What is law?

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

•          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)

-          Administrative Law (regulates public authorities)

-          Criminal Law

Criminal Law

•          Prosecution of offender on behalf of State

•          Criminal courts:

–        Magistrates & Crown Courts

•          Burden of proof:  established beyond reasonable doubt

•          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

•          Focus on protecting and compensating the Victim

•          Civil courts: County Court

•          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

•          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?

•          Consistency

•          Certainty

•          Efficiency  

•          Flexibility

Court of Appeal

•          Supreme Court decisions bind

•          Court of Appeal decisions bind lower courts

High Court

•          Non-Binding

•          Treatment in Fact – Strongly Persuasive

•          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’.