Overview of England's Environmental legal system Flashcards
What are two sources of law
Statutory law and common law
Discuss statutory law
Statutory interpretation. Faster to develop but often difficult to interpret
Discuss common law
Known as case law, very slow to develop environmental legislation
What is the objective of criminal law
Maintain law and order and to protect society
What is the objective of civil law
Uphold the rights of individuals
What is criminal law concerned with
Offenses against the state
Where is criminal law tried
Mainly in magistrates
Crown court for serious cases
What is the law of tort concerned with
situations in which one person has interfered with the rights of another
What are principal torts
Negligence, nuisance, tresspass, defamation and occupiers liability
How is statutory law is related to environmental legislation
Most relevant source
Secretaries of state have delegated powers to issue delegated legislation (Statutory instruments (SIs))
What does common law involve
Unwritten law that has developed from customs and decisions from past cases
What does stare decisis mean
Stand by what has been decided and do not unsettle the established
Define duty of care
The manufacturer of goods owes a duty of care to the consumer
What are the influences on the English legal system
government policy Expert opinions Pressure groups Case law Specific events
What are 4 sources of environmental law in England and Wales
Control of pollution act
Environmental Protection Act
Environment act
Pollution prevention and control
