Introduction Flashcards
What is Law?
A body of rules aimed at regulating behaviour, it allows people to understand what they can and can’t do.
Do Businesses have to abide by the law?
Yes, all legitimate businesses have to operate within the framework of the law.
What are the 6 key characteristics of English law?
> Uncodified > Judges may make law > Continuity > Binding precedent > Adversarial trial system > Parliament makes law
What does uncodified mean?
A code is a collection of laws designed to deal with main areas of law. This is common in Europe but is not the case in England.
What does ‘Judges may make law’ mean?
Judges can change and develop law in two ways:
> By interpreting complex statutes.
> By developing the common law.
What is Continuity?
English Law has developed over many centuries, statutes remain good until repealed EG: TREASON ACT 1351 is still in force. Cases remain good unless overruled EG: PINNEL’S CASE 1602.
What is Binding precedent?
The doctrine of binding precedent means judges must apply the law in the same way as previous decisions were made in superior or sometimes equal status courts. Also known as ‘Stare Decisis’
Are previous decisions binding in other European countries?
No, but are usually persuasive.
What is an Adversarial trial system?
Each side presents their case and a judge supervises, this is different from a inquisitorial procedure where a judge plays a more active role.
How do parliament make Law?
With Statutes.
