17046282
Description
Flashcards by Stuart Halford, updated more than 1 year ago
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Created by Stuart Halford
almost 6 years ago
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| Question | Answer |
| Law Making Law Reform When was the Law Commission set up? | In 1965 by the Law Commissions Act. |
| Law Making Law Reform What is the job of the Law Commission? | To systematically develop and reform the law to eliminate anomolies and simplify and modernise the law. |
| Lam Making Law Reform What does the Law Commissions act s 3 specifically state that the Law Commission should eb concerned with? | Systematic Development and Reform Codification Repeal |
| Law Making Law Reform What is the four stage process in the Law Commissions work? | 1/ Research topic chosen by Commission or referred by government. 2/ Law Commission researches area 3/ Law Comission issues a consultation paper 4/ Law Comission issues final report |
| Law Making Law Reform What is codification? | Reviewing all the law on a topic a creating a complete code of law. |
| Law Making Law Reform What is the aim of consolidation? | Combining the law from several Acts of parliament into one Act of Parliament. |
| Law Making Law Reform What is repealing? | The taking off the statute books old Acts that are no longer used. |
| Law Making Law Reform What measures have been put in place to make sure more reforms are implemented? | Law Commission Act 2009 - Lord Chancellor reports on progress. Protocol agreement - minister has to provide an interim response with six months. Proceedure to implement uncontroversial reforms. |
| Law Making Law Reform What are the main advantages of having the Law Commission issue reports? | Researched by legal experts Consultation before final proposals Whole areas considered not just small Mkaes law easier to find and understand Simplifies and modernises the law |
| Law Making Law Reform What are the disadvantages of law reform | Parliament doesn't always enact reforms Process is slow Lack of Parliamentary time Parliament may not follow all the recomendedations or change wording. |
| Law Making The European Union In what year did the Uk join the EU? | 1973 - when it was called the European Economic Community. |
| Law Making The European Union When was the European Economic Community set up? | In 1957 by The Treaty of Rome by Germany, France, Italy, Belgium, the Netherlands and Luxembourg. |
| Law Making The European Union How many member states are there currently? | 28 member states |
| Law Making The European Union What are the two treaties that set out the rules? | Treaty of the European Union (TEU) Treaty of the Functioning of the European Union (TFEU) |
| Law Making The European Union What are the main four institutions of the EU | The Council of the European Union The Commission The European Parliament The Court of Justice of the EU |
| Law Making The European Union What are the two conditions of the "double majority rule" by which the Council make law. | 55% of member states vote in favour (16/28) The proposal is supported by member states representing at least 65% of EU population. |
| Law Making The European Union How many commissioners make up the Commission? | 28 who are appointed for a five year term. |
| Law Making What are the main functions of the Commission? | Puts forward proposals for new laws Makes sure member states implement EU law. Administration and budget control |
| Law Making The European Union MEPs (members of the European Parliament) are elected by member states - how are the number of MEPs from any one country decided. | By the size of the population of the country. |
| Law Making The European Union What are some of the functions of The European Parliament? | Can approve or reject legislation Decides on international agreements Decides on whether to admit new member states Review Commissions work |
| Law Making The European Union Where does the Court of Justice of the European Union sit? | Luxembourg |
| Law Making The European Union How many judges does the Court have? | 28 |
| Law Making The European Union What are teh key functions of the Court? | To ensure law is applied uniformally. Hears cases |
| Law Making The European Union What is the major difference in the way the courts operate in the Court of Justice compared t English courts? | Cases are more likely to be presented on paper. Use of an Advocate General It isn't known if there is a disenting judge. It only uses the purposive approach |
| Law Making The European Union What are the primary and secondary sources of law the EU? | Treaties are the primary sources. Treaties, Regulations and Directives are secondary sources. |
| Law Making The European Union What is the effcet of Treaties on UK law? | Treaties made by the Union automatically become part of UK law. |
| Law Making The European Union What issues were challneged in the cases of Macarthys Ltd v Smith (1980) and Diocese of Hallam Tustee v Connaughton (1996) | Article 157 TFEU Equal pay for men and women |
| Law Making The European Union Under Article 288 TFEU the EU has the power to issue regulations - where are these binding? | They automatically become law in each member state |
| Law Making The European Union What does a directive do? | They direct all member states to bring in the same laws throughout all their countries. |
| Law Making The European Union How are European directives usually introduced into UK law. | Through statutory instruments. Acts of Parliament An order in council make by the Privy Council. |
| Law Making The European Union What is vertical direct effect? | When an individual can claim against the state even when a directive has not yet been implemented. Marshall v Southampton and South West Hampshire Area Health Authority (1986) |
| The Legal System Civil Courts What is a civil claim? | A claim made in the civil courts when an individual or a business believes that their rights have been infringed in some way. |
| The Legal System Civil Courts Which two courts are civil cases tried in? | The County Courts The High Court |
| The Legal System Civil Courts How does a private individual start a claim? | Filling out claim form N1 setting out what is claimed and why. |
| The Legal System Civil Courts If the defendant denies liability which court is the case started in? | Small Claims Track (less than £10,000 or PI less than £1000) Country Court (Claim for £100k or less or PI for £50k or less) High or County (Claim over £100k or PI for over £50k) |
| The Legal System Civil Courts What can a defend do when a claim is made against them? | Admit and pay Dispute within 14 days If neither court makes an order that defendant pays. |
| The Legal System Civil Courts What are the three tracks? | Small claims (under £10k) Fastr track for straightforward disputes (£10k - £25k) Multi track (cases over £25k) |
| The Legal System Civil Courts How are small claims heard? | In private Judge can be flexible in way case is heard Judges take an active part Parties represent themselves |
| The Legal System Civil Courts What are some of the features of fast track cases? | Strict timetable Case heard in 30 weeks Trial by circuit judge Open court so more formal Hearing limited to one day Only one expert witness |
| The Legal System Civil Courts What are some of the features of the multi track system? | Heard by judge who identifies issues Encourages ADR Deals with procedural steps Fixes timetables by which different stages need to be completed. |
| The Legal System Civil Courts What did Lord Woolf state the civil justice system should be? | Just in the results it delivers Be fair in the was litigants are treated Offer proceedures at reasonable costs Deal with cases at a reasonable speed Be understandable to those who use it |
| The Legal System Civil Courts What are some of the problems that still remain in the civil justice system? | ADR still not used enough Costs of cases continued to increase Courts still under-resourced - in particular IT systems. |
| The Legal System Civil Courts What are the proposals for future reform? | A mediation service in County Courts An online court |
| The Legal System Civil Courts How are appeals from County Court made? | An appeal from decision from District Judge is heard by a Circuit Judge. An appeal from a decision by a circuit Judge is heard by a High Court Judge. |
| The Legal System Civil Courts How are appeals from the High Court heard? | Go to Court of Appeal (Civil) A 2leapfrog" to Supreme Court where there is an issue of national importance. |
| The Legal System Civil Courts What are the advantages of using the courts? | Fair process Judge is legal expert Easier to enforce decision Appeal system Legal aid for some cases |
| Te Legal System Civil Courts What are the disadvantages of using the courts? | Cost Delay Complicated Uncertain |
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