Law - Introduction Flashcards
What is law?
“Law is the cement of society and then essential medium of change it is an integral part of a constantly evolving social landscape” ~Glanville Williams, learning the law
What are the standard features of Law?
•System of rules •Lays down standards to which we ought to conform •Coercive power of the state •Failure to adhere to legal rules may result in a penalty •Differentiate between: legal rules, moral rules and social conventions •Law is always changing
Rule of Law
•No one is above the law •Everyone is subject to the law •The government must act in accordance with its powers •’To no one will resell to no one will be refuse or delay right or justice’. ~Magna Carta 1215 •”The rule of law denotes its fundamental ideas of fairness, predictability, certainty of the law and respect for human rights” ~Tom Bingham
What should the law be?
•Open •Accessible, not made in secret •Transparent •Accountable
Sources of Law
Primary: •Legislation enacted by Parliament •Caselaw made by the courts •European union law Secondary: •Refers to commentaries on the law •Legal encyclopaedias •Parliamentary and non-Parliamentary documents •Law journals •Textbooks
Common Law
•Law developed by judges through decisions of the courts •Doctrine of stare decisis: a courts decision is binding authority for similar cases decided by the same court or lower courts within the same jurisdiction (verticals and horizontal) •Predictability and certainty of outcome •A lower court may not rule against the binding precedent although they may distinguish the case
Legal Systems
•The United Kingdom •Made up of a jurisdictions -England and Wales -Scotland -Northern Ireland •Devolution: Scotland, Wales, Northern Ireland
Public Law
•Areas of law that involves matters related to the state -Constitutional law: e.g. roll and power of institutions within the state -Administrative law: e.g. regulates public authorities, accountability of public authorities -Criminal law: state responsible for prosecution and justice
Private Law
•Law that Affect matters between individuals (whether people, groups of people or companies) -Contract -Family -Tort -Property
Civil or Criminal Law?
•Civil law -Focus on compensating/protecting the victim -Regulates rights, duties and liabilities between individuals -Contract -Family -Property •Criminal law -Contains duties which individuals owe to the state -Breach usually leads to punishment
Introduction to access to justice
•Awareness of rights, entitlement, obligations and responsibilities •Awareness of procedures for resolution •Ability effectively to access resolution systems/procedures •Ability effectively to participate in resolution process in order to achieve just outcomes outcomes •The critical question is not ‘what rights do we give or what obligations do we impose’ but ‘what *opportunities* do we provide for the public to make good there entitlements?’
Public Legal Education
•Raising awareness of law •Self-help and legal capability •Community development and Law reform •”Teaching people about the legal rights and responsibilities, together with helping them gain the confidence and skills to get access to justice can really make a difference to people’s lives – as well as to our legal system” - Attorney general statement on PLE 2018
- What Court is the case being decided by?
- How many / who are the judges?
- What is the legal issue?
- What is the legal outcome?
- what is the legal reasoning? (What seems significant? i.e. what bits would you refer a future court to again?)
Supreme Court / Court of Appeal
Who are the judges? Different Judges have different expertise and different levels of seniority
The legal issuee will be deeper than first impressions (Not necessarily ‘what the case is about’)
What was the outcome of the case? Did they agree / disagree with plaintiff?
Why did the judges agree / disagree with the plaintiff? This is important because it is needed for future precedent.
- Why was this section enacted?
- How does thios section apply in concrete situations?
- Why does this section go as far as it does?
- why doesn’t this section go further than it does?
- is this section in need of reform?
You should apply as many hypothetical scenarios as there are rules laid down in the section.
Only look at the statutes you are going to be examined on.
Statutory interpretation (Literal, Golden and mischief rule.)
- Never be passive.
- Never work when you’re bored.
- Always be asking questions.
- Make connections between the things you read.
- Make sure your notes are interesting.
- Always think about what you read.
- Don’t ever assume that what you are reading must be correct.
- Always be looking to rework and beef up your notes.
- Always do more than your teachers expect of you.
- Work with other people whenever you can.
