English law

  • Created by: 187088
  • Created on: 21-09-17 16:50
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  • English law
    • what is law?
      • provides rules
        • what we can and cant do
      • true in out personal (criminal law) and business lives (contract law)
      • ORDER
        • creating and maintaining social order
        • help to deal with arguments
      • different countries have different forms of law
        • many principles can be found in other other legal systems
    • categories of law
      • common law and statute law
        • common law
          • the law and procedures created by the courts
          • since the early 20th century english law has been enacted by statute.
            • however the courts decide on the effect of the statute law
        • statute law
          • legislation created by the government -westminster
            • eg. sales of goods act 1979
            • eg. employee relations act 1999
      • common law system and civil law system
        • a LEGAL SYSTEM is the way the country is structured and operated
          • commom law and civil law system are used to describe legal system
        • common law systems
          • used to describe legal systems based on english legal system
            • usually countries which were part of the British empire. (america, Australia, new Zealand)
          • works on a basis of "case" law. previous cases informing current cases
        • civil law systems
          • use to describe legal systems based on old roman law (italy)
          • consists of a legal code of general principles which is the source of law
      • private law and public law
        • private law
          • deals with relationships between "ORDINARY"  people in everyday transactions
          • the law of contact and law of tort
          • includes you and me and businesses and companies
            • eg. trespassing
        • concerned with relationships
        • public law
          • relionships between government organisations and ordinary citizens
          • constitutional law, administrative law, and criminal law
            • statute law
      • civil law and criminal law
        • civil law
          • relationship between individual citizens
          • settle arguements
            • helps find remedies or solutions
              • NOT punishment
            • NOT punishment
          • includes all private law and some public law
          • only have to prove the balance of probabilities
        • criminal law
          • punishes people
          • NOT providing remedies or solutions
            • punishes people
          • different on how criminal law and civil law relate to the court cases
          • crimes
          • rules created by the state which forbid certain behaviour
          • the procecutors must prove their case beyond reasonabke doubt
    • sources
      • European union
        • currently the uk is a member of EU
        • the EU has the power to create rules and regulation
        • applies to all members
          • the EU has the power to create rules and regulation
      • domestic legislation
        • created by parliament at westminster
          • signed by the queen
          • recorded by statute books
        • only applies to England
        • introduced by the government
          • created by parliament at westminster
            • signed by the queen
            • recorded by statute books
        • legislation is now the main source of law in england
          • BUT, the courts help to interpret the legislation
      • case law
        • courts, judhges, legal professional interpret the law
        • decisions made in one case can influence future decisions in future cases
        • recorded in law reports
          • lawyers advise their clients
          • lawyers argue their clients case

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