T1 The English legal system Flashcards
Law definition
a system of rules that a society or government develops in order to deal with crime, business agreements and society relationships
types of law
> international law
national law
The English legal system:
> criminal law
> civil law ( private law e.g. tort, contract, business, land, family, company…)
doctrine of judicial precedence
Principles of Law decided by a Court are binding upon inferior Courts in the future if the same issue of Law arises.
This doctrine is subject to the following:
> Identification of the legal principle established
An agreed hierarchy of the Courts
A system of Law reporting.
common law
describes rules of law involved through court cases over the past 800 years
equity
rules developed by the Lord Chancellor and the Chancery Courts
equitable remedies
> specific performance
rescission
injunctions
Judicial precedent
cases are a source of law. This characteristic is called JUDICAL PRECEDENT
stare decision
let the decision stand e.g. murder
ratio decidendi
the reason for the decision
- binding section in judgement
obiter dicta
other comments made
- persuasive only
the doctrine is subject to the following
> Identification of the legal principle established.
An agreed hierarchy of the courts.
A system of law reporting
the separation of powers- legislative
parliament- house of lords and house of commons and queens
the separation of powers- executive
the PM and cabinet
the separation of powers- the judiciary
appointed judges
statute law
> Acts of Parliament – Statutes (Legislation)
Superior law
E.g. The Employment Act 2008 divided into Sections and subsections
Cannot be challenged by the courts (save the European Courts where an Act conflicts with European legislation
An act must be go through the full process of debate, be approved by both Houses of Parliament and receive the Royal Assent before they become law.
‘Bill’ whilst in transit through the Houses and Sections are called clauses
common law
> Case Law and Equity/judge made law
Judges must interpret and apply legislation and previous decisions
Superior courts make binding decisions where Parliament has not legislated
