Podcast
Questions and Answers
What is the burden of proof required for a prosecution in a criminal case?
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?
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?
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?
Which standard of proof is lower in civil law compared to criminal law?
What is a distinguishing feature of common law systems?
What is a distinguishing feature of common law systems?
Which of the following accurately describes the relationship of criminal and civil law regarding the same incident?
Which of the following accurately describes the relationship of criminal and civil law regarding the same incident?
What is the primary difference in parties involved in criminal law versus civil law?
What is the primary difference in parties involved in criminal law versus civil law?
In legal terms, what does 'precedent' refer to?
In legal terms, what does 'precedent' refer to?
What two characteristics define the concept of 'Law'?
What two characteristics define the concept of 'Law'?
In the hierarchy of legal matters, which type of law is primarily concerned with private rights and obligations?
In the hierarchy of legal matters, which type of law is primarily concerned with private rights and obligations?
Which of the following is NOT a component of Civil Law?
Which of the following is NOT a component of Civil Law?
What is the standard of proof required for a plaintiff in a civil case?
What is the standard of proof required for a plaintiff in a civil case?
What is the main purpose of bringing a civil claim before the courts?
What is the main purpose of bringing a civil claim before the courts?
In civil law, who is referred to as the person bringing the claim?
In civil law, who is referred to as the person bringing the claim?
How is a civil claim typically described in legal terms?
How is a civil claim typically described in legal terms?
What is the key difference between the standards of proof in civil and criminal law?
What is the key difference between the standards of proof in civil and criminal law?
What distinguishes executed consideration from executory consideration?
What distinguishes executed consideration from executory consideration?
Which of the following statements about past consideration is true?
Which of the following statements about past consideration is true?
What must be true of the consideration in a legally binding contract?
What must be true of the consideration in a legally binding contract?
Which statement accurately describes a deed in this context?
Which statement accurately describes a deed in this context?
In which scenario would there likely be no enforceable contract?
In which scenario would there likely be no enforceable contract?
What is a key aspect of consideration that is often misunderstood?
What is a key aspect of consideration that is often misunderstood?
What does it mean when consideration is described as 'sufficient but need not be adequate'?
What does it mean when consideration is described as 'sufficient but need not be adequate'?
Which example accurately reflects an executory promise?
Which example accurately reflects an executory promise?
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?
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?
When does an offer lapse if the offeror does not specify a duration?
When does an offer lapse if the offeror does not specify a duration?
What is a requirement for acceptance of an offer to be valid?
What is a requirement for acceptance of an offer to be valid?
What does the concept of consideration in contract law entail?
What does the concept of consideration in contract law entail?
If A promises to give B a gift without receiving anything in return, what is true about this promise?
If A promises to give B a gift without receiving anything in return, what is true about this promise?
What must occur for the revocation of an offer to be legally effective?
What must occur for the revocation of an offer to be legally effective?
What characterizes the process of acceptance in contract formation?
What characterizes the process of acceptance in contract formation?
What best defines executed consideration?
What best defines executed consideration?
In what scenario is an offeror legally required to keep their offer open for a specified period of time?
In what scenario is an offeror legally required to keep their offer open for a specified period of time?
What does 'consideration' refer to in the context of keeping an offer open?
What does 'consideration' refer to in the context of keeping an offer open?
What happens if the offeree accepts the offer after the offeror has revoked it?
What happens if the offeree accepts the offer after the offeror has revoked it?
What legal case exemplifies a situation where an offer was specified to remain open for a certain period?
What legal case exemplifies a situation where an offer was specified to remain open for a certain period?
Which statement accurately describes the status of an offer once the offeree makes a payment to keep it open?
Which statement accurately describes the status of an offer once the offeree makes a payment to keep it open?
Under what condition can acceptance be deemed valid?
Under what condition can acceptance be deemed valid?
What is the role of a reliable person in the context of offer revocation?
What is the role of a reliable person in the context of offer revocation?
If the offeror does not specify the duration of the offer, what happens?
If the offeror does not specify the duration of the offer, what happens?
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.
