Law Making 3: Law Reform, Law Making and the EU, Civil Courts

Questão	Responda
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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Law Making 3: Law Reform, Law Making and the EU, Civil Courts

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	Criado por Stuart Halford quase 6 anos atrás