Legal Foundations Lecture 2 PDF

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LEFO Lecture 2  What is Law o The law is a set of rules, enforceable by the courts, which regulate the government of the state and governs the relationship between the state and its citizens and between one citizen and another.  Classifications of Law o

Classifications of the law Constitutional Public Law

Administrative Criminal

Law

Contract Tort Private Law

Property Trusts Family

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Private (or ‘civil’) law Contract

Tort

Property

Trusts

Family

• Holding people to their agreements. Where a valid contract can be identified, a party who fails to do what they have promised to do can be required to pay damages (and occasionally to perform what they have promised)

• Providing remedies for wrongs committed outside the context of an agreement – e.g. Suing for damages for injuries suffered in a car accident; libel; accidents at work

• Allowing people to assert rights to land, and also to moveable and intellectual property. Rights may arise from ownership or possession

• Regulating “trusts” (relationships created at the direction of an individual, in which one or more persons hold the individual's property subject to certain duties to use and protect it for the benefit of others)

• Regulating personal relationships (validity of marriage, criteria for and consequences of divorce, protection of children etc)

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Sources of law

Source Fig 3.2 Slapper & Kelly 2015-2016

Primary and secondary sources PRIMARY

Legislation

SECONDARY

Case Law

Journals Hansard

Secondary Legislation

Primary Legislation

Books

Legal Encyclopaedias

Reference works

Gov/Off Pubs

Statutory Instruments

By-laws

Church Instruments

Codes of Practice

Church of England Measures

Statutes/Acts of Parliament Welsh Assembly Acts Public General Acts

Local and Personal Acts From INSRV presentation

 Bills and Acts o A Bill is a proposal for a new law, or a proposal to change an existing law that is presented for debate before Parliament o Bills are introduced in either the House of Commons or House of Lords for examination, discussion and amendment o When both Houses have agreed on the content of a Bill it is then presented to the reigning monarch for approval (known as Royal Assent) o Once Royal Assent is given a Bill becomes an Act of Parliament and is law. It may apply to the UK as a whole or to specific areas of the country o An Act may come into force immediately, on a specific starting date, or in stages. o Different types of Bills can be introduced by:  The government  Individual MPs or Lords  Private individuals or organisations

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 Delegated Legislation o Delegated or secondary legislation is usually concerned with detailed changes to the law made under powers from an existing Act of Parliament o The original “enabling” Act (primary legislation) makes provision for further rules to be made by a Government Minister or another body (e.g. local authority or university byelaws are delegated legislation) o Statutory instruments form the majority of delegated legislation but it can also include Rules or Codes of Practice o Delegated legislation allows the Government to make changes to the law without needing to push through a completely new Act of Parliament. o These changes may be merely technical e.g. altering the level of a fine. But often an Act contains only a broad framework, and detailed regulation is added through delegated legislation  Common Law V Equity

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Comparing common law and equity CommonLaw

Equity

Developed by circuit judges from English customary law – eventually applying the principle of precedent (stare decisis)

Developed by Chancellors in dealing with petitions addressed to the King from subjects complaining about the rigidity of the common law

Complete system of law

Complements the common law but does not replace it

Does not recognise the existence of equity

Acknowledges the common law, and does not go against it, but tries to provide an alternative solution

Upholds rights irrespective of the motives or intentions of the parties

Originally a court of conscience which ordered the parties to do what was just and fair. Established equitable maxims

Remedies available as of right

Discretionary remedies...