English Legal System And Legal Method

Key Vocabulary for English Legal System and Legal Method:

1. Common Law: Legal system based on judicial decisions and precedents.

2. Statutory Law: Laws enacted by legislative bodies.

3. Case Law: Law established by previous court decisions.

4. Precedent: Legal decision serving as an authoritative rule for future cases.

5. Hierarchy of Courts: System of courts with varying levels of authority.

6. Judiciary: Branch of government responsible for interpreting laws.

7. Legal Profession: Individuals involved in the practice of law.

8. Solicitor: Legal professional providing advice, preparing legal documents, and representing clients in lower courts.

9. Barrister: Legal professional specializing in courtroom advocacy and representing clients in higher courts.

10. Legal Method: Systematic approach to analyzing and applying legal principles.

11. Legal Reasoning: Process of applying logic and principles to reach legal conclusions.

12. Legal Research: Investigation and analysis of legal sources to support legal arguments.

13. Doctrine of Precedent: Principle that courts are bound by decisions of higher courts.

14. Stare Decisis: Latin term meaning "to stand by things decided," emphasizing the importance of precedent.

15. Ratio Decidendi: Reasoning behind a court's decision that establishes a precedent.

16. Obiter Dicta: Statements made by a judge in passing that are not binding as precedent.

17. Legal Citation: Formal reference to legal authorities in legal documents.

18. Judicial Review: Power of courts to review the constitutionality of laws and government actions.

19. Legal System: Framework of laws, institutions, and procedures governing a society.

20. Adversarial System: Legal system where parties present their cases before a neutral judge or jury.

    English Legal System

    1. Structure of the Courts

    Let's start with the structure of the courts in the UK. Here's a simplified diag

    
    UK Court System
    
    │
    
    ├─ Supreme Court
    
    ├─ Court of Appeal
    
    
    ├─ High Court & Crown Court
    
    └─ County Court & Magistrates' Court
    
    
    

    Supreme Court │ Court of Appeal │ High Court & Crown Court │ County Court & Magistrates' Court

    • Supreme Court: The highest court in the UK. It handles appeals on important legal issues.

    • Court of Appeal: Divided into Civil and Criminal Divisions. It hears appeals from lower courts.

    • High Court: Handles more serious civil cases. It's divided into three divisions: Queen's Bench, Chancery, and Family.

    • Crown Court: Deals with serious criminal cases and appeals from Magistrates' Court.

    • County Court: Handles less serious civil cases.

    • Magistrates' Court: Deals with minor criminal cases, family matters, and some civil cases.

    2. Sources of Law

    There are several sources of law in the UK:

    • Legislation: Laws made by Parliament (statutes).

    • Common Law: Laws developed through court decisions (judicial precedents).

    • European Union Law: Applicable when the UK was a member, still relevant for certain cases.

    • European Convention on Human Rights (ECHR): Influences UK law through the Human Rights Act 1998.

    Legal Method

#### 1. Statutory Interpretation

Statutory interpretation is about how judges understand and apply laws written by Parliament. Here are the main rules and approaches:

- Literal Rule: Judges take the words of the statute in their plain, ordinary meaning, even if it leads to an outcome that might seem harsh or absurd.

- Example: If a law states, "No vehicles in the park," under the literal rule, even a toy car might be considered a vehicle and therefore banned.

- Golden Rule: If the literal interpretation leads to an absurd result, judges can modify the meaning to avoid that absurdity.

- Example: If the literal interpretation of "vehicles" includes ambulances, the golden rule would allow ambulances in the park for emergencies.

- Mischief Rule: Judges look at the law's purpose and what "mischief" the law was intended to prevent.

- Example: If the law was made to prevent noisy traffic in the park, the mischief rule would allow non-noisy vehicles like electric scooters.

- Purposive Approach: Judges consider the broader purpose of the law and interpret it in a way that furthers that purpose.

- Example: If the law’s purpose is environmental protection, judges might interpret "vehicles" to exclude bicycles, which are eco-friendly.

#### 2. Judicial Precedent

Judicial precedent is the principle that past court decisions should guide future cases. Here's a more detailed flowchart to illustrate how this works:

```

Case A (Decision Made)

│

Binding Precedent

│

Lower Courts Follow

│

Case B (New Case)

│

Follow Case A

```

- Binding Precedent: Decisions made by higher courts must be followed by lower courts in future similar cases.

- Example: If the Supreme Court rules that certain contracts are invalid, lower courts must follow this decision in similar future cases.

- Persuasive Precedent: Decisions from courts of the same level, lower courts, or courts in other jurisdictions can influence but do not bind.

- Example: A decision from a Scottish court might influence an English court, but the English court is not required to follow it.

#### Key Principles

- Stare Decisis: This Latin phrase means "to stand by things decided." It’s the principle that ensures consistency and predictability in the law by following precedents.

- Ratio Decidendi: The legal principle or reason for the court's decision. It is binding in future cases.

- Example: In a case where a court decides that breaking a contract due to fraud is invalid, the ratio decidendi is the principle that fraud invalidates a contract.

- Obiter Dicta: Comments made by judges that are not essential to the decision. These are not binding but can be persuasive.

- Example: If a judge speculates on a different scenario, that speculation is obiter dicta and not binding.

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