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Legal System

Introduction

Difference Between Civil and Criminal Law

English Law

The Rule of Law

What are Precedents

The Doctrine of Precedent

The CPS

British Constitution

Classification of Powers of Appointment

Rising Prison Population

Courts

Magistrates Courts

High Court

Supreme Court

Moving to Crown Court

Court of Protection

Contempt of Court

Director of Public Prosecutions

Legal Services Act 2007

Statutory Interpretation

Juries

Right to Trial by Jury

Jury Qualifications and Disqualifications

When are Juries Used

Jury Selection Process

Jury Service

Lay Magistrates Juries

Solicitors

Solicitors

Alternative Roles for Solicitors

Solicitors Code of Conduct

Complaints About Solicitors

Private Information Given to Solicitor

Public Funding

Barristers

Barristers

Barristers Code of Conduct

Complaints About Barristers

Bar Pro Bono

Law Careers

How to Become a Solicitor

Becoming a Solicitor Without a Degree

GDL Law Conversion Courses

Notary Public

Environmental

Control of Hazards Accidents

Noise Pollution

Waste Management

UK Environment Damage Liability

The English Legal System

One of the major European legal systems, Roman law being the other,  English law has spread to many other countries, including former English colonies such as the USA, Canada, Australia, and New Zealand.

English law has an evolving history dating from the local customs of the Anglo-Saxons, traces of which survived until 1925.  After the Norman Conquest they grew up, side by side with the Saxon shire courts, the feudal courts of the barons and the ecclesiastical (church) courts.  From the king's council developed the royal courts, presided over by professional judges, which gradually absorbed the jurisdictions (legal powers) of the baronial and ecclesiastical courts.  By 1250 the royal judges had amalgamated the various local customs into the system of common law – that is, law common to the whole country. A second system known as equity developed in the Court of Chancery, in which the Lord Chancellor considered petitions.

In the 17th and 18th centuries common law absorbed the Law Merchant, the international code of mercantile customs.  During the 19th century virtually the whole of English law was reformed by legislation; for example, the number of capital offences was greatly reduced.

Judicial Precedents

A unique feature of English law is the doctrine of judicial precedents, whereby the reported decisions of the courts form a binding source of law for future decisions. A judge is bound by decisions of courts of superior jurisdiction but not necessarily by those of inferior courts.

Classification of Law

Criminal

The criminal law is concerned with offences against society at large – crimes.  Prosecuted by the State.  Punish and deter.

Civil

Civil law is concerned with disputes between private parties, for example, consumer and supplier, employer and employee.  Injured party sues.  Damages or injunction.

Principal areas of non-statutory civil law

Contract; torts (wrongs); trusts.  Torts include negligence, nuisance, trespass, defamation, and inducing breach of contract.

Sources of Law

The principal sources of UK law are:

Statutes

Sources of statutes

Statutes originate from Parliament.  Example: Employment Rights Act 1996.  Each Act has a chapter number: ERA 1996 is ch.18.

Formation of statutes

Starting point is usually a green (consultative) paper.  Then draft proposals (white paper); and a bill before Parliament.  Ultimately, after Royal Assent, an Act.

Delegated legislation

An Act may allow a Minister or some other party the authority to make legal provisions.  Principal vehicles are statutory instruments (Ministerial Orders or sets of regulations.)

Case Law and Precedent

Ratio decidendi

Case law arises from judicial decision-making.  A judgment will contain the facts of the case, the correct legal position (the reason for the decision – ‘ratio’) and the decision itself.  The ratio sets a binding precedent for courts below.  Flexibility is built into the system by the ability to overrule (usually at a higher level) and to distinguish (one case from another).

Ratio overruled

A ratio is set out in the case of A v B.  In a later case between C and D, on the same point, in the same or a higher court, the ratio in A v B is held to be incorrect and is therefore overruled.  (It might have been correct and been affirmed). Contrast this with the decision in A v B being reversed (on appeal).

Decision reversed

A is unsuccessful against B and appeals to a higher court on the ground that the lower court misinterpreted the law. The higher court holds the ratio given by the lower court to be incorrect law and reverses the decision.  A, the appellant, succeeds.

Legal Personality

Only legal ‘persons’ can become liable or pursue an action under the law.

Types of legal person

Corporations

These may be chartered, statutory, or registered.

Key Points

 

Useful Links

British Constitution The United Kingdom constitution

Rule of Law The rule of Law in England and Wales

 

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