Introduction to Law and Legal Systems

Laws are rules enforced by the state, while social norms are rules that lead to social disapproval.

Law maintains order, controls behavior, and protects rights both on a large and small scale.

A legal system based on precedent (past rulings), where judges create and interpret the law.

A legal system based on codified laws, where judges apply pre-written laws.

Legal systems that combine elements of both common and civil law traditions.

A legal system where judges rely on detailed, written codes of law to determine an outcome. These codes are comprehensive and often provide specific provisions for different situations.

A legal system where judges make decisions based on previous legal rulings (precedents). These precedents guide future judgments in similar cases.

The judge analyzes the facts and applies relevant code sections to determine if the employer violated a specific provision.

The judge compares the current case with past decisions (precedents) to determine the outcome. They may adjust the ruling based on new details.

The outcome is determined by the codified laws, often involving pre-defined penalties for specific violations.

The process lawyers and judges use to think, reason, and argue about the law. It includes techniques to solve legal problems, like advising clients or deciding court cases.

Words in statutes can have multiple meanings, leading to uncertainty about the law's application.

Rules courts use to clarify the meaning of laws written in statutes, especially when language is unclear.

Judges are bound by earlier court decisions in similar cases. Understanding and applying these precedents is crucial for legal reasoning.

Determining which parts of past decisions are binding and how they relate to current cases is an essential component of legal reasoning.

Public law deals with the relationship between individuals and the state, while private law governs the relationship between individuals.

Civil law deals with disputes between individuals, seeking compensation for harm, while criminal law involves offenses against the state, leading to punishment.

Adversarial systems have opposing parties presenting evidence and arguments, with a neutral judge, while inquisitorial systems have a judge actively investigating and gathering evidence.

The process of interpreting legal rules and applying precedents to specific cases, used by lawyers and judges to find solutions.

Past legal rulings are binding on future cases with similar facts, creating and interpreting the law over time.

The UK Parliament makes laws by passing Acts of Parliament, which are also known as statutes or legislation. These written laws express the will of the legislature and are the highest form of law in the UK.

The European Convention on Human Rights (ECHR) is a treaty protecting human rights. It is incorporated into UK law through the Human Rights Act 1998, meaning courts can strike down laws incompatible with the ECHR.

Primary legislation refers to Acts of Parliament, the most important laws. Secondary legislation, like statutory instruments, are detailed rules made under the authority of Acts with less scrutiny.

Scotland, Wales, and Northern Ireland have devolved powers to pass laws in certain areas. However, they remain bound by the laws made by the UK Parliament.