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Law and Legal Systems - Coggle Diagram

- - - - Main institutions of Government
      - Relationship between House of Lords, Commons, Local & Central Government
      - Makes Treaties with Foreign States
      - Status Function and Powers
        
        Monarch
        
        MPs
        
        Government Ministers
        
        Judiciary
        
        Civil Service
        
        Armed Forces
    - - Legal Relationship between private citizens and central & local Government
      - Taxation, Acquisition of Land, Local Rating, powers of local boards and highways, health and education, grant licences for trades and professions :
    - - Behaviour which threatens the public & peace
      - Punish persons for serious wrongs damaging the interests of society
- - - - Judge decisions become law
- - - - Create new law
      - Overrule what exists
      - Modify existing principles
      - Modify existing statute law
    - - Green and White Papers
      - Private and Public Bills
        
        Public affects the whole community
        
        Private benefits a particular individual
    - - First Reading: Second Reading: Committee Stage: Report Stage : Third Reading
      - House of Lords can delay not prevent
    - - Consolidating act repeals previous legislation
        
        No new law is created just amendments
      - Codifying Acts
        
        Include principles embodied in case law
    - - Law of Commission Act 1965
        
        Revision of Statute Law
      - Codification
      - Consumer Insurance Act 2012
    - - Civil Servants write the intricate rules
      - Statutory Instruments
      - Orders in council
      - Bye-Laws
  - - - Interpretation Act 1978
    - - Literal Rule
        
        Takes precedence
        
        Noscitur a sociis rule
        
        Word determined by context
        
        Ejusdem generis Rule
        
        General term depends on words which precede it
      - Golden Rule
        
        Absurd Result
      - Mischief Rule
        
        Meaning of words in the act
      - Presumptions
        
        Construction of a statute
    - - declaration of incompatibility
    - - Subject to EC
- - - - Circuit judge
    - - Commercial Court
      - Admiralty Court
      - Technology and Construction Court
      - Common Law civil action
        
        Contracts and Torts
    - - Appeals from County Court
    - - Civil and Criminal
      - 12 Justices
      - Court of Appeal Appeals
      - High Court - Leapfrog
  - - - Magistrates Court
        
        Crown Court
        
        High Court
    - - Crown Court
        
        Single Judge and Jury
        
        Appeal is Court of Appeal
  - - - the reason for deciding
      - Material facts
      - decision of the judge
    - - Hypotheticals
      - Not essential to the decision
      - Persuasive
  - - - Supreme Court
        
        Appeals in civil cases
        
        Court of Appeal
        
        Binding in Lower Courts
        
        Bound unless conflict
        
        Bound by Supreme Court
        
        High Court
        
        Binding on Inferior
        
        Persuasive
        
        Hear appeals from lower courts
        
        County Courts
        
        Bound by higher courts decisions
        
        Not binding on any level
    - - Supreme Court
        
        Binding on lower courts
        
        Power to overrule
      - Crown Court
        
        Bound by Supreme Court and Court of Appeal
        
        Not binding on any court
      - Court of Appeal
        
        Binding on lower criminal courts
        
        Overrule the decision of ordinary court
      - Magistrates Court
        
        Bound by Higher Courts
        
        No binding force
    - - Higher court decides matter governed by precedent
      - cancels principal of law
        
        ratio decidendi
    - - Disapproved when not overruled
        
        Ratio decidendi
        
        does not cover all maters
        
        Obiter Dictum
        
        authority weakened
      - Distinguished follows previous decision
        
        avoid precedent
    - - Decisions made in lower courts or courts of equal standing
      - Decisions of Courts outside English Law
      - Obiter Dicta
      - Textbooks, learned treaties and other jurisdictions
  - - - Certainty
      - Development Opportunities
      - Law flexibility
      - Based in Practice
    - - Not flexible to change
      - Difficult to apply
      - Depends on Litigation
      - Obscure
  - - - Publish Law Reports
    - - Private
      - Non-Consumer Cases
    - - Newspapers
- - - - EEC
      - Free Trade Area
      - Economic
      - Remove trade barriers
    - - Three Pillars
        
        European Communities
        
        Common Foreign & Security Policy
        
        Police & Judicial Cooperation in criminal matters
  - - - Great Legislative Power
      - Representatives of Member States
    - - Intiate Legislation
      - initiate legal proceedings
    - - Supervisory Powers
      - No legislative powers
    - - Ultimate court of appeal
      - No precedent
  - - - Constitution of Europe
    - - Binding to all states
        
        GDPR
    - - General Community Legislation
    - - Whom they are addressed
    - - Advisory only
    - - How European Community Law takes effect in English Law
      - Direct
      - Injunction for conflict
- - - - Shorter timetables
      - Use of IT
      - Encourage alternative dispute resolution
      - Three separate tracks for cases
      - Judges more responsibility for managing cases
      - Simple documents
    - - Provide info as early as possible
      - Facilitate negotiation
      - Issued through Ministry of Justice
      - Fixed recoverable legal costs
    - - Civll: County/High
      - Defamation: High
      - Transferred at allocation
    - - particulars of the claim
      - remedy/ nature/ summary
    - - Admit and pay
      - Acknowledge defence
    - - Small claims track
        
        £10,000
        
        Personal Injury £1,000
      - Fast Track
        
        £25,000
      - Multi-track
        
        above £25,000
    - - Alternative dispute resolution
    - - Courts have power
      - Reasonable grounds
    - - Issue timetable
      - Simple
      - District Judge
    - - strict timetable
      - 30 weeks
      - oral evidence
      - limited expert witnesses
    - - Circuit Judge/ High Court Judge
  - - - Lawyer conducts litigation
      - Lawyer recieves a share damages
      - defendant liable for costs conventionally
    - - Cant recover ATE premium
    - - Budget
    - - only when honest
- - - - Minors
      - Unsound Mind
      - Bankrupts
      - Aliens
    - - Contracts
        
        Inexpereinced
      - Torts
        
        Responsible
        
        Recvoery Difficult
      - Property
        
        Little amount
      - Criminal Law
        
        Over 10
      - Litigation
        
        Adult
    - - Responsible for Tortious Acts
      - Not responsible for involuntary actions
    - - Cant sitting in HOP, M of Local council, magistrate, director or have credit
    - - Family Law
  - - - Legal person representing a position
        
        Queen
        
        Church of England
    - - Chartered corporations by Royal Charter
        
        Formed by the crown
        
        CII
      - Statutory corporations by private act of parliament
        
        Statute created
        
        Ministry of Education
      - Registered Corporations under the companies act
        
        public limited
        
        Private limited