Sources of Law Flashcards
1
Q
Name the four sources of Law?
A
- Custom/Common Law
- Europe
- Precedent/Case Law
- Statute Law
2
Q
What is Common Law?
A
- From the middle age, judges were appointed to administer the “law and custom of the realm”
- Common = Whole realm
3
Q
What is Precedent/Case Law?
A
-lawyers applied common law to cases, lawyers recorded decisions and became precedent.
- They were binding on lower courts and shaped future laws
- Known as case law
4
Q
What is statute law?
A
- Common law can be replaced by statutes (acts of parliament)
- Defamation act 2013
- Truth and opinion are statutory that replace and repeal common law defence.
5
Q
What is European law?
A
- The European convention on Human Rights
- 47 total rights must be protected
- Taken into English law in “human rights act 1998”
- Key articles for journo = 10 freedom of expressions and 8 right to privacy