Law

Front 1

What is law?

Back 1

English law may be defined as a body of rules, created by the state, binding within its jurisdiction and enforced with the authority of the state through the use of sanctions.

Front 2

What is rules?

Back 2

Rules are commands aimed at regulating behaviour. Rules tell us what we can and cannot do; sometimes they permit behaviour subject to fulfilling a condition, such as planning permissions or licences.

Front 3

What does " created by the state " means?

Back 3

Parliament is responsible for creating most of the law applicable in the UK. Such law is contained in Acts of Parliament or statutes. Increasingly European Union law is having much impact on this type of law. Since the Human Rights Act 1998, the European Convention of Human Rights is directly enforceable in the UK courts.

Front 4

What do we mean by jurisdiction?

Back 4

The national law of any country is binding only within its territory. The UK Parliament may introduce laws applicable to the UK as a whole, but we will concentrate on the law that applies in England and Wales.

Front 5

What does enforcement mean?

Back 5

A legal dispute may require formal resolution by the court or tribunal. The state or a party to the dispute may initiate the enforcement proceedings. A sanction or penalty may be imposed in order to compensate the injured party or punish the wrongdoer.

Front 6

What are the characteristics of english law?

Back 6

1- continuity

2- uncodified

3- judges have creative power

4- The doctrine of binding precedent

5- Adversarial nature

Front 7

Continuity?

Back 7

It has evolved slowly and without interruption over many centuries. Its origins can be traced to the Norman Conquest in 1066. Huge changes have taken place since then, but development has been gradual and piecemeal.

Front 8

Uncodified?

Back 8

English law has been little influenced by the Roman law principles which dominate the legal systems of other European countries and which also have some influence on Scots law. This means that the laws have not been systemised into codes.

Front 9

Judges have creative powers?

Back 9

Judges were the principal law-makers until their powers were superseded by Parliament in the 18th century; senior judges today still have some limited powers to develop principles of case law. The powers of other European judges are restricted to interpretation of the legal codes created by the relevant state legislatures.

Front 10

The doctrine of binding precedent?

Back 10

When deciding a case, judges are bound to apply an relevant precedent (previous decision) of a senior court, unlike other European counterparts who are guided, rather than bound, by previous cases.

Front 11

Adversarial nature?

Back 11

A case in the courts is essentially a contest before an umpire (the judge) whose principal tasks are to see that the rules of evidence are obeyed and to decide who is the winner. The main burden of proof is on the accuser, and the case is won by the party who can produce the most convincing evidence. The judge plays very little part in drawing out that evidence; too much judicial intervention may lead to the decision being reversed at an appeal. It has been said that the adversarial system is about proving facts rather than discovering the truth.

Front 12

Why do we need law?

Back 12

Any society, or group within it, however small will make rules for the purposes of organisation, to promote the safety and convenience of members and to regulate the relationships with each other.

Front 13

What are the reasons for law to be needed?

Back 13

1- to provide a governmental structure and legislative procedures;(constitutional law)

2- to provide public services and to raise taxes to pay for them;(administrative and tax law)

3- to regulate and promote the economy; (administrative, civil and criminal law are all involved)

4- to promote public order and preserve national security;(criminal law)

5- to give individual members personal rights and duties in relation to others and to enable personal enforcement between the parties; (contract law, tort law)

6- To give legal validity to approved relationships and transactions between members of the society (contract law, law of property, company law and family law)