pob stage 2 lecture 8 slides the english legal system

Principles of Business

Topic: Introduction to Law (1) The English Legal System

Stage 2 Lecture 8

2

Learning outcomes

By the end of this session, you will be able to:• Explain the sources of English Law• Explain the structure of the main institutions

of the English Legal System• Demonstrate understanding of the role of the

personnel of the legal profession and associated professions.

• Define key legal terms

?Q: Which rules have the force of

law?

A: It depends on their source.

Sources of law

Customs

Human Rights Act 1998

EU law

SIs

Statutes

EquityCase law

Treaties

Equity

Legal Owner

Beneficial owner

Exercises rights of ownership on behalf of and for benefit of :

• Fiduciary duties• Examples – charity

trustees, company directors, solicitors

The Trust

Case law

• Develops gradually and pragmatically as disputes are decided in the courts

• Legal principles develop which courts then have to follow – doctrine of precedent.

• Lower courts must follow the previous decisions of higher courts.

The ratio (or legal principle)

Each case will have a decision and a ratio decidendi: the reason for deciding.

Example: Donoghue v Stevenson

Decision: Donoghue wins – Stevenson pays damages

Ratio: (1) Manufacturers owe a duty of care to consumers

(2) The Neighbour Principle

Parliament

• Acts of Parliament – statutes• Public • Private

• Delegated legislation • statutory instruments• by-laws• orders in council

EU Law

• Treaties• European Communities Act 1972• Regulations• Directives• Decisions• Judgments of the European Court of Justice

Human Rights Act

• Incorporates European Convention on Human Rights

• NB: ECHR does not originate with EU• Judges must consider• Parliament must consider

Customs

• Must exist from “time immemorial”• “Time immemorial” = 1189

Most

civil cases

County Court

Complex or

very high valuecivil cases

High CourtAppeals

Queen’s Bench Division

Chancery Division

Family Division

Civil Appeals

Court of appeal(Civil division)

Supreme Court Judicial Committee of the Privy Council

Appeals from Com

monw

ealth

Criminal

Cases

Serious Criminal cases plus appeals

Magistrates’ Court

CrownCourt

Magistrates’ Courts also have some civil jurisdiction including some family cases and licensing.

Certain appeals from Magistrates’ Court to go the QBD division of the High Court.

Criminal Appeals

Court of appeal(Criminal division)

Supreme CourtJudicial Committee of

the Privy Council

Appeals from Com

monw

ealth

First-tier Tribunals

Appeals

Upper Tribunals

Employment

Immigration

Special educational

needs

Land Tax

Mental health

Social Security

Appeals

High Court

Legal Services

BarristersSolicitors

Trade MarkAgents

PatentAgents

Legal Executives

20

Essential work for next week

• Please consult the OLE for details of:– Essential readings*– Seminar/workshop preparation work*– Recommended further readings– Any additional learning

* Essential readings and preparation work must always be completed in time for the next session

End of presentation

© Pearson College 2013