Week 1 Law

• Criminal law


  A form of public law that aims to regulate society's behaviour through the threat of punishment
• Criminal law


  • Crimes are committed against the state
  • The accused is prosecuted by the state in the name of the crown
  • The guilty party is punished with monetary fines, and or imprisonment
  • Guilt must be proved beyond all reasonable doubt
• Civil law


  A form of private law that aims to resolve disputes between individuals or individuals and organisations
• Civil law


  • A claimant takes private court action against a defendant
  • The defendant is found liable on a balance of probabilities
  • Remedies for a civil offence include damages, specific performance, injunctions, rescission
• Common law


  Developed by courts over many years from ancient customs and traditions and through case based judicial decisions, harmonised into one system of law
• Common law


  • Courts bound to follow decisions of previous courts in cases with similar facts
  • Remedy is damages or compensation
• Binding precedent


  Earlier decision taken by a higher court that must be followed
• Binding precedent


  • Only the "ratio decidendi" (the reason for the decision) is binding
  • Judges can "distinguish" cases on the facts
• Persuasive precedent


  Not bound by lower courts, but may be followed
• Persuasive precedent


  • "Obiter Dicta" (things said along the way in the judgement) are merely persuasive
• Advantages of common law

  • Consistency - Cases with the same facts have the same outcome
  • The law is clear - Common law applies to everyone and avoids ambiguity
• Disadvantages of common law

  • The law is too rigid - inflexible
  • What if case is unique and no precedent exists?
  • Judges have little flexibility to deviate from an established precedent- therefore can lead to unfair outcomes
• Equity


  There to provide additional remedies when common law damages does not solve the problem
• Equity


  • Developed by the Lord Chancellor to mitigate the hardship of Common Law and to provide new remedies
  • Equity allows judges to flexibly deviate from the common law and produce a fair outcome
  • Equitable remedies are awarded on the judge's discretion and not as a matter of right
• Statute law


  Law made by parliament
• Statute law


  • Parliament is said to be sovereign in England – acts cannot be challenged by courts or the king
  • Overrides the common law and equity, not vice versa
• How statute is created

  1. House of commons: First reading, Second reading, Committee stage, Report stage, Final reading and vote

  2. House of lords: First reading, Second reading, Committee stage, Report stage, Final reading and vote

  3. The king gives a Royal Assent
• Delegated legislation


  Laws created by other people and organisations under the authority of a parent act
• Types of delegated legislation

  • Statutory instruments
  • Bye laws
  • Orders in council
• Statutory instruments


  • Ministers given power to make laws for their area of government
  • Main uses: Filling out details of broad-based Acts, To update laws, To allow experts to make laws, To set a start date for a law
• Bye laws


  • Delegates to other bodies bye-laws
  • Act passed by Parliament
  • The local authority or public corporation then makes the laws in their local area
• Orders in council


  • Parliament delegated authority to the Privy Council to make law
  • The Privy council can then make laws
  • The Privy Council – A collection of senior politicians who are or have been MPs. Includes all members of the cabinet, senior members of the shadow cabinet and representatives from the third largest party, as well as royals
• European Law


  Became part of English law when the UK joined the EU in 1973, through the European Communities Act 1972
• European Union institutions involved in law making or administration

  • The European Council
  • The European Commission
  • The Council of the European Union
  • The European Parliament
  • The Court of Justice of the European Union
• Types of European law


  • Primary law: Treaties - binding agreements between EU member countries
  • Secondary law: Regulations - binding; apply automatically and uniformly to all member states, Directives - do not apply directly, member states must implement into their own national laws, Decisions of CJEU - binding on those to whom they are addressed, Recommendations and opinions - not binding
• Retained EU Law


  The EU law that applies at the end of the transition period, incorporated into the UK's legal framework through the EU (Withdrawal) Act 2018
• Civil court system


  • Supreme court
  • Court of appeal
  • High court
  • County court
• County court


  • Hears lower value civil cases at first instance
  • Civil cases are allocated to small case, fast track, or multi track tracks
• High Court


  • Hears higher value (over £100,000 or personal injury cases over £50,000) or complex civil cases at first instance
  • Operates in three divisions: Queen's bench, Chancery, Family
• Court of Appeal and Supreme Court

  • Court of Appeal - Second highest domestic court, hears civil and criminal appeals from the high court and the crown court
  • Supreme Court - Hears civil and criminal appeals from the Court of Appeal and occasionally the High Court
• Criminal court system


  • Supreme Court
  • Court of Appeal
  • High Court
  • Crown Court
  • Magistrates Court
• Magistrates Court


  • Hears less serious (summary) criminal cases first instance
  • More serious (indictable) cases start here to ensure there is a case to answer before sending to crown court
  • Either-way criminal cases also start here
  • Can only impose limited sentence – up to 12 months
• Crown Court


  • Hears serious criminal cases at 1st instance
  • Cases are heard by indictment
  • Judge and jury of 12 sit, judge decides on law, jury decides on facts
  • Judge also decides sentencing in cases referred from the Magistrates court
• Tribunals


  Court like bodies that settle disputes in a simpler, low-cost way; organised into the First-Tier Tribunal and Upper Tribunals
• Tribunals


  • Both Tribunals are composed of qualified judges who are experts in the relevant fields and are part of the judiciary
  • There are some Tribunals outside the two-tier system e.g. Employment Tribunal and professional disciplinary Tribunals
  • No legal aid for tribunal complaints
  • Appeals can be made from Upper Tribunals to court of appeal