Common law

• What is the first aim of the module?

  Providing you with an understanding and overview of the English Legal System
• What is the second aim of the module?

  Introducing you to the skills of finding and reading legal materials and tackling law questions
• Why is the question 'What is law?' considered useful?

  It obliges us to think about how we conceptualise complex phenomena like 'law'
• What are the two reasons for the usefulness of the question 'What is law?'?

  1. Ability to find the law presupposes that we know how to identify it; 2. It obliges us to think about how we conceptualise complex phenomena like 'law'
• What are the components of law as discussed in the module?

  • Legal rules
  • Social rules
  • Institutional sources of law
• What is the function of law according to the module?

  • System of rules
  • Guides and directs our activities
  • Distinguishes from social rules
• What distinguishes law from social conventions?

  Form tells us that it is derived from an institutional source recognized as having power to create law
• What are the four main institutional sources of law mentioned in the module?

  • Parliament
  • Courts
  • EU
  • ECHR
• What is the difference between public law and private law?

  Public law concerns areas of law related to the state, while private law defines rights and duties between individuals
• What areas are included under public law?

  • Constitutional Law
  • Administrative Law
  • Criminal Law
• What areas are included under private law?

  • Contract Law
  • Family Law
  • Tort Law
  • Property Law
• What does civil law regulate?

  Civil law regulates rights, duties, and liabilities between individuals
• What is the focus of criminal law?

  Criminal law concerns duties which individuals owe to the state
• What are the key differences between civil and criminal law?

  1. The remedies available
  2. Burden of proof
  3. The parties involved in the case
• What is common law?

  Common law is the law declared by judges, derived from custom and precedent
• What significant change occurred in the legal system after the Norman Conquest of England in 1066?

  A unified court system was created that was common to the whole country
• What does common law refer to in different contexts?

  • Law created by common law courts vs. Court of Chancery
  • Law created by courts over time vs. law created by Parliament
  • Legal tradition defining the English legal system
• What is case law?

  Case law is the decisions of judges in cases brought before the courts
• What is binding legal precedent?

  Binding legal precedent is relevant previous case law that judges must consider when deciding cases
• What does jurisdiction refer to in law?

  Jurisdiction refers to the defined geographical area where laws apply
• How does the UK legal system differ in terms of jurisdiction?

  The UK has different jurisdictions: England and Wales, Scotland, and Northern Ireland
• What is parliamentary sovereignty?

  Parliament is the supreme law-making body and may make laws on any subject it chooses
• What happens if an Act of Parliament conflicts with a common law precedent?

  The Act of Parliament prevails over the common law precedent
• Why do we cover aspects of EU law in this module?

  Much of EU law had direct or indirect effect in the English legal system
• What is the significance of the Human Rights Act 1998 in relation to the ECHR?

  The Human Rights Act 1998 implemented Convention rights into domestic law
• What are the key points to note for students in this module?

  • Attend all lectures and seminars
  • Complete the set reading each week
  • Be prepared for seminars
  • Understand all of the module to succeed
  • Take advantage of feedback opportunities
• The common law is the body of unwritten laws developed by judges over time.
• Common law is based on precedent, which means that decisions made in previous cases are used to guide future legal outcomes.
• Civil law systems have written codes of law created by legislators or other government officials.