Engleski Moja Skripta

8/18/2019 Engleski Moja Skripta

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Nikolina Krnić

MODUL 1 (EXAM QUESTIONS)- SEMESTER ONE

1.) Name the ways in which the tem !c"mm"n #aw$ is %se&.

a) It is law which is c"mm"n to the whole country-national law in contrast to local law.

b) It is law which is based on judicial decisions (case #aw) in contrast to the law which

is made by Parliament (stat%te #aw).

c) It distinguishes the common law legal systems based on 'ece&ens from civil law

jurisdictions based on cii# c"&es.

d) It comrises the rules develoed by the c"mm"n #aw c"%ts in contrast to the rules

develoed by the c"%ts " e*%ity.

+.) ,ie an eam'#e " a c"%nty with a #ea# system /ase& "n a cii# c"&e.

!roatia" #erman" $rance%.

0.) Deine the c"nce'ts !cimina# #aw$ an& !cii# #aw$. ,ie eam'#es " acti"ns

which a## int" each cate"y.

& simle distinction between the criminal law and the civil law is thath the cii# #aw

regulates the relationshi between individuals or bodies and the cimina# #aw regulates the

legal relationshi between the state and individual eole and bodies.

'he first ractical difference is seen in the arties to the legal action. & cii# case will

involve two ( or more) individual eole or bodies whilst the arties to a cimina# casewill be the state and an individual erson or body.

*amles of the civil law include the law of contract" tort (literally meaning +wrong,) and

roerty. I decide to buy a radio from local sho. I ay the correct rice and take the radio

away. &fter two days the radio fails to work. 'his is a common situation and usually the

shokeeer will relace the radio or return my money. If not" I may wish to take legal

action to recover my loss. &s the law of contract is art of the civil law the arties to the

action will be me ( an individual) and the owner of the sho ( an individual erson or

body).

*amles of the criminal law. 'his is the law by which the state regulates the conduct of itscitiens. !riminal offences range from the etty (arking offences) to the very serious

(murder" rae). I am driving my car at / m..h.(miles er hour or 001 kolometres er

hour) in an area which has a seed limit of 2/ m..h.. I am stoed by a olice officer and

subse3uently a case is brought against you for dangerous driving.

.) O%t#ine the &ee#"'ments which #e& t" the esta/#ishment " a c"mm"n #ea#

system.

Prior to the Norman con3uest in 0/44" the legal system was decentralised. It consisted of

local courts" the borough" shire and hundred courts" each alying its own local customary

law. 'he Norman kings could have adoted this system by allowing the baron to whom a

region has been given to run the court in that region. Indeed" by taking the office of sheriff

ngleski 0" 1//4.51//. 0


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Nikolina Krnić

8.) In a case " c"n#ict /etween a %#e " e*%ity an& a %#e " c"mm"n #aw9 which wi##

'eai#5

In cases of conflict or variance between the rules of e3uity and the rules of common law" therules of e3uity should revail.

:.) ,ie thee e*%ita/#e maims. > . itanje

3uitable ma*ims are set of rules" develoed by the !ourts to govern the alications of

e3uity. 'hese ma*ims are the reasons why we continue to distinguish between common law

and e3uity.

1;.) 4hat is the siniiciance " the


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Nikolina Krnić

1.) O%t#ine the the"y " the se'aati"n " '"wes.

'his theory was articulary develoed by the $rench olitical scientist =ontes3uieu. 6e saysthat e*ecutive" legislative and judical owers shouldn:t be united in the same erson" or in

the same body of magistrates" because there can be no liberty.

'he reasons for this theory are" if the judicary ower not be searated from legislative and

e*ecutive" there is no liberty" subject would be e*osed to violence and the oresions.

'he theory has been criticised for being urist-that is model to which ;ritish system of

government does not conform. =embers of e*ecutive are members of lefislative- the head of

the judiciary " the


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Nikolina Krnić

+0.) ,ie tw" eam'#es " the 'es%m'ti"ns %se& /y the c"%ts when inte'etin

stat%tes.

'here are several resumtions which a judge when he is called uon to interret an &ct like

that the &ct alies to the whole CK" but not further

that the !rown ic not bound

that the statute is not retrosective

#iven that words are an imerfect means of communication a number of aids have evolved

to assist judges in the interretation of statutes. 'he ne*t e*tract rovide san outline of some

of these aids but statutory interretation is not a scientific and these rules of interretation

are general rinciles rather than strict rules.

+.) Deine the "##"win temsB

a) &istin%ishin

/) 'e inc%iam

a) DISTIN,UIS7IN,- this occurs when the facts of a later case are sufficiently different to

justify the court reaching a different decisions from an earlier case involving the same legal

rincile.

b) ?ER IN@URIAM- means throught lack of care- generally when some relevant law was

not taken into consideration.

ngleski 0" 1//4.51//. 4


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Nikolina Krnić

MODUL + ( EXAME QUESTIONS)- SEMESTER T4O

1.) Distin%ish /etween c"%ts " ist instance an& a''e##ate c"%ts.

$irst instance court is a trail court where case is heard for the first time " and &eal court is

a court where a arties in the roces make etition on verdict. Part who aeals is aellant"

other arty is resonder.

+.) 4hich c"%ts ae c"%ts " ist instance an& which a''e##ate c"%ts.

A''e##ate c"%tsB !ourt of &eal" 6ous of


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Nikolina Krnić

6.) 4hat was the "iina# '%'"se " the c"%nty c"%ts5

!ountry courts were set u in 0824 to rovide a locally based service which was easilyaccessible to ordinary eole. !ountry courts had become rimarily a debt-collection agency

in which the majority of actions were take out against the ordinary erson" it was the court

in which the ordinary erson was sued for debt.

8.) 4hy hae they /een citicise& " ai#in t" %#i# this '%'"se5

It has been criticised for still being too comle* and because country courts rocedure had

became too formal and e*ensive to fulfil its original urose.

:.) 4hat is the tit#e " the 'es"n wh" wi## hea cases in the sma## c#aims c"%ts5

'he case is heard by the Degistrar of the county court ( an assistant judge who is emloyed

by the court and whose role is administrative and judicial).

1;.) 4hat ae the tw" ma=" citicisms " the system " cii#e =%stice5

&n efficient system whick is 3uick and chea may not rovide an ade3uate oortunity for

the litigants to reare and resent their case. 3ually " delay and e*ense can lead to

injustice. !osts and delays are les sin the country courts but they leave no room for

comlacency.

11.) 7"w wi## the @"%ts an& Lea# Seices Act chane the =%is&icti"n " the cii#

c"%ts5

'he &ct gives the


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Nikolina Krnić

10.) @an a 'iate in&ii&%a# /in a '"sec%ti"n5

Les even it is not usual. 'he general rule is that any rivate individual can bring a

rosecution even if the individual has no articular interest in the case. 'his is usuallyreferred to as a rivate rosecution. 'he greatest number of rosecutions" however" are

brought as a result of action instigated by the olice.

1.) 4hich /"&y was es'"nsi/#e " '"sec%ti"ns /e"e the ceati"n " the @?S 5

Cntil recently the olice made the final decisions to rosecute in the cases they were dealing

with. =oreover" the olice effectively controlled the rosecution" and in some magistrates

courts olice oficers actually aeared as advocates. Aolicitors had to act in accordance with

the instructions of chief constables" even if the solicitors felt that a rosecution was unwise.

12.) 4hat #imitati"ns ae '#ace& "n the =%is&icati"n " ti/%na#s5

'he limitations is that tribunals can only take cases which are secifically relevant to it.

'here are over 7/ different tyes of tribunal" each with its own limited jurisdiction over a

articular tye of claim.

13.) Deine hieachica#.

'here are some features of the court system which are naturally reflected in the nature of the

nglish judiciary. $irst" it is hierarchical with judges in the higher courts having more

authority than those in the lower courts. Aecondly" most judges will hear both civil and

criminal cases. ?udges in the 6ouse of


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Nikolina Krnić

1:.) Distin%ish /etween #ay maistates an& sti'en&iay maistates.

Sti'en&iay maistates'hese are full-time aid aointments made by the ueen on the recommendation of the


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Engleski Moja Skripta