Course Notes: the English Legal System by Catherine Easton

By Catherine Easton

The appropriate significant other to constructing the fundamental talents had to adopt the middle module of English felony procedure as a part of undergraduate learn of legislation or a qualifying GDL/CPE conversion direction. delivering help for studying and revision all through, the foremost abilities are tested within the context of the middle themes of research with expertly written instance units of notes, through possibilities to benefit and try out your wisdom through growing and keeping your individual summaries of the foremost issues. The chapters are strengthened with a chain of workpoints to check your analytical, verbal exchange and organisational talents; checkpoints, to check remember of the fundamental evidence; and study issues, to perform self-study and to achieve familiarity with felony resources.

"Course Notes: the English felony method" is designed for these prepared to reach examinations and tests with view to taking you one step extra in the direction of the improvement of the pro abilities required in your later occupation. moreover, thoughts are set out either verbally and in diagrammatic shape for readability, and the basic case legislation is displayed in a chain of simple and indisposable tables illustrating how top to examine and evaluate felony issues as expressed through the evaluations of the specialists in each one case.

To fee your solutions to questions examples are supplied on-line besides pattern essay plans and internet hyperlinks to important websites and resources at www.unlockingthelaw.co.uk, making this the right source to lead you thru the calls for of compiling and revising the data you'll want in your tests.

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Denning: Judges do this anyway, the process should be formalised. Points against: • Blurs the separation of powers: judges look beyond the statute and second-guess Parliament. • Using Hansard increases the cost and duration of legal cases. • Hansard is merely words – these words will also need interpretation! • Do Parliamentary debates fully represent the views of Parliament? Shouldn’t statutes do this? 5 Law Reform Reports These could not be used until 1975 (decided in Black-Clawson International Ltd v Papierwerke etc.

Is this not second guessing Parliament? In the past, Acts were published with preambles which often outlined what was wrong with the common law before the Act was passed. 7 for more on intrinsic aids to interpretation. 3 The Purposive Approach More recently a new approach has developed, influenced by the UK’s membership of the European Union. In Chapter 1 we highlighted the difference between common law and civil law systems. Many European Definition The purposive approach: Interpret the law in the light of its wider general aims and principles.

Some courts hear cases for the first time (trial courts) some hear cases on appeal (appellate courts). • There is also a system of tribunals covering certain legal areas. 1 Civil and criminal cases If the court in which a case is heard is determined by whether it is civil or criminal we need to examine the differences between civil and criminal law: Rights/duties of individuals Claimant v (spoken: ‘and’) defendant Heard in County Court/High Court at first instance Standard: balance of probabilities Civil law Heard by judge (sometimes by a jury) Compensates/awards damages.

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