Karteikarten
Law Making 3: Law Reform, Law Making and the EU, Civil Courts
Karten in diesem Stapel (47)
- 1Law Making Law Reform When was the Law Commission set up?In 1965 by the Law Commissions Act.
- 2Law 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.
- 3Lam 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 - 4Law 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 - 5Law Making Law Reform What is codification?Reviewing all the law on a topic a creating a complete code of law.
- 6Law Making Law Reform What is the aim of consolidation?Combining the law from several Acts of parliament into one Act of Parliament.
- 7Law Making Law Reform What is repealing?The taking off the statute books old Acts that are no longer used.
- 8Law 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. - 9Law 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 - 10Law Making Law Reform What are the disadvantages of law reformParliament doesn't always enact reforms
Process is slow
Lack of Parliamentary time
Parliament may not follow all the recomendedations or change wording. - 11Law Making The European Union In what year did the Uk join the EU?1973 - when it was called the European Economic Community.
- 12Law 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.
- 13Law Making The European Union How many member states are there currently?28 member states
- 14Law 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) - 15Law Making The European Union What are the main four institutions of the EUThe Council of the European Union
The Commission
The European Parliament
The Court of Justice of the EU - 16Law 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. - 17Law Making The European Union How many commissioners make up the Commission?28 who are appointed for a five year term.
- 18Law 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 - 19Law 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.
- 20Law 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 - 21Law Making The European Union Where does the Court of Justice of the European Union sit?Luxembourg
- 22Law Making The European Union How many judges does the Court have?28
- 23Law Making The European Union What are teh key functions of the Court?To ensure law is applied uniformally.
Hears cases - 24Law 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 - 25Law 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. - 26Law Making The European Union What is the effcet of Treaties on UK law?Treaties made by the Union automatically become part of UK law.
- 27Law 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 - 28Law 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
- 29Law Making The European Union What does a directive do?They direct all member states to bring in the same laws throughout all their countries.
- 30Law 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. - 31Law 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) - 32The 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.
- 33The Legal System Civil Courts Which two courts are civil cases tried in?The County Courts
The High Court - 34The Legal System Civil Courts How does a private individual start a claim?Filling out claim form N1 setting out what is claimed and why.
- 35The 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) - 36The 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. - 37The 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) - 38The 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 - 39The 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 - 40The 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. - 41The 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 - 42The 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. - 43The Legal System Civil Courts What are the proposals for future reform?A mediation service in County Courts
An online court - 44The 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. - 45The 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. - 46The 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 - 47Te Legal System Civil Courts What are the disadvantages of using the courts?Cost
Delay
Complicated
Uncertain
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