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Questions and Answers
What is the primary purpose of criminal law?
What is the primary purpose of criminal law?
Which court serves as the final court of appeal in the UK for civil cases?
Which court serves as the final court of appeal in the UK for civil cases?
What distinguishes public law from private law?
What distinguishes public law from private law?
What role does the judiciary play in the English legal system?
What role does the judiciary play in the English legal system?
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Which of the following is a characteristic of private law?
Which of the following is a characteristic of private law?
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What is an essential principle underlying the English legal system?
What is an essential principle underlying the English legal system?
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Which institution is responsible for creating laws in the English legal system?
Which institution is responsible for creating laws in the English legal system?
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What is the primary aim of civil law?
What is the primary aim of civil law?
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What is the primary purpose of equity in the legal system?
What is the primary purpose of equity in the legal system?
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Which statement best describes the role of judges in statutory interpretation?
Which statement best describes the role of judges in statutory interpretation?
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What does the Literal Rule focus on in statutory interpretation?
What does the Literal Rule focus on in statutory interpretation?
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What approach does the Golden Rule in statutory interpretation allow for?
What approach does the Golden Rule in statutory interpretation allow for?
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What is one of the key elements the Tribunal considered when deciding on the classification of a Jaffa Cake?
What is one of the key elements the Tribunal considered when deciding on the classification of a Jaffa Cake?
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What does the Mischief Rule aim to achieve in statutory interpretation?
What does the Mischief Rule aim to achieve in statutory interpretation?
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Which legislative acts allowed courts to provide both equity and common law remedies?
Which legislative acts allowed courts to provide both equity and common law remedies?
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In the context of the Jaffa Cake classification, what is a relevant factor regarding its packaging?
In the context of the Jaffa Cake classification, what is a relevant factor regarding its packaging?
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What is the main purpose of statutes in the UK?
What is the main purpose of statutes in the UK?
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Which two entities are involved in the creation of law in the separation of powers?
Which two entities are involved in the creation of law in the separation of powers?
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Which concept allows individuals to plan their actions based on a predictable legal system?
Which concept allows individuals to plan their actions based on a predictable legal system?
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What is a key characteristic of common law?
What is a key characteristic of common law?
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What is required for a fair trial according to the principles outlined?
What is required for a fair trial according to the principles outlined?
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Which of the following describes the role of the judiciary?
Which of the following describes the role of the judiciary?
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What is meant by the principle of parliamentary sovereignty?
What is meant by the principle of parliamentary sovereignty?
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What is the definition of equity in the context of law?
What is the definition of equity in the context of law?
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What is a characteristic of a Private Bill?
What is a characteristic of a Private Bill?
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What type of Bill combines elements of both public and private Bills?
What type of Bill combines elements of both public and private Bills?
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What is the primary role of the ratio decidendi in establishing precedent?
What is the primary role of the ratio decidendi in establishing precedent?
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What distinguishes Common Law from Statute Law?
What distinguishes Common Law from Statute Law?
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Why does Common Law evolve over time?
Why does Common Law evolve over time?
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What is the typical path for a Public Bill before it becomes law?
What is the typical path for a Public Bill before it becomes law?
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What must a judge's ruling refer to for it to bind lower courts?
What must a judge's ruling refer to for it to bind lower courts?
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What occurs when Parliament decides not to legislate?
What occurs when Parliament decides not to legislate?
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Study Notes
Introduction
- This module explores the English legal system and its contemporary implications.
- Key topics include medical law, ethics, human rights, crime, family law, environmental law, and company law.
- The module encourages critical analysis, debate, and the application of ethical principles.
- Students are expected to check SurreyLearn daily, review their personal timetables, and be aware that seminar rooms may vary weekly.
Structure of the Module
- The module's structure examines the English legal system and its methods of law creation.
- Key aspects covered include statutory interpretation, the court structure, and the distinction between public and private law.
Aims of the Module
- To gain a comprehensive understanding of the foundation of the English legal system, including the distinction between public and private law.
- To identify the roles of Parliament and the courts in the system.
- To differentiate between civil and criminal law, and to understand the specific courts and remedies associated with each.
- To comprehend statutory interpretation and the functions of various courts within the justice system.
English Legal System
- Established to ensure the institutions and bodies create and manage a just system of law.
- Key principles include equality, accessibility of the law (ignorance is not a defense), independent judiciary for fairness and impartiality, and checks and balances through Parliament, courts, civil service, media, and public scrutiny.
Branches of Law
- The English legal system distinguishes between public and private law.
Public Law
- Regulates how public bodies (like the government) interact with individuals and ensures fair treatment.
- Shapes the structure and operations of public bodies.
- Example: Criminal law.
Private Law
- Addresses disputes between individuals and private entities.
- Aims to provide remedies (compensation) for victims, rather than punishment of offenders.
- Example: Family or property law.
Criminal vs Civil Law
- The legal system contains separate branches with different purposes.
- Criminal law aims to punish offenders, while civil law seeks remedies (like compensation) for victims.
- Each branch has its own procedures and standards of proof.
- It's possible for both criminal and civil actions to be pursued simultaneously in certain cases.
The Creation of Law
- Laws are primarily derived from two sources: statutes (Acts of Parliament) and common law (judge-made law).
- Statutory law is created through a process where bills are introduced in the House of Commons or Lords.
- After agreement from both Houses and receiving Royal Assent, the bill becomes an Act of Parliament.
- Common law is built on precedents set by court decisions.
- Equity supplements common law by offering remedies when common law is inflexible or insufficient.
Parliamentary Sovereignty
- Parliament holds supreme legal authority in the UK and can create or abolish any law.
Separation of Powers
- This principle divides governmental power into three branches:
- The legislature (Parliament): Makes the laws.
- The executive (Crown and Government): Implements policies and enforces laws.
- The judiciary (courts): Interprets laws and ensures adherence to proper processes.
The Rule of Law
- Lord Bingham (2010) outlined key elements of the Rule of Law:
- No one is above the law: The law applies equally to everyone unless objective differences justify different treatment.
- Accessibility: Laws must be readily accessible and understandable.
- Certainty: Laws should be clear and predictable, allowing individuals to plan their actions based on them
- Acting fairly: Government officials must use their powers reasonably, in good faith, and within the limits of their authority.
- Effective legal process: The state should provide accessible and cost-effective ways for people to resolve legal disputes. Justice should not be delayed or excessively expensive.
- Fair trial: Individuals have the right to a fair trial when their legal rights and responsibilities are at stake. Judges must be independent and impartial.
- Fundamental rights protection: The legal system must provide robust protection of fundamental human rights.
Checks and Balances
- The legal system employs various checks and balances, creating a balance of power.
- Examples include the ability of the House of Lords to challenge the government's proposed legislation (e.g., the Crime Bill).
- The UK's membership in the European Union (until 31 January 2020) also played a role in checks and balances.
Statutes
- Key points about statutes:
- Bills are introduced in Parliament, with the majority being Public Bills, while Private Members' Bills are proposed by individual MPs or Lords.
- Private Bills focus on specific individuals or organizations, while Hybrid Bills combine public and private aspects.
Common Law
- Common law, also known as case law, is a system of legal precedent.
- Its creation is based on past judicial decisions.
- Parliament generally only legislates on the issue when it deems it necessary.
- Notable example: the law of negligence.
- Benefits of common law: adapts to societal changes and reflects evolving values.
The Case of Donoghue v Stevenson (1932)
- This famous case laid the foundation for the common law of negligence.
- Involved a woman who found a snail in her ginger beer, leading to a lawsuit against the manufacturer.
Precedent and its Application
- Judicial decisions from higher courts are binding on lower courts (precedent).
- This creates consistency in the application of the law.
- The common law evolves to address changing social values and practices.
- The ratio decidendi (reason for the decision) in a precedent is binding, while obiter dicta (statements made "by the way") are persuasive but not binding.
Equity
- Equity provides a legal remedy when common law is inadequate or inflexible.
- Common law primarily relied on money damages as a remedy, while equity introduced other remedies.
- The Judicature Acts of 1873 and 1875 consolidated both law and equity.
Jaffa Cake Example
- Illustrates the use of statutory interpretation.
- The Tribunal's decision on whether a Jaffa Cake is considered a cake or a biscuit depended on various factors:
- Ingredients
- Texture
- Marketing (where it's displayed in shops)
- Packaging
- Eating habits
- Staling properties
- Size.
Statutory Interpretation
- The process by which courts interpret the meaning of legislation.
- Judges aim to understand and uphold the will of Parliament.
- Quotes Donaldson J (Corocraft Ltd v Pan American Airways Inc 3 W.L.R. 714): "The interpretation of statutes is a craft as much as a science..."
Approaches to Statutory Interpretation
- Three major approaches are used by the courts:
- The Literal Rule: Uses the literal meaning of words.
- The Golden Rule: Allows broader interpretation when the literal rule leads to absurdity or inconsistency.
- The Mischief Rule: Examines the reason for the law's creation (the mischief) to resolve ambiguity.
Seminar 2 Preparation
- Read Chapter 4.2 of the Legal Skills book, available on SurreyLearn/ Course Materials/ Digital Textbook Bookshelf.
- Watch the short presentation on "The Court Structure" available on SurreyLearn/ Panopto.
Useful Resources
- Parliament website: https://www.parliament.uk/
- Justice website: https://justice.org.uk/wp-content/uploads/2015/09/Law-for-Lawmakers-FINAL.pdf
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Description
This quiz tests your understanding of the English legal system, focusing on its main components such as medical law, family law, and human rights. It covers the methods of law creation, statutory interpretation, and the distinction between public and private law. Engage with critical analysis and ethical implications within the system.
