ENGLISH LEGAL SYSTEM

WEEK 3

UK LAW

• Law is the system of rules and regulations that govern how people behave within a country.

• It provides structure, order, and accountability in society.

RULES AND RULE OF LAW

 Rule of Law ensures:

• Equal application to everyone — no discrimination.

• No one is above the law.

• Legal processes are open and transparent.

ENGLISH LEGAL SYSTEM

• English Law is a body of rules created by the state and binding within its jurisdiction.

• Developed in England from around 1066.

•  Legislation passed by Parliament.

• Common Law & Equity – judge-made law and fairness principles.

• Private Law & Public Law – individual vs state relationships.

• Criminal Law & Civil Law – offences vs disputes

COMMON LAW

• Created by judges through decisions in court cases

• Based on past cases - Judges follow earlier decisions (called precedents)

• Introduced the system of precedent (judges follow earlier decisions

• Offered damages as the only remedy - MONEY IS OFFERED

• Developed after 1066

EQUITY

 • Emerged 2–3 centuries later to address fairness

 • Created because damages weren’t always suitable

• Offers solutions like stopping someone from doing something (called an injunction), not just money

• Focuses on fairness

COMMON LAW AND EQUITY

• Both are judge-made laws — created through court decisions

• Before 1873 Two separate court systems:

Common Law Courts used strict legal rules

Chancery Courts applied fairness (equity)

• Today - One unified court system

Judges apply both common law and equity together

THE COURT HIERARCHY

• Supreme Court – highest court in the UK

• Court of Appeal – hears appeals from lower courts

• High Court & Crown Court – deal with serious cases (civil and criminal)

• County Court & Magistrates’ Court – handle everyday legal issues like minor crimes and civil disputes

PUBLIC LAW

• deals with issues between individuals and the state:

 • Criminal Law – crimes and punishments.

 • Constitutional Law – rules about how the country is run.

 • Administrative Law – civil issues involving government decisions.

PRIVATE LAW

• Deals with issues between individuals

• Civil Law – general disputes (e.g. money, property)

• Contract Law – agreements between people or businesses

• Law of Torts – wrongs like negligence or defamation

• Property Law – ownership and use of land or items

ENGLISH LAW STRUCTURE

Public Law – between individuals and the state:

• Constitutional/Administrative Law

• Criminal Law

Private (Civil) Law – between individuals:

• Tort (e.g. negligence, nuisance → damages to business)

• Family Law

• Probate (wills and inheritance)

• Property Law (land, intellectual property, possessions)

• Company, Partnership & Contract Law

CLAIMANT V DEFENDANT

• Claimant - also called PLAINTIFF is the person who starts the case by suing

• Defendant - The person accused of breaking the law

BURDEN OF PROOF

• Claimant MUST prove their claim

• THIS MEANS must show evidence that the defendant did something wrong

• IF claimant can not prove it they lose the case

PROSECUTION 

• Side that brings the case - can be called ‘THE CROWN’

• Says a law was broken

• PROSECUTOR is a lawyer responsible for examining police evidence

• The prosecutor decides whether to take the criminal proceeding to court 

• Employed by Crown Prosecution Service 

DEFENCE

• The person accused of the crime 

• Also called the ‘DEFENDANT’ or ‘THE ACCUSED’

• Tries to show the accused is not GUILTY

WHERE DO CRIMINAL TRIALS TAKE PLACE ?

• Magistrates’ Court

• Crown Court

MAGISTRATES’ COURT

• Heard by 3 magistrates or 1 district judge

• They decide if defendant is guilty

• Give the punishment if person is found guilty

CROWN COURT

• Cases heard by judge and jury 

• Jury decides if the defendant is guilty or not

• Judge gives the sentence if the person is guilty 

APPEAL

• Challenging a decision if you believe it was wrong

WHERE CIVIL APPEALS ARE HEARD

• High Court (DIVISIONAL COURT)

• Court Of Appeal

• Supreme Court

CRIMINAL LAW 

• Protects society and controls harmful behaviours 

• Case bought by State also called the Crown

• Burden Of Proof - Prosecution

• Threat to punish to regulate society

• Magistrates Court and Crown Court

CIVIL LAW

• Protects individuals

• Resolves disputes between individuals

• Claimant is the one who brings the case

• Burden of proof is the claimant

• Outcome is usually compensation - money

• County Court , High Court

PRIVATE LAW

• PROTECTS PERSONAL RIGHTS

• Between individuals

• Contract Law - agreements

• Family Law - relationships , divorce

• Property Law - Land , possessions]

• Probate - wills and inheritance

• Company Law - Business rules

PUBLIC LAW

• PROTECTS SOCIETY AND GOVERNS STATE POWER

• Between individuals and the state

• Criminal Law- offences and punishment

• Constitutional Law - how the country is run

• Administrative Law - Gov decisions

• Social Welfare Law - Benefits and support

STATUTORY INTERPRETATION

• Process judges use to understand and apply laws written by the Parliament

JUDICIAL  PRECEDENT

• principle where judges follow decisions from previous cases.

• It’s a system used by judges to ensure consistency in legal rulings.

BINDING PRECEDENT

• must be followed in future cases.

PERSUASIVE PRECEDENT

• may influence decisions but are not obligatory.

3 KEY FACTORS THAT HELP DETERMINE IF A PRECEDENT IS BINDING OR PERSUASIVE

• Court hierarchy - higher courts set binding precedents for lower courts

• Ratio decidendi vs. obiter dicta - only the legal reasoning (ratio) is binding ; commentary (obiter) is persuasive

• Material Facts - if facts similar precedent more likely to be binding

ADVANTAGES DOCTRINE PRECEDENT

• makes the system consistent.

• Easier to predict the result of litigation – Law is clear

• Allows the English Legal System flexibility

• Decisions can be adapted and extended to reflect changes in the society

DISADVANTAGES - DOCTRINE PRECEDENT

•The law is very complex due to vast number of cases.

•Inconsistencies can arise – judgement may contain differing and even conflicting.

•Law can become rigid, leading to inflexibility.

•Precedent can be hard to understand and ever harder to apply.