Legal principles and international law

What type of law is criminal law?

Public law concerned with conduct the State disapproves of and seeks to control.

What is the purpose of criminal law?

To enforce acceptable behaviour by the State and ensure compliance.

Who brings a criminal case?

The State, in the name of the Crown.

Who bears the burden of proof in criminal law?

The prosecution.

What is the criminal standard of proof?

Guilt must be shown beyond reasonable doubt.

What is the main object of criminal law?

To regulate society through the threat of punishment.

What type of law is civil law?

Private law governing relationships between individuals.

What is the purpose of civil law?

To settle disputes between individuals and provide remedies.

Who normally brings a civil case?

The claimant.

Who bears the burden of proof in a civil case?

The claimant.

What is the civil standard of proof?

The balance of probabilities.

What is the usual objective of a civil remedy?

To compensate the claimant, usually financially, and put the claimant as far as possible in the position they would have been in without the wrong.

Give two remedies a civil court may award.

Damages and another remedy such as specific performance or an injunction.

What is delegated legislation?

Rules made under law-making powers delegated by Parliament.

What are statutory instruments?

A form of delegated legislation made by Government Ministers.

What are bye-laws?

Delegated legislation made by local authorities.

What are Orders in Council?

Delegated legislation made by the Privy Council in the name of the Monarch on the advice of the Prime Minister.

Are Acts of Parliament delegated legislation?

No. They are direct legislation.

What is case law?

Law developed through decisions made by judges in cases before the courts.

What is the doctrine of judicial precedent?

The system under which judges follow decisions from previous similar cases.

What is a binding precedent?

A precedent that must be followed in a later case where the relevant facts are sufficiently similar.

What is a persuasive precedent?

A precedent a judge may choose to follow but is not legally required to follow.

What does 'first instance' mean?

The court in which a case is first heard.

What is the highest court in the main civil court hierarchy?

The Supreme Court.

What court is immediately below the Supreme Court in the main civil appeal hierarchy?

The Court of Appeal, Civil Division.

What are the three divisions of the High Court of Justice?

King's Bench Division, Chancery Division and Family Division.

What types of civil claim are commonly first heard in the County Court?

Claims involving contracts, torts, landlord and tenant, probate and insolvency.

What is the main criminal court above the Magistrates' Court?

The Crown Court.

What is the criminal appeal route shown in Chapter 1?

Magistrates' Court to Crown Court to Court of Appeal (Criminal Division) to Supreme Court.

What is arbitration?

A method of resolving a civil dispute using an independent person, often chosen by the parties, acting similarly to a judge.

Give an expertise advantage of arbitration over court proceedings.

The arbitrator can be chosen for specialist expertise in the relevant area.

Give a speed advantage of arbitration.

Arbitration is generally much quicker than court proceedings.

Give a privacy advantage of arbitration.

Arbitration proceedings are usually private, whereas court proceedings are generally public.

Give a flexibility advantage of arbitration remedies.

Solutions are not limited to damages or the remedies a court can provide.

What two main sources of human-rights protection does Chapter 1 identify for UK individuals?

The European Convention on Human Rights and the Human Rights Act 1998.

Why was the European Convention on Human Rights created?

Following the Second World War, to help prevent human-rights abuses of the kind that had occurred during the conflict.

What effect did the Human Rights Act 1998 have on enforcement for individuals in the UK?

It enabled human-rights cases to be heard in UK courts.

What does 'choice of laws' mean in cross-border contracts?

The parties agree in advance which country's laws will apply.

What does the UN Convention on Contracts for the International Sale of Goods cover?

Rules of contract law that parties in different countries can choose to apply to qualifying international commercial sales of goods.

When does the UN Convention on Contracts for the International Sale of Goods apply?

To commercial sales of goods where the buyer and seller have their places of business in different countries.

Give three types of sale excluded from the UN Convention on Contracts for the International Sale of Goods.

Examples include consumer or household purchases, auction sales and sales where labour is a major part of the contract.

What are Incoterms?

Standard international trade terms created by the International Chamber of Commerce for use in cross-border contracts.

What types of responsibilities can Incoterms allocate?

Matters such as delivery, import and export duties, insurance and freight costs.

What is the Islamic-finance rule against usury concerned with?

Avoiding the payment or receipt of interest.

If interest is prohibited, how can Islamic finance generate returns?

Through permitted profit sharing and appropriately structured transactions.

How can Islamic finance for an asset be structured instead of an interest-bearing loan?

The bank buys the asset and sells it to the customer at a profit; the customer pays in instalments and the bank owns the asset until final payment.

Which three sustainability principles does Chapter 1 associate with UK legislation?

Environmental, social and governance.

Which Act does Chapter 1 identify as supporting the environmental sustainability principle?

The Environment Act 2021.

What are the five fundamental ethical principles shown in Chapter 1?

Integrity, objectivity, professional competence and due care, confidentiality, and professional behaviour.

What are the five categories of threats to the fundamental ethical principles?

Self-interest, self-review, advocacy, familiarity and intimidation.