The nature of the law and the English legal system

• Enforceable legal rules and principles


  Rules and regulations made by the state, administered by state organisations, that we obey because we have to
• Other rules


  Such as rules of football or social etiquette, not enforceable by the state, we obey because we choose to
• Categories of legal rules and regulations


  • Procedural laws
  • Substantive laws
  • Public laws
  • Private laws
• Procedural laws


  Prescribe the framework in which other laws are made and enforced
• Procedural laws example

  • The Police and Criminal Evidence Act 1984 provides a procedure to be followed by the police in order to make a lawful arrest
• Substantive laws


  Create and define legal rights and obligations
• Substantive laws example


  • Criminal offences, employment rights, law relating to divorce
• Public laws


  Govern the relationship between the state and its citizens
• Public laws example


  • Criminal laws, most procedural laws, define the powers of Parliament, government and other key institutions
• Private laws


  Create rights enforceable between individuals, mainly substantive in nature
• Private laws example


  • The law of trespass allows you to restrict access to your property
• Criminal law creates criminal offences and punish those who commit them
• Criminal law fits into both the substantive and public categories
• Civil laws create rights that are enforceable between private individuals, do not aim to punish but to compensate those whose rights have been violated
• Civil laws fit into the substantive category
• The same unlawful conduct may sometimes be both a crime and a breach of civil law
• Civil law is based on common law rules, whereas criminal law is based on statutes
• Decisions of the Supreme Court do not hear appeals in civil law cases
• What are the different sources of law?
• COMMON LAW


  Unwritten laws developed by judges through court decisions and legal precedents.
• EU LAW (RETAINED)


  Laws enacted by the EU that were in force before the UK's withdrawal on January 31, 2020.
• CASE LAW


  Specific court decisions that establish new legal principles or clarify existing ones.
• JUDICIAL PRECEDENT


  Decisions made by higher courts that serve as a guide for lower courts and future cases.
• CUSTOM


  Unwritten rules and practices that have been complied with over time, often in a specific area or community.
• STATUTE LAW


  Laws passed by Parliament, such as Acts of Parliament. Examples: Acts of Parliament, Delegated Legislation.
• DEVOLED BODIES


  Laws and regulations made by devolved authorities, such as the Welsh Assembly and Scottish Parliament.
• What is law defined as in the context of employment law?


  A system of rules enforced by governments to regulate behaviour
• How does law function as a means of justice?

  It provides a framework for fairness, resolving disputes, and protecting rights
• Why is law important for individuals?

  It protects rights, safety, and provides a system to resolve disputes
• What role does law play for businesses?


  It ensures fair competition, contract enforcement, and workplace safety
• How does law benefit society as a whole?


  It maintains order, prevents chaos, and promotes fairness and justice
• What is one of the British values related to individual rights?


  Individual liberty
• What does the rule of law emphasize?


  Understanding and following rules
• What is the significance of democracy in British values?


  It involves decision making and freedom of opinion
• What does tolerance mean in the context of British values?


  Respect for diversity in faith and cultures
• What does mutual respect entail?


  Treating others as you want to be treated
• Who are the primary employment stakeholders?

  Employers and employees
• What are the responsibilities of employers in the workplace?


  Pay employees, control work hours, and job duties
• What is the role of employees in the employment relationship?


  Hired to do specific jobs in exchange for wages, benefits, and leave
• What does employment law regulate?


  The relationship between employers and employees