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53 Cards in this Set
- Front
- Back
- 3rd side (hint)
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Legislature |
The legislative body of a country or a state |
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Transferred matter |
Any matter not excepted or reserved |
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Excepted matter |
Those that affect how the UK as a whole is governed and its relations with other states |
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Public international law |
Guides the relationships between states in international law // Governs relationships between countries |
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Private international law |
Concerns relations across different jurisdiction
Regulates private relationships across different borders
Governs which country's law should apply to individuals where there are links with at least two different countries e.g: Which country's law should govern in who inherits on a person's death |
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States |
Self-governing political entities |
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Legal personality |
Individual/ companies regarded has having laws and obligations that are enforceable in law
prerequisite for an international organization to be able to sign international treaties in its own name.
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Key actors |
Certain entities have legal personality which allows them to enforce claims |
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Diplomatic relations |
Covers the treatment of foreign nationals abroad, particularly those individuals travelling as representatives of their governments |
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Humanitarian law |
The protection of individuals Governs the treatment of individuals in relation to armed conflict |
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Ratify |
Give formal, official consent to be bound by the terms of the treaty |
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Customary international law |
Unwritten customs/ legal behaviour among states developed into practices are CIL |
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Soft law |
Any instrument that contains principles, rules, standards or statements of expected behaviour towards rules or agreements that are not legally binding obligations |
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The tort of conversion |
Wrongly assuming rights over another's property |
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Policy reasons |
Where there are generally applicable reasons why a result is undesirable |
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Consideration |
Each is giving something |
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Distinguishing |
If precedents can be shown not to be relevant to the case in question, then they will not be binding |
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Specific performance |
An equitable remedy that compels a party to the contract to perform that party's contractual obligation
Contractual Duty, as ordered in cases where damages would not be accurate remedy |
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Injunctions |
Prohibiting a party from doing certain acts which would otherwise breach the contract
Mandatory: which compel a party to undo a previous breach of contract |
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The law of torts |
Act (or omission) + causation + fault + protected interest + damage = liability |
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Privity of contract |
Under contract law a person who is not party to the contract cannot sue on the contract |
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Strict liability torts |
There is no requirement to prove a mental element as performance or the physical act creates liability |
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Strict liability crimes |
Imposing liability for the act with no requirement to prove a mental element |
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The tort of defamation. |
Designed to protect reputation of both individuals and companies
Covers slander and libel |
Talking |
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Slander |
Defamatory words in transient form |
Writing |
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Libel |
Defamatory words in permanent form |
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Private nuisance |
Concerns the use and enjoyment of land and it relates to direct interference with the land |
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Public nuisance |
Something which materially affects the reasonable comfort and convenience of a class of Her Majesty's subjects
Must show suffered special damage |
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Special Damage |
Damages which are readily quantifiable: loss of equipment / earnings etc |
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Trespass to the person |
Must be an intentional/ reckless act
Assault/ battery/ false imprisonment |
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Assault |
The threat of bodily harm that reasonably causes fear of harm in the victim |
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Battery |
Actual physical impact on another person |
But for test |
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Factual causation. |
Prosecution must prove that 'but for' the accused's conduct, the victim would not have died as he did
But for: test to resolve the question of causation in tort law |
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Legal causation |
Test is whether the original injury was an operative and more than a minimal cause of death |
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desired intent |
The desired outcome |
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Consideration |
Concept of legal value in connection with contracts |
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Miscarriage of justice |
A case in which an innocent person is convicted of a crime s/he did not commit |
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Neighbour Principle |
Principle that established that a person or company owes a duty of care to those who the party ought reasonably to have in contemplation as parties who might be affected |
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Neighbour Principle |
Principle that established that a person or company owes a duty of care to those who the party ought reasonably to have in contemplation as parties who might be affected |
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International law |
Law made by states to govern interstate relations |
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Common law |
Law that is developed through court decisions rather than through legislative statues alone |
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CPS |
The body that generally brings criminal cases in England and Wales |
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Devolution |
The statutory granting of powers from the central government of a sovereign state to a government at a sub national level, such as a regional level |
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Persuasive precedent |
One which the court will consider and may be persuaded by, but does not have to be followed |
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Distinguishing |
When a judge considers that the material facts of the present case are sufficiently different from an earlier case, he is distinguishing the case and may refuse to follow the earlier decision |
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Treaties |
Primary source of EU law
Without further enactment to be given legal effect or used in the UK
Directly applicable |
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Negotiation |
Informal approach between the parties themselves or their lawyer
Private / quickest cheapest method of resolving a dispute |
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Mediation |
Mediator (neutral person) helps the parties reach a compromise solution to their dispute
Mediator will discuss the position of each party with them and what outcomes they want from the dispute, but will not usually offer an opinion
Emphasis on the parties themselves working out a solution |
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Mediation |
Mediator (neutral person) helps the parties reach a compromise solution to their dispute
Mediator will discuss the position of each party with them and what outcomes they want from the dispute, but will not usually offer an opinion
Emphasis on the parties themselves working out a solution |
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Conciliation |
Beyond mediation in that conciliator had power to suggest grounds for compromise and the possible basis for a settlement |
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Arbitration |
Voluntary submission by the parties of their dispute to the judgment of an arbitrator
Decision = award |
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Arbitration |
Voluntary submission by the parties of their dispute to the judgment of an arbitrator
Decision = award |
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Stop and Search |
Police constable may stop and search people and vehicles in a place where the public has access
Constable must be in uniform
Must have reasonable grounds for suspecting that he will find stolen or prohibited articles
Officers also have specific powers to stop and search under other legislation such as the Misuse of Drugs Act 1971 And anti terrorism legislation |
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