Law 1 CSEC1001 English Legal System - Copy

Introduction to Law and Ethics in Computing and Cyber Security

Purpose of the Lecture

  • Provide a foundational understanding of the English Legal System

  • Importance of rules in everyday life

  • Recognition that much of computing law is influenced by U.S. standards

The English Legal System

Requirements for a Legal System

  • Presence of laws and lawyers

  • Functioning judges

  • Existence of courts and tribunals

  • Mechanisms for just punishment and dispute resolution

  • Enforcement agencies (e.g., police, HMRC)

Court Structure

  • Types of Courts:

    • Magistrates Courts

    • District Courts

    • County Courts

    • Crown Courts

    • Court of Appeal

    • Supreme Court

    • Additional courts (Commercial and Family)

Sources of UK Law

  • Types of Law Include:

    • Legislation

    • Common law

    • European Union law

    • European Convention on Human Rights

  • Not governed by a single code unlike some countries (e.g., Russia, France)

Legislation and Its Structure

Acts of Parliament

  • Parliament is based in London:

    • House of Commons: 650 elected representatives

    • House of Lords: nearly 800 members (200 hereditary, 600 appointed)

  • Regional parliamentary structures for devolved matters:

    • Scottish Parliament

    • Northern Ireland Assembly

    • National Assembly for Wales

Common Law

  • Originated in England during Alfred the Great’s reign

  • Based on laws/customs, incorporating the Ten Commandments and the Golden Rule

  • Enduring principles, historically protected by documents like the Magna Carta

  • Common law protects property and self-defense rights, and cannot be repealed by Parliament

European Union Law

Overview

  • Operates in areas specified by treaties

  • Impact has diminished due to Brexit (EU Withdrawal Agreement Act 2020)

  • Key areas affected include trade and justice

Types of EU Legislation

  • Regulations: Directly applicable across Member States

  • Directives: Binding with discretion for implementation

  • Decisions: Binding on Member States and potentially companies

General Principles of EU Law

  1. Human Rights

  2. Proportionality

  3. Legal Certainty

  4. Equality Before the Law

  5. Subsidiarity

Details on Key Principles

  • Human Rights

    • Derived from the Charter of Fundamental Rights and European Convention

    • European Court of Justice to uphold fundamental rights

  • Equality Before the Law

    • Article 7 of the Universal Declaration emphasizes equal legal treatment

    • Importance for minorities; judges must remain impartial

  • Proportionality

    • Evaluates lawful actions based on their appropriateness and necessity

  • Legal Certainty

    • Laws must be clear, precise, and established before enforcement

Classification of Law

Types of Law

  • Public Law: Regulates state-citizen relationships

  • Private Law: Governs interactions among individuals and organizations

    • Distinction between civil law (contracts, negligence) and criminal law (social offenses)

Civil Cases

  • Initiated by a claim form, often in County Court or High Court

  • Claimant must prove their case on a balance of probabilities

  • Potential remedies: damages, injunctions, or appeals

Criminal Cases

  • Initiated by police following a crime report

  • The Crown Prosecution Service (CPS) prosecutes based on evidence

  • Police investigate, arrest, and charge suspects

Criminal Court Structure

  • Magistrates’ Courts: Handle minor offenses

    • Not requiring legal qualifications for magistrates

  • Crown Courts: Handle serious offenses via jury trials

    • Jury decisions may be unanimous or not, and judge oversees sentencing

Conclusion

  • Overview of legal principles and systems

  • Next lecture will cover the Computer Misuse Act 1990

Final Note

  • Emphasis on the importance of understanding legal frameworks in the field of computing and cyber security.