Sources & Categories of English Law Flashcards
W1
what is ELS
A common law
what is Common Law
combination of law developed by judges & legislature
secondary source
help explain primary (article, journals, textbooks
primary source
state law ( case law, statutes, delegated legislation, regulations
4 main sources of UK law
Legislation
Case Law
Citation
EU Law
legislations are
law made by legislature (acts of parliament)
what is primary legislation
before act of parliament is passed it is a bill
bill can’t turn law unless passed by house of parliament with royal assent
two categories of primary legislations
public and private
what is private acts (law)
regulates relationship between citizens
what is public acts (law)
regulates relationship between public bodies
what is secondary legislation
law made by other bodies that parliament give their power to
case laws are
decisions made by judges
what are the two tasks in deciding case laws
- establish the facts
2. apply law
ration decidendi
reason to a decisions (may be binding on judges in future cases
obiter dicta
by the way (can’t bind judges in future- judge may be influenced by obiter dicta)