Week 1 Intro to Law PDF

Title Week 1 Intro to Law
Course eipom
Institution University of Central Lancashire
Pages 4
File Size 183.6 KB
File Type PDF
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Summary

馃Week 1 : Intro to LawLearning Objectives What is Law What is the 'English' legal system What are the branches of law What are the sources of lawWhat is Law Rules set out and applied by the state in the administration of justice Why do we need laws? Regulation of social conduct Enable ppl to live in...


Description

Week 1 : Intro to Law Learning Objectives What is Law What is the 'English' legal system What are the branches of law What are the sources of law

What is Law Rules set out and applied by the state in the administration of justice Why do we need laws? Regulation of social conduct Enable ppl to live in a well ordered society What is the English legal system The legal system of England AND Wales Why is it not called the UK or Great Britan legal system? UK = England (country)+ Scotland (country)+ Nothern Ireland (country) + Wales (prinicpality)

Scotland and Nothern Ireland have diff legal systems. Wales doesnt have its own legal system - rules in England apply to wales What is a system How law is administered - State Agencies 顐丳olice, parliment, army, navy, airforce) What are the branches of law? Civil Law and Criminal Law Explain Civil Law Civil Law : Legal mechanism through which indiv can claim against others Under it Medical Law, Tort Law (pt can sue drs) (medical law is a form of tort law- tort law is an older version) Contract Law, Business Law, Sports Law, etc. What is its aim Aim : Pursue a civil claim 顐丮onetary compensation) NOT to punish wrongdoer How are cases reported as : claimants and defendants Claimant - person suing Defendant - Doctor involved (wrong doer) USE LAST NAME e.g. IF Jade Milton is suing Dr John Smith , it will be Milton v. Smith Explain Criminal Law Relates to conduct that State disapproves of e.g. Murder, Rape, Arson, Burgulary, Domestic Violence What is its aim Cases brought to the state in the name of the Crown. AIM is to punish - imprisonment/ community service How are cases reported as? If Jay Alan was charged for murder of Alice Jones,

R.顐丆rown) v Alan 顐丏efendant - Accused wrongdoer)

What does it mean by an adversarial system of justice? Trying to convice the judge that their version is more convincing than the other - the lawyers Where do English laws come from - what are the sources of law? Statutes and Case Law What are Statutes? Acts of parliment : Laws that are passed by parliment a.k.a Legislation e.g. Abortion Act 1967, Children Act 1989, Mental Capacity Act 2005 What does act of parliment consist of? A short title and a long title Long title : Description for purposes of the act In medical law - refer to short title What does the parliment consit of? The Monarch (queen) , The House of Lords (non democratically elected body), The House of Commons (democrticaly elected body) What do Statutes state? What is forbidden 顐圖angerous Dogs Act 1991 : cant keep certain dangerous dog breeds , Hunting Act 2004 : prohibit hunting of dogs and foxes What is required - Communications Act 2003 : U need a license to watch TV, Road Traffic Act : Seatbelts are compulsary What is authorised - Same sex marriage act 2013, Anti-terrorism Act 2001 What is the succession to the Crown Act 2013? Sucession of throne will now be in the order of birth rather than sons automatically having power over daughters What is case law?

Law making is usually made by judges. Law making is done by precedent and by statutory interpretation Statutory Interpretation They interpret the highly complicated words (ambiguity of language) that law has and apply it to facts at hand (the unpredictablity of fact situations) Judicial Precedent Doctrine of judicial precedent or stare decisis (stand by what has been decided) - When judges try to resolve conflicts in court, they would apply principles of law that has been articulated in past cases that bear the closest resemblance to the case at hand They are bound by what has already been decided, expected to stand by what has already been decided - to ensure certainty to the law is brought about What is the hirarchy of courts?...


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