Chapter 1 Flashcards
What do we mean when we speak about the law?
The body of general rules which governs and controls the behaviour of people in the country or sovereign state in which we live.
Where is English common law one of the major legal systems?
US, most old commonwealth countries (part of Canada, Australia, New Zealand and states in Africa and the Far East)
What is public law concerned with?
The legal structure of the state and relationships between the state and individual members of the communities. It also governs the relationship between one state and another.
Including: constitutional law, administrative law and criminal law.
What is constitutional law concerned with?
Structure of the main institutions of government and their relationships to each other. Treaties with foreign states; statues, function and powers of the monarch, members of parliament, government ministers, judiciary, civil service and armed forces.
What is administrative law concerned with?
A branch of constitutional law. Legal relationship between private citizens and the various agencies of local and central government.
What is criminal law concerned with?
The control of behaviour which harms or threatens the peace and stability of the community.
What is private law concerned with?
Relationship between legal persons such as Individuals, business and other organisations.
What are the most important branches of private law?
Contract, torts, trusts, property, succession and family
How do the law systems relate to insurance?
The legal rules which govern insurance are part of civil law (contract and tort are the most applicable)
What are the characteristics of English law?
Age and continuity (developed over 900 years)
Little codification (systematic collection of laws to avoid inconsistency)
Judge made law (binding precedent)
Independence of the judiciary
Adversarial system (neutral other than coroners court which is inquisitorial - violent cases)
No written constitution (freedom to do anything not prohibited by law)
Rule of law
WHat are example parts of English law that have been codified?
For civil law the law relating to partnerships, sale, sale of goods, bills of exchange and marine insurance.
What are the principles of the rule of law?
Powers exercised by politicians and officials must have a proper foundation and be based on authority given to them by law.
Law generally should be reasonably certain and predictable.
People should be treated equally by the law.
No one should be punished or deprived of there property
Every person should have right of access to the courts.
How did common law develop?
A single system of law developed after the Norman conquest in 1066.
The Norman’s wanted a strong central government which also developed the royal courts. The king sent the judges around the country to check on the local admin and this meant they gradually adopted the best customary rulings.
Any petition against the ruling went to the king and later the chancellor hence a court of chancery appeared.
How did equity develop?
The chancery court started getting a lot of power in the 1500s where conflict appeared. It was decided in The Earl of court case 1616 that equity should thus prevail when they conflict.
Equity gives our legal system the law of trusts, specific performance and injunction.
What are the two main sources of English law?
Legislation and judicial precedent.
What are the two minor sources of English law?
Local custom and legal books and treatises
What does the parliament consist of?
The House of Commons.
The House of Lords.
The monarch.
When is legislation called statute law?
In the case that parliament delegates its law making power to lesser bodies.
What can the act of parliament do do the law?
Create entirely new law
Overrule what already exists
Modify or extend principles of common law or equity
Repeal or modify existing statute law
When new legislation is introduced, how are the public or interested parties consulted?
Initially with a green paper which invites responses and is followed by a white paper which gives notice of a definite proposal. This is then drawn up in the form of a bill.
Public vs private bill?
A public bill effects the whole community where as private is passed for the benefit of a particular individual or group.
What’s the procedure for the enactment of public bills?
First reading
Second reading
Committee stage
Report stage
Third reading
This goes through the House of Commons and then again the House of Lords.
If it does not pass completely through a parliamentary session it lapses and must either start anew or be dropped.
What is meant by consolidating acts?
When all previous legislation on a subject matter are repealed and the Renacted under one logically arranged statute.
What is a codifying act?
Consolidating and then including principles from case law. Eg marine insurance act 1906
What is the permanent body called concerned with concerned with the modernisation of the law?
The law commission.
What are the most important forms of delegated legislation?
Statutory instruments - enabling acts
Orders in council - power concerning constitutional matters (originally the privy council)
Bye laws - authority given to certain bodies
