Unit 1 Law and Practice

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What is the European Council
Heads of state/government set out general political direction and priorities of the EU.
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What are the primary source(s) of EU law
Treaties
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Define regulations
A form of secondary legislation directly applicable in all member states
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What are directives?
A form of secondary legislation addressed to one or more member states requiring them to amend their national law to meet its broad objectives.
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What are treaties?
Primary EU legislation
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What are secondary sources of EU Law?
Directives and Regulations
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What is the European Parliament?
An elected law-making body with a number of legislative functions.
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What is the Council of the European Union?
Ministers from member states' governments with responsibility for the topics to be covered in any particular meeting. It is responsible, together with the European Parliament, for passing the laws of the EU proposed by the EC.
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What is the Court of Justice of the European Union?
The highest court in the EU.
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Member countries of the EU
Austria, Belgium, Bulgaria, Croatia, Cyprus, Czech R, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Ireland, Iceland, Latvia, Lithuania, Luxembourg, Malta, Netherlands, Poland, Portugal, Romania, Slovakia, Slovenia, Sp, Sw, UK.
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Which is the most senior UK court?
Supreme Court
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What is the maximum value of a PI claim in the small claims track?
£1,000
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Does the Supreme Court always have to follow its own decisions?
No, it can depart from them as it feels necessary.
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What level of costs would be dealt with on the multi-track?
Claims in excess of £25,000.
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Which court would hear appeals from the Crown Court?
Criminal Division of the Court of Appeal.
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Which court deals with family breakdown, divorce and children matters?
The Family Court
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Where would summary only offences be tried?
The Magistrates' Court
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What types of case does the High Court hear?
Civil cases
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What value do claims on the fast track have?
Claims over £10,000 not exceeding £25,000
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What is the legislative?
Parliament
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What is the executive?
The Government.
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What are the organs of government?
Legislative, executive and judiciary.
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What happens at the first reading of a bill?
The clerk will read out the title.
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Describe the second reading of a bill.
The bill is debated in parliament. The bill is then sent to committee.
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What stage directly follows the second reading
The committee stage.
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What happens at committee stage?
The bill is examined in detail by a committee of the whole house or a public bills committee.
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How many stages does the bill go through in each house?
First Reading, Second Reading, Committee stage, Third reading.
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What happens in the third reading?
The bill is returned to Parliament.
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What is the amendment stage?
Amendments from the House of Lords (or House of Commons depending where the bill originated) are discussed and considered.
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What is the name of the process whereby the Queen's consent is given?
Royal Assent.
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What are private bills?
A bill which proposes new law which affects a limited geographical area/limited group of people.
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What is a hybrid bill?
A public bill with private bill characteristics.
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What is primary legislation?
Acts of Parliament.
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What is a white paper?
A document published by Government after consultation with proposals for new law.
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What is the name of the politically independent organisation established under the Law Commission Act 1965 which reviews and reforms law?
The Law Commission
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What are bye-laws
Secondary legislation passed by local councils that relate to a specific area.
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Define ultra vires
Beyond its/his/her powers.
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What is a persuasive precedent?
A decision of the court which later courts may choose to follow but are not bound by.
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What is obiter dicta
Statements made by a judge which are not binding but may be persuasive.
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What is stare decisis
To stand by decided matters to achieve fairness - later cases with similar facts should be decided in accordance with the earlier cases.
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What is conciliation?
A conciliator will listen to both parties to the dispute and can propose compromises and agreements.
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Define arbitration.
ADR where an arbitrator hears a dispute and imposes a final decision.
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Can a mediator impose a binding settlement?
No
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Name the First Tier Tribunals
General regulatory; Health, education and social care; Immigration and asylum; Property; Social entitlement; Tax; War Pensions and Armed Forces.
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Name the Upper Tribunal Chambers
Administrative appeal; Immigration and Asylum; Land and Tax and Chancery.
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What are Orders in Council?
Orders made when normal statutory instruments would be inappropriate.
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Name the four types of equitable remedies.
Injunction, recission, rectification, specific performance.
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Other cards in this set

Card 2

Front

What are the primary source(s) of EU law

Back

Treaties

Card 3

Front

Define regulations

Back

Preview of the front of card 3

Card 4

Front

What are directives?

Back

Preview of the front of card 4

Card 5

Front

What are treaties?

Back

Preview of the front of card 5
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