Sources of Law of England and Wales

Question 1

what are the main sources of law in E&W?

Answer 1

APs
case law
common law
the crown + nobility
armed forces
academics
modern influences like the EU

Question 2

what is an act of parliament (AP)?

Answer 2

a law created by P after a bill passes through several stages + receives royal assent

Question 3

what are the stages for a bill to become an AP?

Answer 3

1st reading: intro in HC
2nd reading: debate + contributions by MPs
committee scrutiny: clause-by-clause review
report stage: MPs vote on amendments
3rd reading: final approval in the HC
HL: repeats the stages, w possible amendments
royal assent: the crown approves. bill becomes law

Question 4

what happens if the HL rejects a bill?

Answer 4

the commons can bypass the lords using the parliament Acts 1911 + 1949

Question 5

what are case law + common law?

Answer 5

case law: decisions made by courts

common law: traditional judge-made law, focusing on contracts + remedies

Question 6

why was equity introduced alongside common law?

Answer 6

common law was too rigid, so equity ensured fairness by considering facts, behaviours, and circumstances

Question 7

what are some principles of equity?

Answer 7

equity enforces intentions, not rigid procedures

“he who comes to equity must come w/ clean hands” (act fairly)

“delay defeats equity” (claims must be timely).

Question 8

what are eg’s of equitable remedies?

Answer 8

injunctions: orders to do or not do something.

specific performance: fulfilling an obligation (property transfer)

rescission: cancelling a contract

rectification: correcting errors

account of profit: sharing gains with the innocent party

Question 9

what did the SC of Judicature Acts 1873 + 1875 achieve?

Answer 9

merged equity + common law courts, allowing civil courts to grant both types of remedies in the same case

Question 10

what are traditional sources of law?

Answer 10

the crown
judges
parliament
religion
the military
EU law

Question 11

who are some key academic contributors to the legal system?

Answer 11

sir edward coke, john locke, montesquieu, jeremy bentham, A.V. Dicey

Question 12

what ideas do these legal thinkers share?

Answer 12

respect for individual freedoms, parliamentary dominance, property rights, and lawful outcomes

Question 13

how do academics influence the legal system?

Answer 13

their collective contributions shape legal culture + principles, providing a foundation for modern law