Definition: ‘The body of rules, whether proceeding from
formal enactment or from custom, which a particular state or community
recognizes as binding on its members or subjects.
(OED Online. December 2013)
•
System of Rules:
–
Enforced by courts
–
Government of the State
–
Relationship between State & citizens &
between individuals
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It affects our every day life, e.g. In employment,
buying a house, divorce, wills, driving a car
•
Legal Rules may incur a penalty if not obeyed
Public Law
Matters related to
the state
-
Constitutional Law (role of institutions within
the state)
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Administrative Law (regulates public
authorities)
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Criminal Law
Criminal Law
•
Prosecution of offender on behalf of State
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Criminal courts:
–
Magistrates & Crown Courts
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Burden of proof:
established beyond reasonable doubt
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Punishments:
fines, community service, prison
Private Law
Rights & duties of individuals toward each other:
–
Contract
–
Tort
–
Property
–
Trusts
–
Family
–
Employment
Civil Law
•
Regulates rights & obligations of people
dealing with each other
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Focus on protecting and compensating the Victim
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Civil courts: County Court
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Burden of proof:
balance of probabilities
•
Remedies:
damages, injunctions
•
Contract, tort, property, trusts, family,
employment
•
Tort – civil wrong, e.g. trespass, defamation,
nuisance, negligence, trespass to the person, torts of: deceit, passing off,
inducement of breach of contract, conspiracy
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Fault based
•
Strict liability & vicarious liability
Sources of Law
Legislation
Types
•
Acts
of Parliament
•
European
Law – passed by the European Parliament and applied by the ECJ
•
International
treaties
•
Case
law – common law, equity
Difference between Ratio
and Obiter
•
Ratio Decidendi : the rationale for a decision.
•
Obiter dicta:
remarks of a judge which are not necessary to reaching a decision, but are made
as comments, illustrations or thoughts.
Precedent –
Why Have It?
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Consistency
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Certainty
•
Efficiency
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Flexibility
Court of
Appeal
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Supreme Court decisions bind
•
Court of Appeal decisions bind lower courts
High Court
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Non-Binding
•
Treatment
in Fact – Strongly Persuasive
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Overruling a case: If a higher court considers a case wrongly decided it can
overrule the decision. That case is then
no longer an ‘authority’.
•
Reversing a case: If a higher court reaches a different decision from the
original court, then the decision is ‘reversed’.
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