Basic differences between English & other legal systems
- Differences criminal & civil law
- Sources of English law
- Different legal systems
Common law
- Custom & common law
Laws are required to acceptable standards how individuals, companies behave.
- Criminal law
Society as a whole
Body of law as public law
Outlawing behaviour such as murder or individuals theft fraud
Public law includes
Constitutional law
Administrative law
Tax law
According to local or central governments
- Civil law
Resolves disagreements between citizens
Between private individuals or bodies
Body of law private law
Private law includes
Law of property
Law of trusts, family law
Law of contracts
Law of tort
Mercantile Law
No direct concerns the state (gov)
Individuals breaches another's rights such as damages
- Criminal & civil law compared
Proceedings
Criminal
The state (gov)
Prosecutes
Accused
To punish the accused
Imprisonment or fine
Civil
Individual (claimant)
Sues
Defendant
To obtain a legal remedy from def
Damages are payable
Crown prosecution service
Demonstrate a more probable case.
Civil law
Religious law
Customaryl law
International law
- Equity
- English legislation of various kinds
- European law
- Other sources
Legal memory
Normans started local customs in 1066
Customs become common law for all countries
Law reports
Changing circumstances to common law to case to case
Common law = case law or judge-made law
Common law or legislation = codified law
Address gaps & deficiencies in common law = Fairness
Common law does not recognise uses & trusts
Restore deals between parties
Non-monetary remedies to common law = injunctions, orders of specific performances, restitution. Still used today in contract law
Overriding concerns for fair results
Est Judicature Acts 1873 & 1875
Acts of parliament = formal laws
AP white paper proposed legislation
House of commons consider the bill
House of lords will review the bill then the monarch makes it law Royal assent
Finance Act do not come effect by Royal assent bodies will make the changes
UK Act contravenes EU law
Delegated legislation
Enabling act on policy & objectives
Statutory instruments = bye-laws local & public bodies
Crown & privy council
UK Joined EU 1972 + VAT
EP have the final right
EU laws
- Treaties
- Regulations
- Directives
- Decisions
- Recommendations & opinions
- European court of justice
Lawyers will resort to other sources
Solicitor's & barristers
Each country different system
MBE, MPRE, MEE, MPT
Common law = case law or judge-made law
Level of counts see p19
Commonwealth countries have the final appeal
Court cases
Examines facts & identifies
Consider the law
Apply the law
Ratio decidendi = reason, Obiter dicta = things
English legal mix = common, customary law
Observed worldwide
Anglo-Saxon = how law applied
Applied judges = civil code or code law / tax or business
Address needs culture or cultures
Law system based on religious beliefs
Public international law = Territory, wars, human rights act 1998, international crimes
Treaties, conventions
Principles under Euro & US laws