Sources of Law Flashcards

1
Q

Name the four sources of Law?

A
  • Custom/Common Law
  • Europe
  • Precedent/Case Law
  • Statute Law
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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
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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

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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.
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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
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