Class notes
Introduction & Understanding the English Legal System
- Course
- Institution
Detailed explanation of the English Legal System.
[Show more]
Seller
Follow
nkgnd
Content preview
Introduction & Understanding the EnglishLegal System
English Legal System
What is law?
The law is a set of rules, enforceable by the courts, which regulate the government of the state and
govern the relationship between the state and its citizens and between one citizen and another.
Note: it is important to remember that English Law refers to the law as it applies to England and
Wales. Scotland and Northern Ireland have their own distinct legal systems.
Statute Law: a written law produced by Parliament
Case Law: law established by judicial decisions in former cases.
Note: Common Law and Equity are versions of Case Law I.e., they’re judge made – though they have
developed separately.
Classifications of Law
There are various ways in which the law may be classified; the most important are as follows:
1. Public Law and Private Law
a. Public Law. Public law is concerned with the relationship between the state and its
citizens. This comprises several specialist areas such as:
i. Constitutional Law. Constitutional law is concerned with the workings of the
British constitution. It covers such matters as the position of the Crown, the
composition and procedures of Parliament, the functioning of central and
local government, citizenship and the civil liberties of individual citizens.
ii. Administrative Law. Government agencies are involved, for example, in the
provision of state retirement pension, income support and child benefit. A
large number of disputes arise from the administration of these schemes
and a body of law (administrative law) has developed to deal with the
complaints of individuals against the decisions of the administering agency.
iii. Criminal Law. Certain kinds of wrongdoing pose such a serious threat to the
good order of society that they are considered crimes against the whole
community. The criminal law makes such anti-social behaviour an offence
against the state and offenders are liable to punishment. The state accepts
responsibility for the detection, prosecution and punishment of offenders.
b. Private Law. Private law is primarily concerned with the rights and duties of
individuals towards each other. The state’s involvement in this area of law is
confined / limited to providing a civilised method of resolving the dispute that has
, arisen. Private law is also called civil law and is often contrasted with criminal law.
2. Criminal and Civil Law. Legal rules are generally divided into two categories: criminal and
civil. It is important to understand the nature of the division because there are fundamental
differences in the purpose, procedures and terminology of each branch of law.
Criminal Law Civil Law
Concerns Offences against the state. Disputes between private
individuals.
Purpose of the action To preserve order in the To remedy the wrong which
community by punishing has been suffered.
offenders and deterring
others.
The parties A prosecutor prosecutes a A claimant sues a defendant.
defendant / accused.
Example case title: Tame v
Prosecutors are bought in the Williams
name of the Crown, signified
by R for Rex (King) or Regina
(Queen).
Example case title: R v
Williams
Administration / Where is the The criminal courts I.e., The civil courts I.e., county
action heard? magistrates court or crown court or high court.
court.
Standard and burden of proof The prosecutor must prove his The claimant must establish
case beyond a reasonable his case on the balance of
doubt I.e., so certain as to be probabilities I.e., the evidence
true. ways more in favour of the
claimant than the defendant.
Decision A defendant / the accused may A defendant may be found
be convicted if he is guilty and liable or not liable.
acquitted if he is innocent.
Sanctions Imprisonment, fine, and or Damages, injunction (a court
community order. order requiring a person to do
or cease doing a specific
action), specific performance
(a court issues an order
requiring a party to perform a
specific act), and or rescission
(the repeal / annulment of a
The benefits of buying summaries with Stuvia:
Guaranteed quality through customer reviews
Stuvia customers have reviewed more than 700,000 summaries. This how you know that you are buying the best documents.
Quick and easy check-out
You can quickly pay through credit card or Stuvia-credit for the summaries. There is no membership needed.
Focus on what matters
Your fellow students write the study notes themselves, which is why the documents are always reliable and up-to-date. This ensures you quickly get to the core!
Frequently asked questions
What do I get when I buy this document?
You get a PDF, available immediately after your purchase. The purchased document is accessible anytime, anywhere and indefinitely through your profile.
Satisfaction guarantee: how does it work?
Our satisfaction guarantee ensures that you always find a study document that suits you well. You fill out a form, and our customer service team takes care of the rest.
Who am I buying these notes from?
Stuvia is a marketplace, so you are not buying this document from us, but from seller nkgnd. Stuvia facilitates payment to the seller.
Will I be stuck with a subscription?
No, you only buy these notes for $0.00. You're not tied to anything after your purchase.
Can Stuvia be trusted?
4.6 stars on Google & Trustpilot (+1000 reviews)
79223 documents were sold in the last 30 days
Founded in 2010, the go-to place to buy study notes for 14 years now