace, Applies to a broader range of workplaces
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List 3 limitations of goal-setting legislation
Standard required may not be clear until guidance is published, More difficult to enforce, Needs a higher level of expertise in interpretation
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What is the purpose of criminal law?
A crime is an offence against the state and the aim of prosecution is to impose punishment
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What are the 2 main sanctions of criminal prosecutions?
Fines and / or imprisonment
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What is the purpose of Civil Law?
A civil action is between individuals, with one party initiating proceedings against another. The aim is for the Claimant to seek restitution for a wrongdoing from the defendant
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What are the types of remedy under civil law?
The remedy sought may be financial compensation (damages) or an injunction (court order) to prevent the defendant perpetrating the wrongdoing
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What is the burden of proof required for proving a criminal charge?
Beyond reasonable doubt
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What is the burden of proof required for a civil case to be successful?
On the balance of probabilities
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Under criminal law who is the burden on for proving a criminal charge?
The prosecution must prove the charge beyond reasonable doubt and the Judge, Jury or Magistrates must be sure the case is proven
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Under civil law who is responsible for providing a civil case?
This is the opinion of the Judge, if the evidence favours either the defendant or the claimant 51% then they win.
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Under criminal law where H&S cases are bought forward, the statute concerns may set out different levels of duty, what are these levels?
Absolute and / or qualified
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Define the term 'Absolute'
This is where the duty is qualified by 'Shall' without any other word or phrase to lower the standard
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Define the two types of 'Qualified' duties
Practicable or reasonable practicable
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Define the term Practicable
Implies that, in the light of current knowledge and invention, it is feasible to comply with these requirements, irrespective of cost or sacrifice, then such requirements must be complied with
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Define the term reasonably practicable
This implies a lower or lesser level of duty than practicable - Implies a risk vs cost analyses must be carried out
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Other cards in this set

Card 2

Front

Name the two sources of Law

Back

Common Law & Statute Law

Card 3

Front

Name 1 advantage of common law

Back

Preview of the front of card 3

Card 4

Front

Name 1 disadvantage of common law

Back

Preview of the front of card 4

Card 5

Front

Define the term 'Common Law'

Back

Preview of the front of card 5
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