Common Law Flashcards
1
Q
The British Isles
A
les îles Britanniques = a geographical term
2
Q
British Isles
A
archipelago of over 6,000 islands
3
Q
are not part of the archipelago
A
The Channel Islands (îles Anglo-normandes)
4
Q
The channel Islands
A
much closer to France geographically
5
Q
Channel Islands (îles Anglo-normandes)
A
- the Isle of Man
- the Bailiwick of Jersey (le bailliage de…)
- the Bailiwick of Guernsey
*
6
Q
- the Bailiwick of Jersey (le bailliage de…)
A
le bailliage de…
7
Q
Channel Islands = British Crown Dependencies that are not part of the UK
A
but rather considered as a** remnants **of the Duchy of Normandy. They are self-governing entities with their own courts and legal system at the head of which is the Queen referred to as “our Duke” (in reference to the Duke of Normandy)
8
Q
Great Britain
A
= a geographical term = the largest of the British Isles.
9
Q
Great Britain
A
Includes three territories: **England **(capital : London), Wales (capital : Cardiff) and Scotland (capital : Edinburgh)
10
Q
GB
A
approximately, 60 million in population.
11
Q
The United Kingdom of Great Britain and Northern Ireland
A
a political term.
12
Q
The UK
A
4 nations
England, Wales, Scotland and Northern Ireland
13
Q
England, Wales, Scotland and Northern Ireland
A
UK
14
Q
Great Britain (=England, Wales and Scotland)
A
England, Wales and Scotland
15
Q
GB + Northern Ireland
A
UK
16
Q
To go to the polls
A
aller voter
17
Q
Polling station
A
bureau de vote
18
Q
Opinion poll
A
sondage d’opinion
19
Q
To call to the polls
A
appeler aux urnes
20
Q
Voting right
A
droit de vote
21
Q
Leading the polls
A
être en tête des sondages
22
Q
To be defeated at the polls
A
être battu aux élections
23
Q
Ballot paper
A
bulletin de vote
24
Q
Independence
A
que des « e »
25
Common law
England and Wales only
26
England and Wales
England and Wales have a unified legal system but not the rest:
27
Devolution
“decentralisation”, délégation de pouvoir
28
more thoroughly
plus en détail
29
historical landmarks
répères historiques
30
UK
sixty-seven million people:
England: 84%; Scotland: 8.4%; Wales: 4.8%; NI: 2.9%
31
Population/ UK
England: 84%
Scotland: 8.4%
Wales: 4.8%
NI: 2.9%
32
An aging society in UK
low fertility rate
33
low fertility rate in UK
More and more old people among whites.
Non-white communities are comparatively younger.
34
An increasingly multicultural society
uk
35
Britain seems to be a ‘closed’ country,
in fact it has always been a country of immigration
36
GB in fact it has always been a country of immigration?:
Celts, Romans, Angles, Saxons, Jutes, Vikings, Normans, French Huguenots, Jews.
37
House of Windsor
It's the current royal family of Great Britain that is German
38
House of Windsor was originally..
House of Saxe-Coburg and Gotha
39
GB and exchanges between the four nation ?
There were of course exchanges between the four nations, many people coming from Ireland in the 19th c.
40
Immigration in Britain : 1900' / 2000'
Eastern Europeans (Poles = les Polonais), French...
41
More recently extra European emigration has developed
**Caribbean people, Africans, Asians came after WWII**, a « new immigration » coming from** the Empire and the Commonwealth.**
For the first time, a large part of the immigrants were not white and not Christian.
42
Extra european immigration in GB
Many of these people are **second or third generation born in the UK** and see themselves ** alternatively as part British, part foreign or entirely British or entirely foreign.**
43
Each type of immigrant brought
new conceptions of the law and forced the law to adapt.
44
What kind of immigrants have had the greatest impact on the law?
Romans and Normans had the deepest influence.
45
The more recent influx of a large non-Christian, especially Muslim, population has led to interrogation about British identity and ‘Britishness’.
**British society can be described as multi-faith but also as secularised.**
46
multi-faith
multiconfessionel
47
Brit·ish·ness
**the quality of being British or of having characteristics regarded as typically British.**
48
Yet as a concession to Islam
sharia is now being used by solicitors (notaires) to interpret succession rules (wills) of Muslims.
49
Brexit : a spiny issue
question épineuse
50
Law
In English, the same word can refer to various notions.
51
Ø law
the legal system = le droit
52
To study law’
“faire des études de droit; “faire son droit” (vielli)
53
Ø law
la justice
54
an action at law
une action en justice
55
A court of law
un tribunal (=une cour de justice)
56
The law
la loi = the legislation
57
the set of rules which govern a specific society
la loi
58
to break the law
transgresser la loi
59
A law
une loi votée par le Parlement.
60
Synonym "a law"
**act**,
an act of Parliament = une loi parlementaire.
61
Synonym "a law"
**=statute**
a statute = une loi parlementaire.
62
Statute law
la législation parlementaire.
63
‘English law’
Le droit anglais est le système juridique de common law de l’Angleterre et du Pays de Galles,
64
‘English law’
all the statutes and decisions taken by judges. = “judge-made decisions” = this is what is called “common law”.
65
Common law was originally essentially based on
the interpretation of customs (=coutumes)
and pre-existing laws by judges.
66
Common Law = ≠ Roman law
= no codes of law as in France for instance.
67
a specific type of law :
the « Common law» = = ‘The law common to all’
68
Common Law, another term ?
‘case law’; slightly different but almost a synonym.
69
Rappels linguistiques : les majuscules en anglais :
les adjectifs ET les noms de nationalité !!!!
an **English **umbrella,
a **Spaniard**
a **Spanish** restaurant,
**un Écossais : a Scot** et non a Scottish as in a **Scottish restaurant **
70
Rappel orthographe : différences avec le francais.
independence,
responsibility,
correspondence,
to address someone,
to receive etc.
71
Rappel, les faux amis : **Actually et Eventually**
Actually : En fait,
Eventually : finalement.
72
Important : **revoir l’emploi des articles : Ø, a, the**
Important : revoir la distinction preterite/present perfect
73
law made by Parliament
Statute law
74
law made by ordinary courts
case law (or judicial precedent)
75
case law
common law
76
to denote contrast between two forms of civil law :
common law and equity (judge-made law : was created to make good the defects of the common law)
77
civil law countries
countries which have chosen the Roman model of codified law
78
countries which have adopted the common law system
*UK,
*US except from Louisiana,
*Canada, except for Quebec,
*Australia, New Zealand, Malaysia, countries in Africa, the Carribean etc.
79
Common law ≠ local law , why ?
Means the law of the whole land (commune ley)
80
common law ≠ statute law why ?
The law of the ‘**common man**’, not the law made by Parliament (=statute law).
81
Common law ≠ equity, why ?
The law **developed by judges for ‘normal’ people**, **not the law made by the Chancellor **
82
Common law ≠ **case law**, why ?
**includes common law and equity**
83
Where common law is not apply ?
Does not apply to Scotland, various reasons, various differences.
84
Where does the common law not apply in the GB?
Does not apply to Scotland, various reasons, various differences.
85
Peut-on parler de UK law ?
Oui pour les lois qui s'appliquent à **l'ensemble du Royaume-Uni** votées par le **Westminster Parliament** et les **décisions de la UKSC (The** **UK Continental Shelf),**
Pour le reste les décisions de la Court of Appeal of England and Wales ne s'appliquent qu'en England et Wales , même chose pour les décisions écossaises exemples: Abortion(avortement) INI, etc. ou UK Law : EEC(European Economic Community) Act 1972 ou décisions de la UKSC.
86
décisions de la **Court of Appeal of England and Wales** ne s'appliquent
qu'en England and Wales,
meme chose pour les décisions écossaises exemples: Abortion(avortement) INI, etc. ou UK Law : EEC(European Economic Community) Act 1972 ou décisions de la UKSC.
87
The purposes of law
**(European Court Human rights)**
ECHR
| Article 8 – Right to respect for private and family life
88
Equity (=legal category)
with Equity the claimant may obtain a legal remedy other than pecuniary
89
legal remedy other than pecuniary like what ?
like an injunction to fulfill one’s contractual obligations
90
Equity and Common law,
les deux relèvent de la jurisprudence et sont fondées sur la règle du précédent mais les règles d’Equity permettent de pallier les dysfonctionnements de la common law, par exemple le fait que selon la procédure de la common law, à l’origine, l’on ne pût obtenir réparation que sous la forme de compensation pécunaire.
91
dommages-intérêts
financial compensation/damages
92
breaches of contract
pour violations contractuelles
## Footnote
Si le seul octroi de dommages intérêts (compensation monétaire) ne suffit pas, le plaignant peut réclamer que le cocontractant remplisse ses obligations et le juge peut prononcer/accorder une injonction (=obligation).
93
Where do common law and equity proceedings take place?
Nowadays both procedures take place in the same courts (since the 1873 Judicature Act)
94
public law
relationship between the state and its citizens
95
private law =
rights and duties of individuals towards (vers) each other
96
tort
délit civil
97
criminal law
**offences against the state** (the case has to be proven beyond reasonable doubt)
## Footnote
**A body of rules and statutes that defines conduct prohibited** (comportements interdits, la conduite) **by the government because it threatens** (menacent) and **harms** (nuisent) **public safety and welfare** (safety = sécurité et bien etre=welfare - public) and **that establishes punishment **(peines) **to be imposed for the commission of such acts**.
98
civil law
- disputes between individuals (the case must be established on the balance of probabilities)
99
Civil law -> the case must be established **on the balance of probabilities**
Saying something is proven on a balance of probabilities means that it is more likely (probable) than not to have occurred (qu'il se soit produit). It means that it is probable. The probability that some event happens is more than **50%**. So mathematically proof on a balance of probabilities is 50.1% likelihood of something having occurred.
100
to be proven beyond reasonable doubt
This idiom is **most commonly used in the legal system to show proof** If somebody is to be judged guilty, he must appear **guilty beyond (au delà) a reasonable doubt** or **certainly guilty given (=compte tenu) the circumstances of the trial.**
101
substantive law vs
procedural law
102
The constitutional landscape
a constitutional monarchy and a parliamentary democracy.
103
Why Britain is a parliamentary monarchy ?
**the head of state is the monarch**
Monarchy: **‘government of one’ **
**type of pol. system where the political authority resides in one person.**
Common def.: ** pol. system where the Head of State is a hereditary king or queen.**
104
Monarchy but however..
in Western Europe, monarchs like Elizabeth II have little power left: **‘residual powers’** or **privileges,which are mainly symbolic**
105
to declare war
make treaties
take possession of or give up territories,
issue orders to armed forces,
control and manage the civil service.
Queen
106
opens and prorogues parliament,
appoints the Prime Minister,
opens and closes parliamentary sessions,
signs laws (royal assent),
she is head of the Anglican Church,
appoints archbishops (archeveques) and bishops (eveques) (on proposition by PM),
appoints ambassadors,
awards honours and titles (list given by PM), .
**The Queen has a power of consultation and advice for government**
Queen
107
“the United Kingdom has no constitution.” true or false ?
This is wrong. **The UK has a constitution but it is not written in the form of a single document **
**The distribution of powers is defined**. **They are codified through written sources which, put together, form a flexible constitutional system. Without such rules, there would be no state anyway.**
| = A constitutional monarchy
108
a monarchy can be a democracy.
true or false
true.
| GB is a parliamentary/representative democracy
109
In a representative democracy, the people elect representatives
to a Parliament or national assembly.
110
In Britain, it is the House of Commons to
which Members of Parliament are elected.
## Footnote
**Universal suffrage**guarantees the legitimacy of this parliament to vote the laws.
Citizens cannot influence legislation directly, but in return for being elected, the representatives are accountable to the people they represent, they must defend their interests, and stick to what they promised they would do. They vote the laws (the legislative power). **If they don’t they may not be re-elected later => a contract**
111
The party which holds the majority in Parliament forms
the executive (Cabinet)
| = A representative / parliamentary democracy
112
In a liberal democracy political authority
is based on popular consent = vote.
113
In a liberal democracy ... In GB
**Civil liberties** (**speech in particular…**) must be protected **at all costs** (=à tout prix) by **the rule of law** (l’Etat de droit).
In Britain, **individual freedoms** are guaranteed by **the law and by the courts** (=tribunaux)
114
Capitalist democracy
Limited intervention of the state in all matters (=matières).
--> economy: the market is the dominant force, state interference must be limited
=> in fact, the **mixed economy dominates**. **Rests on large middle classes**
115
How did Britain's constitution develop ?
In the UK, the constitution **has grown slowly** by the **accumulation** of
**- conventions,
- court decisions
- and law.**
116
Constitution def
- defines the structures of the state.
- It shares power among institutions, at various levels (national, regional, local), it defines the links between the various levels, the way to choose their leaders (elections), the relations between the State and the citizens, and with the rest of the world.
- A constitution (‘fundamental law’) has a value superior to other laws.
- It appears generally in **special circumstances** (a **political crisis, a war) **and needs special procedures to be changed (**a referendum, 2/3 majority of Parliament).**
117
sources of the constitution of GB, how much ?
4 essentially:
**1) Parliamentary laws
2) The common law
3) Conventions
4) International treaties and laws of the European Union**
118
Parliamentary laws, for example, which are constitutional laws
- Magna Carta, 1215,
- Habeas Corpus Acts 1640 & 1679,
- Bill of Rights 1689,
- Reform Act 1832,
- European Communities Act 1972,
- Human Rights Act 1998 etc.
119
common law as a constitutional source
**Legal decisions which have become legal rules established by the higher courts** (= tribunaux supérieurs) like the Court of Appeal, the House of Lords until 2009 and now the Supreme Court supposed to embody the values of the national community.
120
Conventions as a constitutional source
**Rules that are accepted by everyone but were never voted and cannot be enforced by a court of law**.
A convention is a practice which, through custom, is considered to be the appropriate behaviour or procedure to follow in given circumstances.
**Nothing written, but imposed over time, *sanctification of usage*, of something that works => *pragmatism*.**
| ***These conv. can be considered as antidemocratic bc they were never vo
## Footnote
For example, the rules of the monarchy are essentially conventional: Royal Assent.
121
International treaties as a constitutional source
these acts are considered as if they had been passed by the British Parliament.
122
‘Real’ power is exercised by
the legislative, the executive , and the judiciary powers, through institutions :
- **Parliamen**t, **government /Cabinet** and **courts of law**
Powers is exercised in the name of the monarch but the monarch doesn’t intervene directly.
123
Government involves (implique)
three main tasks, called powers: legislative, executive, judiciary
124
The legislative (power)
**the process of making laws**.
In the UK,** Parliament,** made of the **monarch,** the **House of Commons** and the **House of Lords**
125
The Executive
the **implementation (application) of the law**
**All agents of government**, especially the Cabinet **(20 main ministers around the Prime Minister)** , local government, civil servants…;
126
The Judiciary
the **enforcement of law** (=éxécution)
making sure that the law is respected and redressing injustices.
**Courts and police**
127
Three essential principles must be respected in a **democratic constitution**
**1- « the rule of law » (l’État de droit, la règle de droit),
2- Parliamentary sovereignty
3- separation of powers.**
128
The rule of law means
= la primauté du droit
**Laws apply to all citizens and to the state (or the agents of the state)**.
**‘No one is above the law.’**
129
Parliamentary sovereignty means
**That Parliament is the supreme lawmaker in the country.
Only Parliament can unmake a law that it voted.**
(This is a convention by the way.) (=sois dit en passant).
130
Separation of powers requires
**that the three powers do not overlap**(ne se sevauchent pas) **as much as possible.** They must be balanced so that not one of them dominates the other two excessively.
131
# Before Parliament
Between** 6-11th centuries (until 1066),** the Anglo-Saxon kings organised
The **Witenagemot (=“assembly of wise men”)** (=wise=sage) with the **most important noblemen and churchmen.**
132
# Before Parliament
After the **Norman invasion (1066) = 11th centuries** the **Witenagemot** was replaced by
The **king council*
133
# Before Parliament
members of king's council
**- nobles (landowners)
- his closest advisers
- ministers, in charge of daily administration of the kingdom and of voting taxes**
134
# Before Parliament
... are sometimes seen as the **first statute (law governing trial of ecclesiastics)**
The **Constitutions of Clarendon (1164)**
135
# Before parliament
**The Constitutions of Clarendon (1164) are sometimes seen as the first statute. But traditionally, it is considered that written law has existed since**
**1225, when the Great Charter (Magna Carta 1215) was reformulated under Henry III.**
The Great Charter was imposed on king **John Lackland** (1215) by his barons (brother of Richard the Lionheart).
## Footnote
**At the time, there was no real parliament. The King had two councils to help him govern.**
136
# Emergence of Parliament
Who was the first to summon (=convoquer) a ‘Parliament’
**Simon de Montfort**, who rebelled against Henry III, **in 1265**
| Summoned about 400 people
137
# Emergence of Parliament
Simon de Montfort summoned about 400 people, who ?
- **all the nobles,**
bishops and archbishops, abbots, members of the lower clergy, 2 knights (=chevaliers) for each shire (= comté).
- **two burgesses** from each city, known as the **commoners** (roturiers) **(=> formed the basis of the Commons later).**
These citizens were brought in because they represented the rich emerging “bourgeoisie” (merchants, traders, artisans etc.) = the emerging gentry = new = **not only the nobles and church were consulted.**
138
# Emergence of Parliament
Why Montfort summoned burgesses ?
**Wanted to consolidate his legitimacy by including people who did not support the king as much as the clergy and the nobles**.=> the **king’s council became more representative of the country,** as if the king needed the approval of the “people”.
***It did not replace the King's Council, it was just an additional institution.***
139
# Emergence of Parliament
When King Edward I, in need of money for war in Scotland, decided to summon a parliament ?
In 1295
140
# Emergence of Parliament
What happened in 1295 ...
**King Edward I,** in need of money for war in Scotland (cf. Braveheart), **decided to summon a parliament.** **A way to consolidate his authority and avoid the rebellion his father had faced.** (**father=Henry III).**
141
# Emergence of Parliament
Why Edward’s Parliament was called the “Model Parliament”
because future Parliament imitated its composition, but it sat only once for a few days.
Parliament then was summoned more regularly though **not every year**
142
# Emergence of Parliament
When for the first time, the Commons met separately ?
In 1341
143
# Emergence of Parliament
Commune
= community of the kingdom.
144
# Emergence of Parliament
This ‘**Lower Chamber’**became known as the **House of Commons** and the **‘Upper Chamber’** (nobility and clergy) became known as the **House of Lords** from
1544 onward
145
# Emergence of parliament
1544, HOC & HOL collectively known
as the Houses of Parliament.
146
# Emergence of Parliament
From 1544, The nobles (King’s Council) and the commoners (Parliament) discussed the king’s proposals
**separately.**
Quickly, their interests started to clash.
**Under Edward III (100 Years’ War), consent of Parliament became essential as the king was in need of money for war**
147
# Emergence of Parliament
Under Edward III , consent of Parliament became essential as
the king was in need of money for war
(100 Years’ War)
148
# Emergence of Parliament
At the beginning, **who presented the legislation** and then **who had the initiative of the laws** ?
At the beginning,** it was the king who presented legislation**, but **slowly, Parliament took the initiative of laws to be voted.**
149
# Emergence of Parliament
In the 15th century, the House of Commons ...
**took** (a pris, pris) **precedence over the Lords** (=préseance=droit issu d'un privilège de prendre place au dessus de quelqu'un) : **its consent was necessary before a bill** (=projet de loi) **was passed to the Lords**
150
# Emergence of Parliament
In the 16th and 17th century,
the modern procedure was adopted:
- presentation,
- 3 readings of bill,
- adoption by House of Commons and House of Lords, - King’s signature (royal assent).
151
# Emergence of Parliament
Definition legislation : 16th century
**Legislation became the deliberate adoption of specific proposals embodied in specific texts proposed by the Crown or its officers.**
152
# From king's power to Parliament's power
Parliament was the main counter power to monarchy until the ...
late 17th
153
# From king's power to Parliament's power
The tension between the crown and Parliament increased in the 16th and 17th centuries because
the kings (and Queen Elizabeth I) still held important powers but they had to obtain the support of Parliament for most things.
154
# From king's power to Parliament's power
In the 16th, parliament was summonded every
2 or 3 years
155
# From king's power to Parliament's power
Why the **tension reached a peak under king Charles I** ?
refused the control of parliament and did not summon the Commons for 11 years (1629-1640).
This ended in a revolution, the king was beheaded (1649) .
156
# From king's power to Parliament's power
The king Henri I was beheaded (1649) and Oliver Cromwell
imposed a **Republic (the Commonwealth)**
157
# From king's power to Parliament's power
When monarchy was restored in 17th century ?
1660, but it was weakened.
158
In the Glorious Revolution (no blood), the Bill of Rights ...
**granted** (a octroyé) **Parliament independence from royal absolutism** **(entrenched the superiority of Parliament)**
159
date of the Bill of Rights at the end of the glorious revolution
1689
160
After the bill of rights 1689
- The **king was no longer allowed to hold exceptional powers** (suspension of a law, exceptional justice, taxation…).
- **MPs were allowed to speak freely inside Parliament**.
- **Commons allowed to meet regularly.**
= **The Commons were now the dominant institution in the country.**
161
The royal prerogative after the bill of rights of 1689
- still exists but in a very limited number of cases
- Officially, for instance, it i**s the Queen who :
- summons Parliament every year,
- announces the govt's programme for the year (Queen's Speech),
- declares war,
- signs treaties etc,
- but it is at the initiative of the Prime Minister.**
162
# From private interests to public good:
In the second half of the 19th century
private legislation became a minor preoccupation while public general legislation **increased. (a augmenté)**
--> The number of acts grew to follow the **pace (rythme) of the industrial expansion.** **Urban dvt became an issue.** --> more and more acts were passed as the state took more and **more responsibilities to support public policies** (= politiques publiques) at **a national level** to **limit the nasty consequences of the Industrial revolution.**
163
What's the Public Health Of 1838
**public general legislation**
which created a **Central Board of Health (national central authority)** obliged municipalities to :
- organise **drainage** (cf. sewers = égouts),
- **water supplies **(=approvisionnement en eau) and street cleaning **to avoid epidemics** (cholera eg).
164
What has created the Public Health of **1838**
a Central Board of Health
165
In the 20th century, legislation reflected
** the devt of social policies and exploded literally:**
- health,
- education,
- direction of the economy,
- administrative reform.
The creation of the Welfare State in 1945 needed a large number of laws.
166
création de l'état providence
** Welfare State** in **1945** needed a large number of laws.
167
conditions representative democracy :
| 9
- Universal suffrage
- Free and fair (=équitables) elections
- Several parties
- Free media to make programmes of all parties public.
- An opposition is allowed (=autorisée) in Parliament to defend other points of view.
- Separation of powers
- the MPs are accountable to their electors and supposed to act in a way that satisfies them.
- Regular elections
168
Who may vote in the general election?
All British subjects and citizens of the Irish Republic residents in the UK aged 18.
169
Who may not vote in the general election?
| 3
- the Queen,
- those who lost their civil rights, like convicted offenders detained in prison, people guilty of corrupt or illegal practices, insane people detained under mental health legislation.
- Members of the House of Lords are also forbidden to vote.
170
Voting is
voluntary, not compulsory.
171
Voting day
Thursday
| jeudi
172
Vote by proxy and postal votes
are allowed
(postal votes: 20% in 2010)
## Footnote
proxy = quelqu'un qui se déplace pour nous
postal = on envoie si absent
173
When do people vote?
MPs are elected for 5 years.
## Footnote
Until 2010, the **Prime Minister could choose to dissolve the H. of Commons when he wanted to.** This is not longer the case: **the 2011 Fixed-term Parliaments Act prevented the dissolution of the Commons before the five years.** When an MP dies or retires before the end of Parliament, a by-election occurs to replace him or her. By-elections are considered as major tests for the government because voters can send a message to their leaders.
174
he 2011 Fixed-term Parliaments Act
prevented the dissolution of the Commons before the five years
175
The candidates: Who may stand in an election?
All British subjects and citizens of the Irish Republic residents in the UK, aged 21 or over
176
Who can’t be a candidate?
**Almost all candidates are chosen by political parties.**
A candidate needs **the signature of 10 electors from his constituency** (=circonscription) to be candidate.
In order to make sure that only “serious” people apply candidates must also **deposit (a deposit: une caution) £500** which **will be lost if they fail to gain less than 5% of the vote.**
177
# The first-past-the-post system (FPTP)
The first-past-the-post system (FPTP)
Scrutin uninominal majoritaire à un tour
178
first-past-the-post system
**is a ‘simple majority’ system**
**On election day (=le jour de l'élection) the candidate with the most votes wins.
The country is divided into constituencies returning (réeelisent) one MP each.**
## Footnote
650 in 2010, England: 533 MPs /Scotland : 59/Wales 40 /Northern Ireland 18
179
FPTP gives
an advantage to the strong parties and limits the influence of the weak parties.
180
FPTP Advantages
| 3
-** easy to understand: ** the voting procedure is transparent, voters are asked to make a clear political choice. There is not **bargaining (=négociations)** between parties before the election.
**FPTP allows for strong government.** Strong links between MPs and **constituents (= voters)** exist. **People know their MP and can contact him/her easily to express their grievances.** An **MP represents all the people living in his/her constituency,** not just those who voted for him.
- FPTP works!
181
FPTP Drawbacks
| 6
- it is a minority’s choice, not a majority’s choice.Works against smaller parties = electors know it is useless to vote for them , because they will never get a majority in Parliament to govern the country.
- **Marginal seat are excessively important.**
- The **links** with MPs are not **as strong as they seem. No MP can really represent every constituent.**
- FPTP is **not really representative**. Most Mps(members of Parliament) are **part of the social and educational elite and don’t reflect the aspirations and needs of the mass of the population.**
- Only the **two major parties can actually claim to get to power**, even if the Lib-Dems have been on the rise recently.
- The system **doesn’t encourage women and ethnic minority candidates.** Only 127 women were elected in 2005 (just under 20% of the total), 144 in 2010 (22.2%).
## Footnote
Many people wanted a reform of the system and introduce proportional representation.
182
# Drawbacks
**hung** parliaments def
(= parlement minoritaire)
**When a general election results in no single political party winning a majority** of MPs in the House of Commons, the situation is known as a hung Parliament.
## Footnote
Voter’s apathy (=désinteret)
183
dates hung parliament
2010/ 2017 / 2018
184
After 2017 snap election results (with again a hung parliament)
A **confidence and supply agreement** with the **DUP (Northern Ireland Unionist party)**
185
Solutions to a hung parliament
- is a **formal coalition with other parties**, in which the coalition partners **share ministerial jobs** and **push through a shared agenda.** (=font passer un programme commun,partagé).
- a **“confidence and supply” agreement**: the **smaller parties agree to support the main legislation**, such as **a budget and Queen’s speech** put forward by the largest party, but **do not formally take part in government.”**
186
Une loi votée par le parlement
An act
(of Parliament , a statute )
187
Parliamentary law
statute
188
law-making
légiferer (parliament)
189
member of Parliament
un député (**house of Common only)**
Seulement de la chambre basse quand on dit ca
190
a bill
un projet de loi
191
a department
un ministère
192
the Crown
The state
193
Each parliament is usually divided into
5 parliamentary years called “sessions” beginning and ending in the spring.
194
When parliamentary sessions begin and end ?
**sessions beginning and ending in the spring**
195
What's a sitting ?
A sitting is **a meeting of either house** at the end of which **the house adjourns,** until the next sitting.
## Footnote
A sitting is used as a term for a meeting of a committed person. (réunion de personnes engagées).
196
adjourns
renvoyé à une autre date de réunion
197
# The functions of parliament
Law-making
**Laws define rights and duties of the citizens and of the state.**
**90% of laws come from the government.**
**Government is formed by the party that has won the general election.**
🡪** Laws reflect the programme and ideology of the winning party.**
198
# The functions of parliament : law making
Government is formed by
the party that has won the general election.
🡪 Laws reflect the programme and ideology of the winning party.
199
# The functions of parliament : Taxation
Taxation
= levée de l’impôt
200
# The functions of parliament :
Taxation
**Parliament votes the budget (=money bills) to provide the government with money to spend**.
*Historically, kings summoned Parliament to obtain financial resources (for war especially).*
201
# Functions of parliament : taxation
money bills
(projets de loi de finances)
202
# The functions of parliament
Legitimacy
- The people elect the Commons = legitimacy
- **If the government loses the support of Parliament, it must resign.**
- Once law is passed, it must be accepted and respected by all at least **until a new parliament decides to change the law.**
203
# The functions of parliament
To pass a law
= adopter une loi
204
# The functions of parliament
To repeal a law
= abolir une loi
205
# The functions of parliament
Representation
MPs elected by the people in the country = they **hold (tiennent)** the **power given by the voters** and **represent them and their interests. **
206
# The functions of parliament
Scrutiny and influence trad
Scrutiny = examination critique
207
# The functions of parliament
The functions of parliament
**Parliament overlooks and controls government** :
- policy proposals,
- executive actions
- expenditure (public money)
**by looking at accounts and asking questions to the Cabinet members, including the PM**
208
# The functions of parliament
Deliberation
= Parliament is a place of free debate.
= **Parliamentary privilege = complete freedom of speech** (d'expression) **inside parliament,** - - **legal immunity**. (legal=juridique)
- Police cannot enter.
209
Bicameral system
House of Lords + House of Commons
210
HOUSE OF COMMONS, How many MPS ?
650 MPs elected for 5 years during the General Election.
211
Party with majority in seats
forms the gvnt.
Leader of the majority party becomes PM.
212
All government members belong
**to Parliament as MPs or Lords = legitimacy.**
213
who initiate most legislation ?
Government initiates most legislation.
214
layout
disposition
215
The layout of the commons is very
=/= from the French or American hemicycle
216
describe the layout of the commons
two sets of **benches** facing each other, a disposit° which reflects the 2 parties system.
| It’s an indicat° of the “confrontational” nature of British politics
## Footnote
Officially, there is no left and right in Britain, although this terminology is employed.
**Right of the speaker = majority and left = opposition**
217
Officially there is a left or right in Britain?
| left =gauche
Officially, there is no left and right in Britain, although this terminology is employed.
**Right of the speaker = majority and left = opposition**
218
Why this layout for the commons ?
the commons sat in a church between **1547 and 1834**
After the fire destroyed it, a new chamber was rebuilt which kept the same layout (=disposition).
219
the commons sat in a church between
1547 and 1834.
220
The front benchers
ceux assis devant
## Footnote
- ministre du gouvernement, soit un porte-parole du cabinet fantôme de l’opposition.
221
the backbenchers
= derrière.
gens du côté de la majorité et de l’opposition ms st + indépendants
222
Au milieu à droite au parlement
le PM
223
En Face du PM
the shadow PM (l’opposition)
224
Speaker of the House of Commons
Le président de la Chambre des communes
225
Whips
ceux qui assurent la discipline politique = voter selon le programme de leur partie
226
the mace
La masse/massue au Parlement est le symbole de l’autorité royale et, sans elle, aucune des deux Chambres ne peut se réunir ou adopter des lois.
## Footnote
La chambre des communes en a 1 et Lords 2
227
Le public en haut
on peut assister aux débats parlementaires.
228
Symbolically, the ‘spiritual side’ used to sit
to the right of the Speaker,
**and is now where government members and majority members sit. **
229
Who is sitting next to the president Sir Linday today
- government members
- and majority members.
230
Maiden speech
**first speech**
231
cuir des sièges des communs
Cuir noir
232
cuir de la house of lords
rouge
233
how much lords
**791 members.**
Unelected members : hereditary or appointed (life peers).
234
The ‘Lords spiritual
the **26 highest Anglican churchmen of the kingdom**
## Footnote
Archbishops of **Canterbury and York** as well as **Britain’s 24** bishops).
235
The ‘Lords temporal’:
all the other lords who were **either hereditary or life peers.**
236
Qui est inclue dans les lords temporels précisément ?
- **Hereditary peers, 92**
- the aristocrats, (=pairs à vie)
- Technically, **all the princes of royal blood** (Prince Charles for example) **could sit but in fact never did to respect their neutral position in public life**.
237
NB : house of lords
**could not be elected to the Commons unless they choose to renounce their title.
However, they could still pass on their title on to their heirs.**
238
Ex Lords who chose to renounce his title
**Alec Douglas-Home, the 14th Earl (=comte) of Home, who gave up his title to become MP and Prime Minister in 1963**
239
Alec douglas home
Prime Minister in 1963
240
ex de lord spirituel
bishop of london
Reverend Dame Sarah
241
ex life peers
| 2
- **Baron Laurence Olivier** (grand acteur brita)
- **Baroness Randerson of Roath park** park in the city of Cardiff, first female Welsh lib-democrat (life peers).
242
who is Baroness Randerson of Roath park ?
first female Welsh lib-democrat
life peers
243
Who appoints life peers?
King, under the advice of the Prime Minister
244
Common law and statutes are
complementary.
The number of statutes has become considerable, but even if the whole of statute law was completely abolished, common law would still be enough to cover most of the cases.There would still be a body of law to regulate life in society.
If statute law was the only one to remain, justice wouldn’t be able to function properly.
245
to remain
rester
246
qu'est ce qui couvre le plus entre les lois et la jurisprudence ?
| statute/common law
common law
247
# Statute law : different types
two types of statute law
Private bills vs public bills
248
Private bills, que dire de manière général ?
**very complicated procedure to be presented to Parliament and voted.**
249
Public bills, que dire de manière général ?
- portée générale sur tt le pays : **deal with matters of public importance.**
- They are **intended to change the general law of the whole country.** **Generally introduced by the government. **
| deals= traite , matters = questions
250
What is a private bill?
| 3
- Local bills deal with **land planning (=aménagement du territoire)**, bridges, canals, roads…
- **deal with the powers of the local authorities and the rights of corporate bodies**
- **Personal bills deal with personal matters**, especially citizenship, name changing, divorce, estate, property… **They are now pretty rare**
251
What is Public bills ?
- Money bills deal with budget, expenditure of public money
- Non-money bills with other matters.
252
the House of Lords can defeat a Finance Bill (government budget) ?
cannot, Lords peuvent bloq lois pdt un an ms pr les lois concernant le budget, c 1 mois max.
## Footnote
Au RU, il y a pas eu de destruct° de l’ancien système : il y a même des vestiges du Moyen Age.
253
most legislation is introduced by
members of the government = Government bills
254
a government bill part of the election manifesto is
never defeated at a second hearing (=2nd audience) (but may be later on).
255
Private member’s bills :
bills introduced by individual members, generally **backbenchers.**
256
# private member's bills (=projet de loi d'initiative parlementaire)
Many MPs apply but a **draw (tirage au sort)** is held to choose .... How much MPS ? When ?
**20 of them at beginning of each parliamentary session, **
-> "ballot bills" . They can defend their law.
257
Ballot Bills
- type of Private Members' Bill used in the House of Commons.
- backbench MPs are invited to enter their names into a **ballot. (=bulletin de vote)** : MPs who are lucky may each bring in a **Bill of their choosing, known as a Ballot Bill**. --> **priority over other Private Members' Bills** when time is allocated for debates and so have **a better chance of becoming law. **
258
Friday afternoon is reserved for
private Members’ Bills.
259
The “ten-minute” rule
MPs have 10 min to defend their bill.
260
A famous private member’s bill
the Death Penalty abolition bill, Sydney Silverman 1955, eventually made it through Parliament in 1965 !
261
the Death Penalty abolition bill,
**Sydney Silverman ****1955,** eventually made it **through Parliament in 1965 **!
262
# From Bill to Act : the law-making process
How many steps ?
5
263
5 steps from bill to act
1. First reading
2. Second reading
3. Committee stage:
4. Report stage :
5. Third reading and royal assent :
S’ils n’arrivent pas à se mettre d’accord, le projet de loi tombe à l’eau.
264
First reading
the title of the bill is just read out to the Common.
265
Second reading
**The bill is debated ‘on the floor’ of the house.**
- The minister responsible for the bill defends it.
- The opposition gives its opinion and can attack the bill.
- Then, the speaker asks supporters to shout “Aye” and opponents to shout “No” (in Lords, content or not content).
- If the outcome is unclear, he asks for a vote
**(‘Division. Clear the Lobby’)**
=> **simple majority. **
The bill can be rejected. Les gens vont ds le couloirs des oui ou des non.
Une personne vient enregistrer les votes.
« oui » signifie que le projet de loi peut passer à l’étape de** l’étude en comité **: « les oui l’ont ».
266
Committee stage
specialists discuss on the law.
267
Report stage
committee reports what happened during its discussions
268
Third reading and royal assent
the bill is presented in its final form. Only very minor changes.
269
The hunting act 2004 blocked by Lords
interdit la chasse à cour
270
quelle loi interdit la chasse à courre ?
The hunting act 2004 blocked by Lords
271
Date d’entrée en vigueur loi
moment où le texte reçoit la signature de la reine.
272
How to accelerate the debates?
- guillotine' motions
- The kangaroo
- closure motions
273
The kangaroo
on saute des passages de la loi.
we’re skipping parts of the law.
274
The guillotine motions
time required for each item
## Footnote
Ces dernières années, elles ont été remplacées par des motions de programme qui fixent un calendrier plus détaillé pour chaque étape d’un projet de loi émanant du Gouvernement à la Chambre des communes et qui sont présentées dès qu’un projet de loi a franchi l’étape de la deuxième lecture.
275
The closure motion
vote pr arrêter les débats
276
How to slow down the debates
Filibustering
277
Clauses of the bill
articles de loi
278
The provisions
les dispositions
279
**enacting formula**, enacting words , enacting clause
Short phrase that introduces the main provisions of a law enacted (=promulguée) by a legislature.
= souvent la source d'ou la loi tient son autorité
280
enacted
= promulguée
281
a short phrase that introduces the main provisions of a law enacted by a legislature.
enacting formula
282
**representation of the People Act,**
(=lowered the voting age to 18)
1969
283
The Human Rights Act
1998
284
1998 act
The Human Rights Act
285
1969 act
representation of the People Act
286
The Freedom of Information Act
2000
287
2000 act
Loi sur l’accès à l’information
288
Loi de 2005
The Constitutional Reform Act
289
PQT
parliamentary question time.
290
The Constitutional Reform Act
2005
291
# A brief history of case law (=jurisp)
Based on
**customary rules** (procedure and laws! ) which Vikings or Anglo-Saxon kings applied in their regions.
292
# A brief history of case law
Some rules were common to several parts of the country, but
not always.
Anglo-Saxon and Vikings shared some legal principles.
Historically, William Ist started a process of centralisation.
293
# A brief history of case law
Who was the first to initiate a process of centralization for case law?
**William I**
= william the conqueror
-> The domesday book
294
Date of The domesday book
fin de l'enregistrement du grand inventaire de l'angleterre en 1086
295
domesday book, c'est quoi ?
on a enregistrer les gens pour savoir qui posseder quoi, equivalent du recensement national
296
Until ???? **trial** was by **ordeal** (=épreuve)
= the judgment of God would find an expression in the outcome of an ordeal the accused had to go through, for instance walking 9 feet with a hot red iron in one’s hand.
Until 1215,
297
ordeal
épreuve, calvaire
| boiling water, fire...
298
There, the sign of God on which the verdict depended was clinched to
how quickly and properly the around healed ordeal
299
Emergence of the Common law represents
the assertion and affirmation of a central sovereign power.
300
William I sent ???? aristocrats to deal with important civil and criminal matters (matières) in the local “shire courts” = “itinerant Justices” were also called Justices in Eyre.
| “shire courts”= tribunaux de comté
Norman aristocrats
301
“itinerant Justices”
| justices = juges
= "Justices in Eyre."
302
Why Justices in Eyre. ?
- in Medieval England, Justices Eyre were groups of **itinerant** (that is **journeying)** (=voyageurs), **judges who brought the King’s Law into the 6 circuits, or eyres they served.**
- The word “Eyre” was derived from the **Old French** **“erre”, to journey**.
- These errant, or itinerant, judges were **commissioned by the King and had, in essence, the powers of the King behind them.**
303
These errant, or itinerant, judges were
**commissioned by the King and had, in essence, the powers of the King behind them.**
304
William I e tried to bring together ...
Norman and local legal traditions and practices under his authority. However, it didn’t always work well : local customs and courts remained powerful.
305
Henri II, Plantagenêt ,1133-1189
- first of the Angevin kings
- reinforced the system.
- Father of Common Law.
306
Why Henri II is like father of Common Law ?
- Circuits (“the Eyre”) regions where** 4 judges** traveled going from town to town.
- **Magistrate (local) courts** (tribunaux de premier instance) were created that hook off some of the work of the royal courts and made justice easier
307
Magistrate courts
tribunaux de premier instance
308
3 main courts of Common Law
- The Court of Common pleas
- The Court of the Exchequer
- The Court of the King’s Bench
309
These judges selected the best customs and decided that they
should be used by all judges throughout the country.
The law became uniform or common to the whole country => “Common Law”.
310
To allow
permettre, autoriser
311
A Norman
French expression,
a member of a group of people from Northern France, especially those who **invaded England in 1066** and became its rulers (=dirigants). The Anglo-Saxons were defeated by the Norman.
Norman were descendants of Vikings settlers (=colons vikings) in Northwestern France.
312
« Treatise on the laws and customs of the Kingdom of England » (vers 1188).
Ranulf de Glanville
## Footnote
His treatise is one of the books of authority that is also part of Common Law.
This book was the first systematic codification of English law
313
Writs :
une requête
314
Writ of summons :
assignation en justice
315
# The benefits of Common Law
allowed Henri II
to assert his power at a time of civil war and anarchy.
316
What show the common law of the country ?
Country’s “collective legal wisdom"
317
legal certainty
sécurité juridique
318
Fauconnerie
In the Middle Ages, sometimes legal obligation = to give a hawk (=faucon) every year.
319
New Windsor Corporation V Mellor 1974,
**a local authority,** was not allowed to build on land because **the local people proved that they had seen using the land for lawful (légaux) sports for a very long time. **
320
lawful
légaux
321
to settle disputes
résoudre les litiges
322
trespass
intrusion sans autorisation sur un domaine privé)
323
Litigation
= disputes = litiges
324
any cost
à tout prix
325
# The failings of Common Law : Inadequate
Common law was essentially a way of solving disputes between people.
Judges wanted to find a way to settle disputes (= résoudre les litiges) but not really to find an equitable solution.
They just wanted to find a remedy.
Judges concentrated more on the procedure than on the substance (= le fond) of the case.
The only thing that mattered was to find a solution at any cost.
Les personnes déçues se tournent vers le roi, Dieu = pouvoir fort.
326
# The failings of Common Law : Rigid
- one small mistake in the formalities (wrong name for ex) or in the paperwork and the person lost his case and had to start again.
- Judges were forced to use the existing procedures, the doctrine of precedent and could not really impose new ones.
---> The doctrine of precedent was based on “stare decisis” : “stand by what has previously been decided” (no change). Judges could only use what was available (disposition) to them.
327
# The failings of Common Law : Defective Royal writs
What is a writ ?
Writ : **a sealed letter issued in the name of the King by the Chancellor informing a person that another person had a complaint against him and was going to start an action.**
= assignat° ou bref
328
There was a specific writ for
**each complain
Any action at law had to begin by the issue of a royal writ. (delivrance d'un bref royal)**
329
What’s contain the writ?
- allegation of the wrong
- for which relief
330
It was essentially to choose the correct writ or the plaintiff would be
nonsuited (sans suite)
331
all forms of action were covered?
| (concerning writ)
- a common law existed only if a writ was available.
- If there was no writ where the claimant could fit his claim, he could get not justice, he had no case.
332
quid des dommages collatéraux ?
Pas de dommages et intérêts
if smoke from a fire made by someone on his land invaded your land, there was nothing you could do.
333
quid des dommages collatéraux ?
Pas de dommages et intérêts
if smoke from a fire made by someone on his land invaded your land, there was nothing you could do.
334
PRICE OF WRITS
Writs were expensive. Sometimes, more expensive than the damage = it was useless to sue.
335
Bribery of witnesses
subordination de témoins
336
support ur case
affaire
337
jurors
jurés
338
In 1346, judges
were obliged to swear
339
delay
retarder
340
# Important people influencing common courts : bribery and corruption
It was possible to delay (= retarder) justice by arguing that
were sick or that you could not come to court for natural reasons (bad weather, road cut off, bridge destroyed by a storm…). Generally, justice favored the rich and powerful.
341
# Common law awarded only damages, i.e financial
To award
to give (accorder)
342
Damages
financial compensation (dommages-intérêts)
343
if the defendant was **found liable**
= responsible
344
plaintiff
=claimant
345
# The failings of Common Law
Disproportionate verdicts
Verdicts were often hard, disproportionate = considered as unfair.
**The poorer people were often incapable of paying the penalties imposed on them because they exceeded what they owned. **
346
# A new approach : ideals of fairness and justice : Equity
More and more people condemned by common law judges started to
petition the King directly to obtain a more equitable decision (= EQUITY).
347
To petition
= adresser une pétition, formuler une requête auprès de
348
Right of petition
fundamental right in England.
349
# A new approach : ideals of fairness and justice : Equity
1) The King
"fontain of justice"
**he could not tolerate injustice in his kingdom**. He could not refuse to** examine these demands** after they were rejected by other courts = **ultimate solution** = **reinforced royal authority.**
350
to rule
pour regner
## Footnote
He had the powers to rule on judicial matters with his council. He often sat as a judge.
351
# A new approach : ideals of fairness and justice : Equity
1) The King
Because of the growing number of cases, ??? delegated this power to his highest minister, the Chancellor, on the 14th.
Edward III
352
"Honi soit qui mal y pense »
devise de l'ordre de la Jarretière, le plus important ordre de la chevalerie britannique1.
## Footnote
plus élevé des ordres de chevalerie britanniques, fondé le 23 avril 1348 le jour de la Saint Georges, en pleine guerre de Cent Ans, par le roi Édouard III1.
353
Chancelier de l'Échiquier actuel
Jeremy Hunt
= le ministre du gouvernement du Royaume-Uni
354
premier ministre du RU
Rishi Sunak
355
# 2) The Chancellor
By the 15th century, people petitioned
the Chancellor directly.
356
Chancellor (def)
**head of the Chancery Office (=the royal secretariat)** where all official documents were prepared.
**Known as the Court of Chancery when it dealt with legal cases.**
357
The chancellor studied
**civil law (Roman law)**and **canon law (= religious law).**
Originally, he was both a **lawyer and a priest.** (=pretre)
357
The chancellor studied
**civil law (Roman law)**and **canon law (= religious law).**
Originally, he was both a **lawyer and a priest.** (=pretre)
358
The Chancellor was in charge of
issuing (délivrer) the writs : he knew what the problems were.
359
To issue a writ
délivrer une assignation ou un bref
360
As an ecclesiastic, the Chancellor put
**moral considerations above all**.
He was generally a bishop (= évêq), = a religious person, who was generally **good and lenient (= indulgent) to (= envers) the poor**, with a reputation for fairness.
361
fairness.
equité
362
A quel siècle Edward III delegated this power to his highest minister, the Chancellor ?
on the 14th.
363
Chancellor started to administer a parallel system of
civil law which emphasized (=mettait l'accent ) “equity” over application of the law.
364
Un des chanceliers les + connus :
Sir Thomas More (1478-1535)
365
Equity procedure plus simple que les brefs :
- Proceedings didn’t start by a writ.
- The plaintiff just had **to send a letter (= petition, bill)** explaining his case, in his own words, giving names and details. There was no particular requirement (= exigence).
- The petition did not have to comply with (to conform to) any particular form or format.
- Then, the Chancellor sent the defendant a copy of the petition with a writ of subpoena ordering the defendant to come before him in court.
366
writ of subpoena
assignation à comparaître
367
HEARINGS
AUDIENCES
368
Hearings sometimes took place at
the home of the Chancellor himself.
369
compulsory
obligatory
370
If a witness refused to come to court, it was considered as
contempt of court
371
contempt of court
outrage à la cour
372
contempt of court punished by
A fine or prison.
373
a fine
amende
374
Disobeying a direct order given by the Chancellor was a
crime.
375
Equitable remedies are obligatory ?
No **are discretionary** (= relèvent du bon vouloir du juge qui peut ou non l’accorder en fonction des situations).
376
The **Chancery Division of the High Court** has **exclusive jurisdiction in cases**
of **Trust** where the Common Law provides no remedy.
377
The Chancellor could issue
| 3
- A “**decree of specific performance”** : the defendant was asked to perform his obligations
- an **“injunction**”, an order requiring the person to do or not do an act so as to redress the wrong done
- A **rescission and rectification of contract**,
378
To rescind
résilier
379
his assets seized
biens saisis
## Footnote
(possible si non obeis au chancelier)
380
6 maxims of equity
* Equity will not suffer a wrong to be without a remedy
* Equity follows the law
* Equity looks to the intent rather than the form
* He who seeks equity must do equity
* He who comes to equity must come with clean hands
* Delay defeats equity
381
# Historical development of equity
Originally, equity was different from the common law, but it was also
judge-made law.
(=les juges font la loi, = du common law et pas la loi du parlement)
382
# Historical development of equity
How many petitions were presented until the 15th to Chancellor ?
Few petitions were presented until the 15th, but their number increased dramatically in the 16th
383
# Historical development of equity
What happened when the number of petitions increased considerably on the 16th?
the Chancellor **stopped looking at each individual case specifically** but** ruled according to a number of rules of equity which served as reference. **
This also provided more **consistency (coherence).**
384
# Historical development of equity
consistency
(coherence).
385
# Drawbacks of equity
- Equity itself became very rigid and lost some of its flexibility.
- It was not bound by the rule of precedent which made it very uncertain for the plaintiff. Equity depended a lot on the personality of the Chancellor => subjective and unfair as well ?
- En cas de litige, equity permet aux juges de suivre des procédures =/= avec des « remedies » qui st alternatifs.
386
les 2 systèmes (common law + equity) fusionnent et les juges vont pouvoir utiliser l’un ou l’autre ds un même procès.
1873
387
Clogged
bloqué
388
Les indénombrables (au QCM)
** ∅, some ou little
Any, much** c'est tout
## Footnote
∅ Furniture (a piece of)
∅ News (a piece of, some)
∅ Luggage (My luggage is in the car)
∅ Evidence (there is little money on the table)
389
The Supreme court
The final court of appeal **for all United Kingdom civil cases** and **criminal cases from GB **
390
Court of Appeal
* Criminal division
(appeals from the Crown court)
* Civil division
(Appeals from the High court , tribunals and certain cases from County courts)
391
# High court .
Administrative court
.....Appellate courts supervising the legality of actions and decisions of courts, tribunals, lower authorities , ministers of the crown and others publics body and officials
392
# High Court
Queen's Bench Division
* contract and tort
* commercial court
* admiralty court
393
High court
- family division
- divisional court : appeals from the magistrates courts
394
# High Court
Chancery division
- équity and trust
- contentious probate
- tax partnerships
- ankruptcy
- companies courts , patents court
395
# High Court
divisional court
appeals from the county courts on bankruptcy and lands
396
contentious probate
homologations ligitieuses
Fait d'homologuer, de rendre exécutoire des actes après examen par l'autorité compétente.
397
bankruptcy and lands
faillite et terres
398
Crown Court
- trials of **indictable** offences , (**infractions punissables)**
- appeals from magistrates courts ,
- case for sentence (affaires de condamnations)
399
Magistrates' courts
* trial of **summary offences, (délits mineurs**)
* ** committals (=renvois)** to the crown court
* family proceedings courts and yourth courts
400
summary offences,
délits mineurs
401
county courts
majority of civil litigation subject to nature of the claim
402
Tribunals
Hear appeals from decisions on :
**immiration, social security, child support, pensions, tax and lands**
403
indictable offenses
offenses criminelles
404
Crown court =
pénal
405
Qui intervient dans les magistrates courts ?
petites cours où n’interviennent **q des gens qui ne st pas juristes **⬄ des civils.
**98 % des affaires sont non graves. **
Activité bénévole.
406
Ou est utilisée la méthode inductive et déductive ?
Déductive : France
Inductive : GB
407
Déductive
On applique **vers le bas** des grands principes abstraits. = on déduit de ces principes
We apply **down** major abstract principles. = we deduce from these principles
408
Inductive
décisions de justice ont forces de loi et deviennent des grnads principes
= court decisions have the force of law and become major principles
## Footnote
on est dans un cas précis avec une décision de justice qui va devenir un grand principe à la fin du procès
409
**Lord High Chancellor ou Lord Chancellor**
Dominic Raab
= **custodian of the Great Seal** (=garde de sceaux) + **secretary of state for justice. **
(=dirige ministère de la justice)
410
Dominic Raab
The lord Chancellor :
- custodian of the Great Seal
- secretary of state for justice.
411
creation of the Supreme Court.
by Constitutional reform act 2005
412
president of the UK supreme court
Lord **Reed of Allermuir**
baron reed d'Allermuir
413
Lord Chief Justice
**chief of the judiciary power in England and Wales**
414
how many judges at Supreme court ?
12 juges
Nommé par Le roi, sur le conseil du Premier ministre
415
Breach of the law
violat° de la loi
416
Breach of contract
inexecution de contrat
417
Breach
violation, manquement, rupture
418
# Common Law remedies : damages : pecunary relief
liquidated damages
- contrat -> liquide la somme prévue
- tribunal fixe somme compensatoire, pas pour pénaliser mais compenser la partie perdante
419
# Common Law remedies : damages : pecurnary relief
general damages// special damages
| general damages c'est quoi
une somme non quantifiée en ce qui concerne les impondérable
420
# Common Law remedies : damages : pecuniary relief
special damages
ceux que l’on peut calculer et prouver comme le prix d’une voiture qui a été détruite
421
pecuniary relief
(=réparation pécunière)
are the primary common law remedy.
422
5 kind of damages
5 kinds of damages :
Nominal :
Substantial :
Contemptuous :
Aggravated :
Exemplary
423
# damages
Nominal
small amount of money, when **no actual material damage** or **loss was suffered.**
| =pas de pertes réel
424
# damage
Substantial
## Footnote
(=importante)
compensates the loss actually suffered, be it physical or non-physical.
425
# damage
Contemptuous
| =méprisant
**very small amount** (one half-pence usually), when a plaintiff proved his case in court, **but the court considers that the plaintiff should have never brought the action in the first place. **
426
# damage
THE INDUCTIVE APPROACH
to extract broad principles of law
427
The deductive approach
general rules are **laid down** in advance and then applied to individual cases.
