Legal Foundations 1

• History of the English Legal System


  Common Law became prominent in the terms of replacing local laws and customs by the Royal Courts after the Norman Conquest in 1066 which resulted in changed profound politics and administration in the British Isles
• Common Law & Equity


  Equity embodies justice with adapted legal principles that operated in parallel to the Common Law

  
  

  Historically, the Crown delegated its judicial power to the Exchequer, the Common Bench and the Kings/Queens Bench; meanwhile the Common Bench was handling civil cases regarding land rights and action for debt, corruption (bribery of jurors) left Common Law to unjust outcomes.

  Equity resembles the embodiment of the renewal of legal principles parallel to the common law
• What happened in 1927 regarding Ireland?

  26 counties gained independence and formed the Republic of Ireland
• Since when has the Prince of Wales shared the same legal jurisdiction with England?

  Since 1542
• What is Sustainable Law's purpose?

  • Substantive Law handles the legal obligation of the rights to an individual to recover for breach of contracts, negligence or fraud
• What is a statue?

  Written law enacted by a legislative body (Parliament)
• What is the English Legal System?

  The English Legal System serves as the foundation of legislation to operate a Common Law in England and Wales and these laws are determined by the UK Parliament which consists of 3 components; The Monarch, The House of Lords, and the House of Commons. Each legislative assembly operates according to their hierarchal rank to sustain the justice in the Supreme Court.
• Historical development of Common Law & Equity

  The separate laws were merged in the Judicature Act of 1893-5 as a co-exist system by using the principles of equity where common law principles cause injustice.
• Meanings of the term 'Common Law'

  • Common Law is referred to the law created by juridical decisions.
  • Traditionally, the 'Common Law' was applied throughout the whole country of England as opposed to local law.
  • In the modern era of politics, Common Law was defined in various other countries such as the United States which was used as a foundation platform for their own legal system. After generations, countries have adapted and developed their legal principles for example with other legal traditions (culture, religion)
• Which one of these following types of law are public?

  • Civil
  • Criminal
  • Constitutional
  • Administrative
  • International
  • Human Rights
• Why is Public Law important?

  • To ensure public bodies act lawfully in the Act of Human Rights 1998; leading to fairness between citizens.
  • Prevents the abuse of power in the Constitutional Law
  • If a Public body acts unlawfully, then a judicial review will take place
• What is Administrative Law? (In relation to Public Law)

  Responds to concerned government agencies that may overuse their authority outside of their legal power.
• What is Public Law?

  Public Law covers the interest between society and the government to ensure the treatment of the citizens are treated fairly e.g. same immigration requirements.
• Who created Substantive and Procedural Law?

  Judiciary through their previous decisions in previous cases they have handled.
• Public Law illegality in private law claims

  On 24th February 2021, the SFM case argued that the local authority school committed a breach of contract under the Public Law, stating the violation of statutory prohibition on borrowing the necessary funds to build a sixth-form centre without the consent of Secretary of State. According to the relation of the Unfair Contract Terms Act 1977, the construction project was considered invalid due to insufficient obligation of statutory authority to grant the consent from the Secretary of State for further funds. Sir David Foxton
• What is Private Law?

  Resolves issues between individuals without the interference of the UK Parliament.

  To some extent, Private Law may be subjected to the regulation of Public Law
• What is the name of a court that hears the case beforehand the trial?

  Appellate Courts
• Royal Assent Act 1967
• Ejusdem generis

  • Limits the meanings of general words (e.g. 'other goods') to a more related provision.
  • Customers Consolidation Act 1876 section 43; "importations of arms, gunpowder, or any goods may be prohibited" ibid
• What is Hansard?


  Official written records of Parliament debate
• Equity

  Alternatively within a fiancial context it refers to the property held by a person in a house (once mortgage is paid off) or shareholding in a company (once any liabilities are paid off)

  The Emergence of equity:

  14th century: common law had become distorted and entrenched. Used as the foundation of justice.

  Early development 1095-1291 . Landowners within the wars in the Middle East would transfer their property to a trusted member of thei community (family friends) on their understanding if they did not return. The legal title was enforced at common law

  Legal title = right to ownership
• Equitable maxims: developed by the court of chancery

  • Equity will observe the parties intention instead of rigid procedure = more flexible
  • An equitable remedy is not available to a claimant who is not acting in good faith
  • Delay defeats equity: a claimant cannot wait too long before making a claim as they may prejudice the other party
  • Equity will not suffer a wrong to be without a remedy