HTMG3041 Law Week 1: Legal System

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Questions and Answers

What is the burden of proof required for a prosecution in a criminal case?

Beyond a reasonable doubt (correct)

Clear and convincing evidence

On the balance of probabilities

Preponderance of evidence

Which of the following best describes the main consequence of a criminal offense?

Fine or imprisonment (correct)

Injunction against further action

Compensation for loss

Restitution to victims

In a civil law case, who has the burden of proof?

The prosecution

Both parties equally

The defendant

The plaintiff (correct)

Which standard of proof is lower in civil law compared to criminal law?

On the balance of probabilities Signup and view all the answers

What is a distinguishing feature of common law systems?

Case law evolves from judicial decisions Signup and view all the answers

Which of the following accurately describes the relationship of criminal and civil law regarding the same incident?

Criminal charges can result in a civil lawsuit Signup and view all the answers

What is the primary difference in parties involved in criminal law versus civil law?

Prosecution vs. defendant Signup and view all the answers

In legal terms, what does 'precedent' refer to?

A previous judicial decision used as a standard Signup and view all the answers

What two characteristics define the concept of 'Law'?

Created by authority and upheld by that authority Signup and view all the answers

In the hierarchy of legal matters, which type of law is primarily concerned with private rights and obligations?

Civil Law Signup and view all the answers

Which of the following is NOT a component of Civil Law?

The law of enforcement Signup and view all the answers

What is the standard of proof required for a plaintiff in a civil case?

Balance of probabilities Signup and view all the answers

What is the main purpose of bringing a civil claim before the courts?

To recover losses and enforce rights Signup and view all the answers

In civil law, who is referred to as the person bringing the claim?

The plaintiff Signup and view all the answers

How is a civil claim typically described in legal terms?

An action or a suit Signup and view all the answers

What is the key difference between the standards of proof in civil and criminal law?

Civil law uses a lower standard than criminal law Signup and view all the answers

What distinguishes executed consideration from executory consideration?

Executed consideration involves both parties performing their promises. Signup and view all the answers

Which of the following statements about past consideration is true?

Past consideration cannot be considered as valid consideration. Signup and view all the answers

What must be true of the consideration in a legally binding contract?

Consideration must be something of value to move from the promisor. Signup and view all the answers

Which statement accurately describes a deed in this context?

A deed must have a signing block to be legally binding. Signup and view all the answers

In which scenario would there likely be no enforceable contract?

A party promises to give a gift in return for an action already completed. Signup and view all the answers

What is a key aspect of consideration that is often misunderstood?

It must be legally recognized and from the promisor. Signup and view all the answers

What does it mean when consideration is described as 'sufficient but need not be adequate'?

The consideration should be enough to support a contract but does not need to match the value of what is offered in return. Signup and view all the answers

Which example accurately reflects an executory promise?

B promises to deliver a car to A after receiving payment. Signup and view all the answers

What happens if an offeror agrees to keep an offer open for a specified time but sells the goods to someone else within that period?

X is liable for damages due to breach of contract. Signup and view all the answers

When does an offer lapse if the offeror does not specify a duration?

After a reasonable period of time. Signup and view all the answers

What is a requirement for acceptance of an offer to be valid?

Acceptance must be communicated to the offeror. Signup and view all the answers

What does the concept of consideration in contract law entail?

Each party must promise some benefit to each other. Signup and view all the answers

If A promises to give B a gift without receiving anything in return, what is true about this promise?

A is not bound by this promise. Signup and view all the answers

What must occur for the revocation of an offer to be legally effective?

It must be communicated to all persons to whom the offer was made. Signup and view all the answers

What characterizes the process of acceptance in contract formation?

It must confirm agreement with all terms of the offer. Signup and view all the answers

What best defines executed consideration?

A completed exchange between parties. Signup and view all the answers

In what scenario is an offeror legally required to keep their offer open for a specified period of time?

When the offeree pays for the option to keep it open. Signup and view all the answers

What does 'consideration' refer to in the context of keeping an offer open?

The payment made to secure the option. Signup and view all the answers

What happens if the offeree accepts the offer after the offeror has revoked it?

The acceptance is invalid due to revocation. Signup and view all the answers

What legal case exemplifies a situation where an offer was specified to remain open for a certain period?

Dickinson v Dodd Signup and view all the answers

Which statement accurately describes the status of an offer once the offeree makes a payment to keep it open?

The offeror is obligated to keep the offer open until the specified time. Signup and view all the answers

Under what condition can acceptance be deemed valid?

It must be communicated explicitly and directly to the offeror. Signup and view all the answers

What is the role of a reliable person in the context of offer revocation?

They can communicate the revocation on behalf of the offeror. Signup and view all the answers

If the offeror does not specify the duration of the offer, what happens?

The offer is only valid until it is revoked. Signup and view all the answers

Study Notes

Legal System Overview

"Law" refers to rules created by an authority that can be enforced.
In Hong Kong, laws are established by the HKSAR legislature and enforced by HKSAR courts.
The judiciary encompasses courts and all relevant personnel.

Types of Law

Civil Law: Focuses on private rights and obligations; parties may include individuals or companies.
Criminal Law: Addresses prohibited conduct and punishment at a governmental level; punishments may include fines and imprisonment.

Civil Law Details

Covers various areas including contracts, torts, wills, property, and family law.
The goal of civil claims is to uphold rights and recover losses.
The plaintiff must establish their case on a balance of probabilities, proving their claim is more likely than the defendant's.

Legal Standards

Civil Law Standard: Balance of probabilities; evidence must favor the plaintiff's claim.
Criminal Law Standard: Beyond a reasonable doubt; prosecution must prove guilt without reasonable doubt.
The plaintiff and defendant roles are clearly defined in civil actions.

Legal Processes

A civil claim is a suit brought forward by the plaintiff against the defendant.
Different standards of proof apply in civil vs. criminal cases, affecting burden and consequences.

HKSAR Legal System

Operates under a common law system with two primary sources of law: case law and legislation.
Common law precedents are crucial in judicial decision-making.
Civil code systems rely solely on codified legislation, with judges interpreting but not creating law.

Contract Law Fundamentals

Offer and Acceptance: An agreement forms when one party accepts an offer, and terms must be communicated clearly.
Consideration: Both parties must provide something of value; past consideration is not valid.
Types of Consideration: Executed consideration (completed act) vs. executionary consideration (to be completed in the future).

Essential Contract Considerations

Contracts must demonstrate intention to create legal relations and involve parties with capacity to contract.
Deeds are specialty contracts that do not require consideration and are binding upon signing, sealing, and delivery.

Breach of Agreement

If an act is performed voluntarily before an agreement, it is not binding.
Changing terms after an initial agreement may not be legally enforceable unless supported by additional consideration or contained in a deed.

Conclusion

Understanding civil and criminal law, the standards of proof, and the contract formation process are critical in navigating the legal system in Hong Kong.

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Description

Explore the foundational concepts of law in Hong Kong with this quiz focusing on the legal system. Understand the meaning of law, its creation by authority, and the role of the judiciary in upholding laws. This resource is essential for students of HTMG3041.