Week 1 - The Law PDF

Week 1 - The law Main sources of law in the UK 1) Statutes and statutory instruments These are the laws made by parliament and is legislation that goes through the house of commons and house 2) Customs (common law) Derived from the decisions of the courts. Dates back to middle ages. Known...

Week 1 - The law Main sources of law in the UK 1) Statutes and statutory instruments These are the laws made by parliament and is legislation that goes through the house of commons and house 2) Customs (common law) Derived from the decisions of the courts. Dates back to middle ages. Known as ‘judge made law’. Is based on decisions/legal precedents made by courts over the years. Murder = common law offence 3) Precedent (case law) Recorded decisions made by judges which clarify the law and set precedents. Lower courts are bound by decisions made by the higher courts. Example = Scott v Scott in 1913 which decided that courts should be open to the public so we can see justice in action, even if you don’t like the publicity surrounding it. 4) European convention on human rights (ECHR) Treaty, seperate from the EU which the UK has signed up to. Major factor for journalists with regards to freedom of expression and privacy. It is part of our law now (Human rights act) so courts have to take them into account when making decisions. Brexit = uk no longer subject to EU laws and regs but many have been copied and pasted into our own law. Article 8 = Right to a private life Article 10 = Freedom of expression Divisions of law 1- criminal law An offence against the community, which is prosecuted by the state (in the name of the monarch) R V Foster If you have committed a crime you go to magistrates court. More serious crimes go to crown court such as fraud Prosecution have to prove the defendant is guilty beyond reasonable doubt Penalty can be jail or a fine 2- civil law One citizen or company V another e.g. suing for compensation. Bloggs V Jones When Individuals or companies launch legal action to settle a dispute. Smaller cases go to county court, bigger cases go to high court or even supreme court. Person suing (claimant) has to prove their case based on the balance of probabilities Penalty is damages (cash) Someone could be criminally prosecuted for dangerous driving and sued for the injury caused in the civil courts Different terminology… - In a criminal court - A defendant is prosecuted for a criminal offence - They plead guilty or not guilty - They will be acquitted (free to go) or convicted (guilt has been established) - If convicted, they are fined or jailed. - In a civil court - A claimant (individuals or companies) sue a defendant - They admit or deny liability - They are found either liable or not liable - If liable, they are ordered to pay damages. Criminal courts - magistrates court - Deal with 95% of criminal cases. Low level theft, drink driving, speeding, criminal damage, public order offences, - Magistrates are lay people and not usually legally trained - Can jail someone for up to 12 months for a single offence - Magistrates sit on a bench of 3 - District judges - professional magistrates with 5 years experience as a lawyer. Appeals from a magistrates court - Defendant convicted by magistrates can appeal to the crown court - They can also appeal to the High Court King’s Bench Division on the grounds that the decision was wrong in law - The prosecution can also challenge an acquittal by magistrates - The high court can affirm or amend magistrates' decisions. Can order a retrial Crown court - Deals with the most serious offences, including murder, rape and fraud  - Trials conducted by jury - Judges oversee the case/ Three categories of judge sit here 1) High court 2) Circuit 3) Recorder/assistant recorder Appeals from a crown court - Defendant can appeal against conviction or the severity of sentence from crown court - This goes to the court of appeal which can quash a conviction and order a retrial - Appeals are heard by three judges - Any appeals from the court of appeal goes to the supreme court The supreme court - Highest court in criminal and civil law - Judges referred to as the justices of the supreme court - Only hearts appeals of high significance - no more than 50 a year - Heard by several justices - Majority decision becomes binding - Referred to as lord or lady Civil courts - Rich source of news - Private disputes - Cases involving companies or individuals suing for damages e.g. medical neglignece - Most civil cases are dealt with in county courts - The high court deals with complex or high value claims e/g/ defamation, copyright, privacy - Few cases involve juries. Types of civil litigation - Torts - civil wrongs, such as negligence, trespass, defamation, invasion of privacy, copyright infringement - Breaches of statutory duty - personal injury cases - Possession proceedings by landlords against tenants - Insolvency including bankruptcy - Family law, such as divorce, disputes between estranged parents, contact with children - Applications by local authorities to take children into care