Introduction to law w.1 Comprehensive Test Prep Actual Questions And Correct Answers.

What is law? - correct answer A system of rules and guidelines made and enforced by institutions to govern behaviour. What is public law? - correct answer Public law is relationships between government and individuals or between governments. (Constitutional law, administrative law, criminal law) What is private law? - correct answer Private (civil) law is relationships between individuals, including companies ( contracts, family law, tort, property law) What is the difference between public law and private law? - correct answer So the main difference is that public law has a relationship with the government, whereas private (civil) law is between just individuals. What is the difference between criminal law and civil law? - correct answer Criminal law is anti social behavior and offense against society as a whole. Crimes are punished. Civil law regulates the relationships between individual members of the community. Civil law are remedied/compensated. What is a contract? - correct answer An agreement which has legal consequences. Usually between two parties. Arises by acceptance of an offer, where parties intend that their agreement will create a legally binding relationships. What is a tort? - correct answer A tort is a civil wrong where one person's conduct causes harm to another. What is negligence? - correct answer It is an unintentional tort wherein one party is injured as a result of the action of another. What is a civil law country? - correct answer Civil law systems are based on laws or codes that have been written down and properly codified. The codes are used as a guide to state what is unlawful and how to punish law breakers. (The Netherlands) What is a common law country? - correct answer In a common law system, laws depend on the ruling or decisions of judges and courts given in previous, similar cases. (Uk, USA) What is the main difference between a civil law country and a common law country concerning sources of law? - correct answer So in civil law countries judges refer to the book of law regarding the process and punishment of criminal activity and all rules are written down. Whereas, in common law countries judges base their decisions on previous court cases and rules can be both twitter and unwritten. Define UK legislation - correct answer Law made by, or under the authority of parliament. Define European law - correct answer Law resulting from our membership of the European Union. What is arbitration? - correct answer It is a method of alternative dispute resolution where disputes are settled privately by decision-makers in a process similar to litigation (rättegång). Why may arbitration be preferable to litigation? - correct answer Because the setting is more informal because there is no judge involved. And it is a more speedy and flexible alternative to litigation. (Brought on when there is a dispute of facts - ex. Failed to meet the contractuaö delivery date) What is jurisdication? - correct answer The terrotority within which power can be exercised and it means the power to hear the dispute or case. You usually need both personal (substantial connection) and subject matter jurisdiction (convenience to judge). What is personal jurisdiction? - correct answer The power of the court over the parties in the case. Under English law, does the defendant have substantial connection with England? (Was the contract made or signed in England?), (did the damage occur in England?) What is subject matter jurisdiction? - correct answer The requirement that the court has power to hear the specific kind of claim that is brought to court. Is another court more convenient to judge the case? A criminal court does not have the power to hear a divorce case. A criminal court only has the power to hear criminal cases. What is the main difference between personal jurisdiction and subject matter jurisdiction? - correct answer Personal jurisdiction refers to weather the court has a connection to the case and therefore power, whereas subject matter jurisdiction refers to weather the court is convenient to judge.