Week 2 Flashcards
Sources of English Law
Legislation: Laws passed by Parliament.
The Common Law: Judge-made laws derived from decisions in specific cases.
Equity: Provides remedies beyond those offered by common law, focusing on fairness.
The Common Law: Definition
Laws developed by judges through decisions in individual cases. Before the formation of a unified government, judges created these laws based on precedent.
Equity’s Role in English Law
Developed to supplement common law remedies which were insufficient. Offers equitable remedies like injunctions and specific performance. Awarded at the court’s discretion and requires the injured party to have acted equitably.
Legislation and Parliament
Parliament’s main role is to make laws. These laws, or Acts of Parliament, are supreme and override any conflicting law.
Primary vs. Secondary Legislation
Primary: Direct laws from Parliament, also known as statutes.
Secondary: Laws created by bodies (e.g., local authorities) authorized by Parliament. Includes Statutory Instruments, By-Laws, and Orders in Council.
Process of Making a Law (Bill Stages)
Introduction (First Reading)
Debate (Second Reading)
Detailed review (Committee Stage)
Amendments & Debate (Report Stage)
Final approval (Third Reading)
Other House review & amendments
Monarch’s approval (Royal Assent).
Control Over House of Lords
The Parliament Acts of 1911 and 1949 prevent the House of Lords from blocking legislation indefinitely. The Commons can bypass the Lords under certain conditions.
Statutory Interpretation Methods
Literal Rule: Plain meaning of words.
Golden Rule: Adjust interpretation to avoid absurdity.
Mischief Rule: Address the “mischief” or issue the law was designed to prevent.
Purposive Approach: Interpret based on intended purpose of the law.
Civil Court Hierarchy
Supreme Court
Court of Appeal (Civil Division)
High Court (with its divisions)
County Court.
Criminal Court Hierarchy
Supreme Court
Court of Appeal (Criminal Division)
Crown Court
Magistrates Court.
Civil vs. Criminal Cases
Civil: Disputes between private parties. Requires proof on a balance of probabilities.
Criminal: State accuses an individual of a crime. Requires proof beyond a reasonable doubt.
Tribunals
Handle specialized areas like employment and immigration. They offer quicker and cheaper resolutions than courts but can become formalized over time.
Alternative Dispute Resolution (ADR)
A mechanism to resolve disputes outside of court. Emphasizes cooperation and can be cost-effective. However, if unsuccessful, it can lead to increased fees.
