Podcast
Questions and Answers
Which of the following is NOT a type of company mentioned in the content?
Which of the following is NOT a type of company mentioned in the content?
What is the main difference between wrongful and unfair dismissal?
What is the main difference between wrongful and unfair dismissal?
What does the term 'limited liability' mean in the context of companies?
What does the term 'limited liability' mean in the context of companies?
Which of the following is NOT a factor that helps to establish an agency relationship?
Which of the following is NOT a factor that helps to establish an agency relationship?
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Which category of dismissal applies to a situation where an employee is dismissed without reasonable or fair cause?
Which category of dismissal applies to a situation where an employee is dismissed without reasonable or fair cause?
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Which of the following is NOT a duty of a partner in a partnership?
Which of the following is NOT a duty of a partner in a partnership?
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Why is it important to distinguish between employees and the self-employed?
Why is it important to distinguish between employees and the self-employed?
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What is the main purpose of a contract of employment?
What is the main purpose of a contract of employment?
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What is the usual composition of a tribunal in England?
What is the usual composition of a tribunal in England?
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Which of the following is NOT typically dealt with by tribunals?
Which of the following is NOT typically dealt with by tribunals?
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Which type of dispute is NOT typically handled by an employment tribunal?
Which type of dispute is NOT typically handled by an employment tribunal?
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Which of the following is NOT a characteristic of employment tribunals compared to traditional courts?
Which of the following is NOT a characteristic of employment tribunals compared to traditional courts?
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What is the highest court of appeal for decisions made by the Employment Appeal Tribunal?
What is the highest court of appeal for decisions made by the Employment Appeal Tribunal?
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Which of the following statements accurately describes the role of an employment tribunal in the UK?
Which of the following statements accurately describes the role of an employment tribunal in the UK?
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What is the primary advantage of resolving employment disputes through a tribunal compared to a traditional court?
What is the primary advantage of resolving employment disputes through a tribunal compared to a traditional court?
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Where can appeals against decisions of an Employment Appeal Tribunal be made?
Where can appeals against decisions of an Employment Appeal Tribunal be made?
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Which of the following is NOT a duty of a company promoter?
Which of the following is NOT a duty of a company promoter?
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Which of the following is NOT a statutory book that companies must keep?
Which of the following is NOT a statutory book that companies must keep?
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What is the primary purpose of a company's articles of association?
What is the primary purpose of a company's articles of association?
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What is the difference between a fixed charge and a floating charge?
What is the difference between a fixed charge and a floating charge?
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Which of the following is NOT a valid reason for a company to issue shares at a premium?
Which of the following is NOT a valid reason for a company to issue shares at a premium?
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What is the main principle behind the doctrine of capital maintenance?
What is the main principle behind the doctrine of capital maintenance?
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What is the primary role of directors in a company?
What is the primary role of directors in a company?
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How can a director be removed from office?
How can a director be removed from office?
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What is the primary legislation under which local authorities can make bye-laws?
What is the primary legislation under which local authorities can make bye-laws?
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Which Act allows the Law Society to issue regulations to practising solicitors?
Which Act allows the Law Society to issue regulations to practising solicitors?
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What type of delegated legislation is considered the most important?
What type of delegated legislation is considered the most important?
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What is the primary purpose of delegated legislation?
What is the primary purpose of delegated legislation?
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When a new Act of Parliament is enacted, what is typically delegated to a government minister?
When a new Act of Parliament is enacted, what is typically delegated to a government minister?
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Which of the following is NOT a form of delegated legislation?
Which of the following is NOT a form of delegated legislation?
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What power does an Act of Parliament confer concerning delegated legislation?
What power does an Act of Parliament confer concerning delegated legislation?
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What is a characteristic of statutory instruments?
What is a characteristic of statutory instruments?
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What is the function of Orders in Council?
What is the function of Orders in Council?
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What happens when delegated legislation exceeds the powers granted?
What happens when delegated legislation exceeds the powers granted?
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What does the Companies Act 2006 primarily express?
What does the Companies Act 2006 primarily express?
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Why might the government choose to use Orders in Council?
Why might the government choose to use Orders in Council?
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What is a likely trend regarding the use of statutory instruments?
What is a likely trend regarding the use of statutory instruments?
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Why might Parliament choose to use delegated legislation instead of enacting laws directly?
Why might Parliament choose to use delegated legislation instead of enacting laws directly?
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Which of the following defines bye-laws?
Which of the following defines bye-laws?
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Which is a consequence of properly introduced delegated legislation?
Which is a consequence of properly introduced delegated legislation?
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What determines whether a precedent is binding on lower courts?
What determines whether a precedent is binding on lower courts?
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Which of the following statements about judicial precedents is true?
Which of the following statements about judicial precedents is true?
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What must occur for a judge to create a new precedent in a court case?
What must occur for a judge to create a new precedent in a court case?
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Which statement correctly describes the function of the doctrine of binding precedent?
Which statement correctly describes the function of the doctrine of binding precedent?
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How can the Supreme Court impact previously established precedents?
How can the Supreme Court impact previously established precedents?
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What is a common misconception about the creation of a binding precedent?
What is a common misconception about the creation of a binding precedent?
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In what scenario can a new judicial opinion become a precedent?
In what scenario can a new judicial opinion become a precedent?
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What is required for a court to follow the precedent set by a higher court?
What is required for a court to follow the precedent set by a higher court?
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Flashcards
Tribunal
Tribunal
A body appointed to adjudicate on specific matters.
Company Promoters
Company Promoters
Individuals or groups responsible for creating a company and organizing its initial structure.
Composition of Tribunals
Composition of Tribunals
Typically consists of three members: one lawyer and two non-lawyers.
Company Registration Procedure
Company Registration Procedure
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Areas of Tribunal Jurisdiction
Areas of Tribunal Jurisdiction
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Statutory Books
Statutory Books
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Employment Tribunal
Employment Tribunal
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Model Articles of Association
Model Articles of Association
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Types of Cases in Employment Tribunals
Types of Cases in Employment Tribunals
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Classes of Shares
Classes of Shares
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Legal Hierarchy of Employment Cases
Legal Hierarchy of Employment Cases
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Differences from Civil Courts
Differences from Civil Courts
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Debenture
Debenture
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Capital Maintenance
Capital Maintenance
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Examples of Employment Tribunal Issues
Examples of Employment Tribunal Issues
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Role of Directors
Role of Directors
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Judicial Precedent
Judicial Precedent
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Binding Precedent
Binding Precedent
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Hierarchy of Courts
Hierarchy of Courts
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Court of Appeal
Court of Appeal
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Supreme Court
Supreme Court
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Judicial Opinion
Judicial Opinion
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Doctrine of Binding Precedent
Doctrine of Binding Precedent
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Circumstances of the Case
Circumstances of the Case
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Duty of Care
Duty of Care
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Employees vs. Self-Employed
Employees vs. Self-Employed
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Contract of Employment
Contract of Employment
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Wrongful vs. Unfair Dismissal
Wrongful vs. Unfair Dismissal
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Redundancy
Redundancy
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Agency Relationship
Agency Relationship
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Limited Liability
Limited Liability
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Types of Companies
Types of Companies
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Companies Act 2006
Companies Act 2006
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Delegated Legislation
Delegated Legislation
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Primary Legislation
Primary Legislation
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Statutory Instruments
Statutory Instruments
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Orders in Council
Orders in Council
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Bye-laws
Bye-laws
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Court Rule Committees
Court Rule Committees
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Professional Regulations
Professional Regulations
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Local Government Act 1972
Local Government Act 1972
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Statutory Instruments (SIs)
Statutory Instruments (SIs)
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Solicitors Act
Solicitors Act
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Advantages of Delegated Legislation
Advantages of Delegated Legislation
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Statute Law Complexity
Statute Law Complexity
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Study Notes
Defences to Negligence Actions
- Professional negligence is a potential legal issue in various professions.
Employment Law
- Employees vs. Self-Employed: Distinguish between employees and the self-employed.
- Contract of Employment: Defines the nature of the contract and main duties of both parties.
- Dismissal and Redundancy: Differentiate between wrongful, unfair, and constructive dismissal, define redundancy, and discuss available remedies.
The Formation and Constitution of Business Organisations
- Agency Law: Defines the agent's role, examples of relationships (partners, directors), how agency is established, agent's authority, and potential liabilities of principal and agent.
- Partnerships: Covers legislation governing unlimited and limited partnerships, establishment, partner authority, partner liability, and partnership dissolution.
- Corporations and Legal Personality: Differentiate between sole traders, partnerships, and companies; explain limited liability; analyze different company types (private, public); illustrate the effect of separate legal personality; and recognize instances where separate legal personality is disregarded.
- Company Formations: Explain the role and duties of promoters, company registration procedures (public and private), statutory books/records/returns, model articles of association, effects of constitutional documents, article changes, and company name controls.
Capital and Financing of Companies
- Share Capital: Examines different meanings of capital, various share classes, and procedures for altering class rights.
- Loan Capital: Defines companies' borrowing powers, explains debentures, distinguishes loan from share capital, explains company charges (fixed and floating), and describes the need and procedure for registering company charges.
- Capital Maintenance and Dividend Law: Explains the doctrine of capital maintenance and capital reduction; examines the effects of issuing shares at a discount or premium; and explains dividend distribution rules for private and public companies.
Management, Administration, and Regulation of Companies
- Company Directors: Explains the role of directors, their appointment, loss of office, and disqualification.
- Employment Tribunals: Explains employment tribunals (types of disputes heard, roles of the tribunal members, appeals process).
Judicial Precedent
- Precedent: Defines precedent and the doctrine of binding precedent. Explains how precedent is established by senior court decisions.
- Establishing Precedent: A legal principle from a court decision that other courts must follow in similar cases. It must be based on a legal proposition or principle, not facts.
Delegated Legislation
- Delegated Legislation: Describes delegated legislation (secondary legislation) as statute law made by a body/person appointed by Parliament.
- Necessity for Delegated Legislation: Explains why delegated legislation is necessary as a convenient way for introducing new statute law due to complexity and detail.
- Forms: Describes different forms including statutory instruments, Orders in Council, bye-laws, Court Rules, and professional regulations.
- Advantages and Disadvantages: Outlines advantages and disadvantages of using delegated legislation.
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Description
This quiz covers critical concepts in employment law, including the distinction between employees and self-employed individuals, as well as various aspects of contractual agreements. Additionally, it explores agency law, partnership structures, and corporate legal personality. Test your knowledge on legal duties and liabilities within different business frameworks.