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
- provides rules
- 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
- legislation created by the government -westminster
- common law
- 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
- used to describe legal systems based on english legal system
- 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
- a LEGAL SYSTEM is the way the country is structured and operated
- 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
- private law
- civil law and criminal law
- civil law
- relationship between individual citizens
- settle arguements
- helps find remedies or solutions
- NOT punishment
- NOT punishment
- helps find remedies or solutions
- 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
- civil law
- common law and statute law
- 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
- created by parliament at westminster
- legislation is now the main source of law in england
- BUT, the courts help to interpret the legislation
- created by parliament at westminster
- 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
- European union
- what is law?
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