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Introduction and Sources of Law
Introduction and Sources of Law
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Introduction and Sources of LawThe ‘English’ Legal System?
United Kingdom of Great Britain and Northern Ireland became relevant in 1920s.
Within UK there are separate legal systems: English (England and Wales); Northern
Irish; and Scottish.
Supreme Court is the highest court in UK for civil law.
The laws of England and Wales, except devolution.
Superior Courts of England and Wales.
Law Society of England and Wales.
Bar Council (England and Wales).
International Context
Recognise the UK rather than English Legal System.
The English ‘Legal’ System?
Rules or regulations.
An instrument of oppression, racism, sexism, power?
Should law be about morality?
Different Approaches to Study of Law
Black-letter law.
Socio-legal approach.
Critical legal studies.
Critical race theory.
Categorisations of Law/Different Types of Law
Private law.
Affects individuals- families, small groups, businesses.
Public law.
Disputes between the state and individuals.
Substantive law.
Defines how facts in the case will be handled.
Procedural law.
Processes that a case goes through (comes after substantive).
Civil law.
, Claimant v defendant.
Outcomes are damages or compensation.
Standard of proof: on the balance of probabilities.
Burden of proof: on the claimant.
Criminal law.
Crown v defendant.
Outcomes are punishment (imprisonment, fine, community service).
Standard of proof: beyond all reasonable doubt.
Burden of proof: typically, on prosecution/state, but can shift to defendant.
The English Legal ‘System’
English Legal System is a common law system.
Laws can be made by judges (cases) as well as parliament (acts).
Before 1066, there was no unitary national legal system.
System was not ‘common’.
There was a ‘mass of oral customary rules’.
‘A patchwork of local customs’.
Different areas of England were governed by different systems of law.
There were informal court proceedings.
After Battle of Hastings 1066.
William the Conqueror gained the throne who wished to establish a stronger central
government.
Representatives of the King were sent out to the countryside to check local
administration and were given the job of adjudicating local disputes, according to
local law.
For consistency and coherency, principles in past court decisions had to be followed
in future cases.
In time, these decisions were written down.
The precursor to the common law- based on a doctrine of precedent (cases of similar
nature are decided in the same way) as we know it today was born.
Doctrine of Precedent
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