the nature of law & the english legal system

law

a set of rules enforceable & recognisable by all

what law do the police enforce?

ONLY criminal law

why do we need laws?

• to maintain public order in society

• protection for individual freedoms

• keep the peace

• set standards

• provide solutions for legal problems

what is the difference between a rule & a law?

Law is legally enforceable, rules are not.

Behaviour which is not against the law but against the norms of society

• adultery

• polygamy

Behaviour that is immoral but not illegal

• animal testing

• using legal means to take advantage of the vulnerable

• taking advantage of legal loopholes to avoid paying taxes

how do Twining & Miers define a rule?

a general norm mandating or guiding conduct/action in a given type of situation

A rule that has become a law through custom & practice because the majority of society disapproves?

laws against slavery & piracy

what are 3 reasons rules are generally obeyed?

• fear of punishment or legal consequences

• maintaining order & preventing chaos

• respect for authority

how are legal rules enforced?

the police

what is the most severe penalty for breaking the law

life imprisonment (UK)

can an individual bring a private prosecution?

yes

2 punishments for a crime?

prison

fine

what can the courts order a defendant to do?

pay compensation

what is a custom?

traditional / widely accepted way of behaving

is common law written or unwritten?

unwritten

how are common laws created?

developed from customs & judicial decisions

example of a common law crime

murder

what is the royal assent?

a monarch formally approves an act of the legislature

criminal law

the law of crimes & their punishments

civil law

offences/disputes between individuals or organisations

are defendants always entitled to legal representation?

no, many people have to represent themselves

what is the purpose of civil law?

to uphold legal rights of individuals

person starting the case in civil law?

the individual whose rights have been affected

legal name for person starting case in civil law?

claimant

civil law courts

county court or high court. Sometimes tribunals

civil law standard of proof

the balance of probability

person making the decision civil law

judge

civil law decision

liable / not liable

powers of the court civil law

usually an award of damages, injunction

purpose of criminal law

to maintain law & order to protect society

person starting the case criminal law

the state through the crown prosecution service

legal names for person starting the case criminal law?

prosecutor

courts hearing criminal cases?

magistrates or crown court

standard of proof criminal law?

beyond reasonable doubt

person making the decision criminal law?

magistrates in magistrates court

judge & jury in crown court

decision criminal law?

guilty (convicted) / not guilty (acquitted)

powers of the court criminal law?

prison, community service, fine, ban

hung jury

a jury who cannot decide upon a verdict

miscarriage of justice

a jury who wrongfully convict someone

what are criminal cases?

cases related to crimes that affect society & attract larger / more severe punishments

who is a criminal case convicted by?

a judge & jury

what is the aim of criminal law?

maintaining stability of the state & society

what is the aim of civil law?

deals with private disputes between individuals / organisations

civil courts?

tribunals court

county court

criminal courts?

magistrates court

crown court

courts used for both?

high court

court of appeal

supreme court

what are minor courts?

magistrates court

magistrates court

most criminal cases start here

often deals with summary offences

can impose a maximum sentence of up to 6 months in prison or fine of £5000

cases head by volunteers

what are major courts?

crown & county courts?

crown & county courts

often hear appeals from the magistrates

will often have a jury

standard of proof in criminal cases is proved beyond a reasonable doubt

county courts are the civil counterpart of crown courts

Areas of civil law

Tort (negligence)

employment

family

company

maritime law (family)

intellectual property

human rights

what will a civil claim typically seek?

compensation (an award of damages) as a remedy to the innocent party

money claims

all cases which involve under £10000 are heard by a district judge

they are largely self-represented with the idea that they should be a simple process

heard in county courts

fast track

claims believed to value between £10000-£25000 are dealt with by a circuit judge as they require more expertise

multi-track

claims £25000+ are more complicated & will be held by a high court judge in either county or high courts

Sources of English Law

legislation (acts of parliament, delegated legislation)

case law

EU law

custom

legal texts

what is the function of the rule of law?

to constrain government action

to safeguard from dictatorship

what do some scholars suggest about the rule of law?

it should be a 'content-free' dealing only with the form of law & procedural matters

others suggest it should be 'content-full' & contain substantive elements of laws which should be required to comply with fundamental rights

what is the rule of law?

a set of rules we all live by, that everyone is subject to. it ensures we are protected & treated fairly

what 2 ways does the rule of law function?

• courts should interpret legalisation in a way that gives effect to the rule of law

• the rule of law determines the validity of government action & some legalisation

the magna carta (1215)

• no bailiff should prosecute without producing witnesses in evidence

• lawful imprisonment / exile requires judgement by one's peers in accordance with the law of the land

• right or justice cannot be denied / delayed