Shared Flashcard Set

Details

CIPS level 6 legal
Legal aspects in purchasing and supply
35
Law
Undergraduate 4
05/18/2008

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Cards

Term
The English legal system incorporates the law of which two countries?
Definition
England and Wales
Term
What three legal systems are there within the UK?
Definition
English convering England and Wales;
Scottish and Northern Irish.
Term
Why are laws required?
Definition
To police the actions of a community's citizens.
Term
What is law?
Definition
A body of rules laid down by society to regulate human conduct.
Term
What remedies can be applied as a result of broken laws?
Definition
Penalties and other santions can be imposed.
Term
Define codified in relation to English law.
Definition
Setting down the decisions made in a formal way; by Act of Parliament, or statute.
Term
What do judges have to do if the words of Parliament are not clear?
Definition
Interpret the statutes.
Term
What were the two initial purposes of the law?
Definition
To lay down codes to protect property and control public order.
Term
In what way does law reflect the social conscience?
Definition
Law is being passed to deal with social problems, such as the Sex Discrimination Acts of 1975 and 1986 and the Race Relations Act 1976.
Term
What is the purpose of Civil Law?
Definition
To assist individuals to recover property or enforce obligations owed to them.
Term
What is the purpose of Criminal Law?
Definition

To suppress crime and punish offenders

1) deter

2) punish

3) correct

4) reform

Term
Deter, punish, correct and reform are aims of which branch of law?
Definition
Criminal law
Term
Who / what enforces criminal law?
Definition
The state
Term
What is the role of compensation in civil and criminal law?
Definition
Civil law aims to provide the individual with compensation for any loss he has suffered. Criminal law rarely has anyhting to do with compensation.
Term
What levels of compensation can be claimed under civil law?
Definition
A person bringing the claim to court cannot claim more than he has lost.
Term
Who instigates Criminal proceedings?
Definition
The state (crown)
Term
Why does the Crown instigate criminal proceedings?
Definition
Because criminal wrongs are considered injurious to society generally
Term
Define prosecution
Definition
Criminal proceedings instigated by the Crown
Term
What are the possible outcomes of a prosecution?
Definition
Guilty or not proved
Term
Penalties if a criminal is found guilty
Definition
Conviction or sentence
Term
Acquittal
Definition
Result of criminal proceedings if case against defendant not proved
Term
What two parties are involved in a criminal case?
Definition

Prosecution (state)

Accused or defendamt

Term
Trial
Definition
The court hearing in criminal proceedings
Term
Claimant
Definition
A private individual bringing a civil action
Term
Who brings the actions in civil and criminal cases?
Definition

civil - claimant

criminal - Crown (state)

Term
Who can be an 'individual' for the purpose of making a claim in a civil case?
Definition

person

company

other organisation

Term
What does the claimant sue the defendant for?
Definition

Redress, usually in the form of financial compensation (damages).

Term
What is the court hearing called in a civil case?
Definition
Litigation
Term

What does Smith v Jones (1999) denote?

Definition
Smith is the claimant, Jones is the defendant. 1999 is the date of the case. Spoken as Smith against Jones.
Term
Standard of proof: civil v criminal
Definition

Civil - balance of probabilities

Criminal - beyonf all reasonable doubt

(higher than civil)

Term

Civil or criminal wrong?

Definition

Certain acts can be both.

Term
Name the 4 sources of law relating to England and Wales
Definition

1) Common law

2) Equity

3) Statute law (Acts of Parliament)

4) European Community (EC) law

Term
Where does common law apply?
Definition
England and Wales
Term
Source of common law
Definition

Declared by judges as the basis of fundamental

legal principles - judge made in the sense that principles have been laid down by judges in the process of determining legal disputes that came before them.

Term
Judicial precedent
Definition
Where a decision has been made it must be followed, where possible, in later cases.
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