Public 1: Origins of Public Law

What is law?

the system of rules that a particular country or community recognises as regulating the actions of its members and may enforce by the imposition of penalties.

Common Law

distinguishes law that is decided by judges

Case Law

The same thing as common law

Role of Judges

Consider evidence and applicable law, apply the law to the facts of the case, decide what remedy

Stare Decisis

Binding Precedent

A precedent may be

Binding or Persuasive

Ratio decidendi

The reason for the decision

Distinguishing a case

declining to follow a precedent as the case has different facts

Obiter dictum

Very persuasive comments from a judge

Following a decision

If the facts are so similar then the court follows the original decision

Approving a decision

A higher court follows a decision from a lower court

Applying the decision

Where there are similarities in cases, the court can apply the earlier decision

Reversing a decision

If a court goes to appeal and the court disagrees with the lower court

Overruling a decision

A higher court decides that the original precedent is wrong and so sets a new precedent

Departing from own precedent

A court can depart from its own precedent to avoid too rigid adherence which may lead to injustice

Young v Bristol Aeroplane Co

Case for departing from precedent

Equitable remedies

Are discretionary in modern law

Earl of Oxford's Case

Equity should prevail over common law

Judicature Acts 1873-1875

Combined Equity and Common Law courts

Examples of Equitable Remedies

Specific Performance, Injunction, Declaration, Rescission, Rectification

Specific Performance

An order by the court to compel a party to perform something they promised to do under contractual agreement

Injunction

Order to do something (mandatory) or refrain from doing something (prohibitory)

Declaration

Legally binding statement

Rescission

The setting aside of a contract in case of misrepresentation, mistake or duress

Rectification

Corrects a document to reflects the parties' contractual intention

Procedure for Legislation

First Reading, Second Reading, Committee Stage, Report Stage, Third Reading, Royal Assent

R v Brown

Prosecution is in the name of the crown

Criminal burden of proof

Beyond reasonable doubt

Criminal Justice Act 2003

Prosecution can also appeal a verdict

Grounds for appeal against sentence

Sentence not justified by law, sentence based on incorrect version of evidence, irrelevant matters taken into account, judge misapplied sentencing guidelines

Supreme Court

Hears cases on a point of law of general public importance

Judicial Committee of the Privy Council

Final court of appeal for UK overseas territories

Criminal Cases Review Commission

Responsible for reviewing alleged miscarriages of justice

Civil burden of proof

On the balance of probabilities (over 50%)

High value civil claims (£100,000 +)

Begin in the high court

Three judges in country court

Deputy District Judge, District Judge

Circuit Judges

Hears appeals from decision from DJs and DDJs

Appeals on a circuit judge's decision

Are heard in the High Court

Senior Courts

Supreme Court, Court of Appeal, High Court, Crown Court

Justice Act 1970

Restructured the High Court into three divisions

Three Division of the High Court

Queens Bench, Chancery, Family

Masters

Procedural judges dealing with legal proceedings before trial

Queen's Bench Division

deals with common law, contract disputes and other matters not dealt with in the other Divisions.

Administrative Court

Part of the Queen's bench responsible for the administrative law jurisdiction

Chancery Division

Division of the High Court which deals with company
and commercial matters

Business and Property Courts

Commercial Court, Business List, Admiralty Court, Commercial Circuit Court, Technology and Construction Court, the Financial List, the Insolvency List

Family Division

deals with marriage breakdowns, probate and protection of children

Court of Appeal

Hears appeals from civil and criminal division