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Chapter

Cover Cross & Tapper on Evidence

II. Matters not requiring proof and judicial findings as evidence  

This chapter examines the exceptions to the general rule that all facts in issue, or relevant to the issue, in a given case must be proved by evidence. It shows that sometimes, the judge, or trier of fact, is entitled to find a fact of their own motion: judicial notice may be taken of that fact. Alternatively, a party may formally admit a relevant matter. In addition, a matter may still be determined against a party because the law precludes them from contesting it. They are then ‘estopped’, as when the same matter has been determined against them and in favour of their opponent by a binding and conclusive judgment of a court. Finally, this chapter considers the wider question of the status of judicial findings in other proceedings.

Chapter

Cover Murphy on Evidence

3. The judicial function in the law of evidence  

This chapter discusses the different functions in a court and how the court is composed of a tribunal of law and a tribunal of fact. In a jury trial, the judge decides matters of law and is the tribunal of law, while the jury is the ‘fact-finder’, the tribunal of fact. In a non-jury trial, the judge or magistrates perform both functions. This chapter discusses the functions of the judge in legal issues concerning evidence and, in particular, when a case is withdrawn from the jury because there is ‘no case’; judicial discretion; and admissibility of evidence illegally or unfairly obtained.

Chapter

Cover Legal Systems & Skills

5. Case law  

Scott Slorach, Judith Embley, Peter Goodchild, and Catherine Shephard

This chapter first discusses the fundamental distinctions between common law and civil law, an important aspect of which is the role of judge-made law. It then examines the operation of the doctrine of precedent—the means by which law made in earlier cases binds the reasoning of some courts in later cases. This involves the skill of identifying statements of law, and the skills involved in applying those earlier statements, or alternatively avoiding their impact. It then considers the arguments for and against the roles of judges and legislators in making law.

Chapter

Cover Evidence

1. Relevance and admissibility of evidence  

Titles in the Core Text series take the reader straight to the heart of the subject, providing focused, concise, and reliable guides for students at all levels. The law of evidence regulates what evidence may be admitted at trial and under what conditions such admissible proofs are to be admitted. This chapter discusses the following: the respective functions of judge and jury; the concept of relevance; the so-called ‘best evidence principle’; matters of which proof is unnecessary; judicial findings as evidence; prejudicial evidence, unfairly obtained evidence, and suspect witnesses; and evidence excluded as a matter of public policy—notably, intercepted communications under the Investigatory Powers Act 2016.

Chapter

Cover English Legal System

8. The judiciary  

When considering the judiciary, it is important to understand how judges are appointed, what qualifications are required for the various judicial offices, and how judges may be removed. This information is needed when assessing the important, and often controversial, issues of diversity of the membership of the judiciary, its independence, and its accountability. This chapter describes and discusses the different types of judges and their roles within the English legal system. An outline of the system of judicial appointments is given. There is also comment supplied upon the issues of diversity of membership of the judiciary and the importance of the independence of the judiciary.

Chapter

Cover How to Moot

7. Style  

This chapter outlines ways in which style can be improved to make the moot presentation more persuasive. It provides answers to the following questions: following questions: How should the moot judge be addressed? Should the identity, character, and standing of the moot judge be considered? How should judges be referred to? What should the style of presentation be like?

Chapter

Cover How to Moot

8. Judge and judgment  

This chapter deals with the moot judge and judgment. It addresses the following questions: How is the moot judge's assessment divided between the moot and the law? Is it possible to lose on the law and win on the moot? What actions should be taken if the moot judge has misunderstood a point? What actions should be taken if a moot judge's manner is rude? Can the moot judge and my opponents be interrupted or corrected? What actions should be taken if the moot judge's question is misunderstood? How can judicial questions be turned to an advantage? Will a moot judge make a ruling on the arguments before the conclusion of the moot?

Chapter

Cover Cross & Tapper on Evidence

IV. The functions of the judge and jury  

This chapter discusses the basic functions of judge and jury. It begins with the general rule of separation of functions of judge and jury, before turning to some of the more direct methods of judicial control. The chapter also considers the extent to which the average jury understands the directions that the law requires the judge to give, and whether jurors are as imperceptive, ignorant, or prejudiced as some of the rules of evidence suppose. Secret monitoring of jury deliberations is one way of resolving these issues, but such monitoring would amount to contempt of court. Moreover, any discussion with a third party before verdict is liable to result in a conviction being quashed. Recourse must, at present, be had to simulations and generally less reliable methods of obtaining the information needed to provide a basis for understanding and improving the law of evidence.

Chapter

Cover Sanders & Young's Criminal Justice

9. Trial by judge and jury  

This chapter discusses how cases are processed in the Crown courts and trial by jury. It discusses the role and powers of the judge in relation to the management of cases, trial process and outcomes. It also discusses the jury system and how jury composition affects perceptions of the fairness and legitimacy of jury trial. Research about the impact of jury composition and juror attitudes on verdicts is discussed. The chapter goes on to consider whether key evidential rules unduly favour the defence or prosecution and attempts to further erode the practical significance of jury trial through the use of judge-only trials.

Chapter

Cover Legal Systems & Skills

5. Case law  

Scott Slorach, Judith Embley, Peter Goodchild, and Catherine Shephard

This chapter first discusses the fundamental distinctions between common law and civil law. It then examines the operation of the doctrine of precedent, and considers the arguments for and against the roles of judges and legislators in making law.

Chapter

Cover Harris, O'Boyle, and Warbrick: Law of the European Convention on Human Rights

3. The European Court of Human Rights: Organization, Practice, and Procedure  

David Harris, Michael O’boyle, Ed Bates, Carla M. Buckley, KreŠimir Kamber, ZoË Bryanston-Cross, Peter Cumper, and Heather Green

This chapter discusses the organization and functions of the European Court of Human Rights. Topics covered include the composition of the Court; the election of judges; the roles of the Court Chambers and the Grand Chamber; pilot judgments; reform of the Court; and the future of the Court.

Chapter

Cover Understanding Jurisprudence

5. Dworkin and law’s moral claims  

This chapter discusses the essential elements of Dworkin’s theory of law. It focuses on Dworkin’s assault on positivism and his insistence upon the close relationship between morals and the law. By denying the positivist separation between law and morals, he expounds a theory that rejects the proposition that judges either do or should make law, and contends instead that judges have an obligation to find and express ‘the soundest theory of law’ on which to decide hard cases; and concludes that, since judges (who are unelected officials) do not make law, the judicial role is democratic and prospective. His approach is based on the notion that only by adopting this view of the judicial function can the law take rights seriously.

Chapter

Cover Harris, O'Boyle, and Warbrick: Law of the European Convention on Human Rights

3. The European Court of Human Rights: organization, practice, and procedure  

David Harris, Michael O’Boyle, Ed Bates, Carla Buckley, and Krešimir Kamber

This chapter discusses the organization and functions of the European Court of Human Rights. Topics covered include the composition of the Court; the election of judges; the roles of the Court Chambers and the Grand Chamber; pilot judgments; reform of the Court; and the future of the Court.

Chapter

Cover Learning Legal Rules

8. Interpreting Statutes  

This chapter discusses statutory interpretation: the language used in a statute, the application of the language to the facts, or both. It covers the so-called rules of interpretation: the literal rule, the golden rule, the purposive rule, and the mischief rule, and why we still refer to them; examples of the ‘rules’ in action and the reality of their application; secondary aids to construction; the use of Hansard; how judges choose to explain the construction they have placed on the statute; interpretation and the Human Rights Act 1998; interpreting secondary legislation; and an example of how to analyse a case on statutory interpretation.

Chapter

Cover The Modern Law of Evidence

2. Preliminaries  

This chapter discusses the following: (i) facts that are open to proof or disproof in English courts of law: facts in issue, relevant facts, and collateral facts; (ii) the varieties of evidence: testimony, hearsay evidence, documentary evidence, real evidence, circumstantial evidence (including motive, plans and preparatory acts, capacity, opportunity, identity, continuance, failure to give evidence or call witnesses, failure to provide samples, lies and standards of comparison), and conclusive evidence; (iii) the concepts of relevance and admissibility; (iv) the weight of evidence; (v) the functions of the judge and jury; (vi) judicial discretion to admit or exclude evidence.

Chapter

Cover The English Legal System

14. Those in Court  

Alisdair A. Gillespie and Siobhan Weare

This chapter focuses on the people who are present during criminal trials. It considers those in summary trials in magistrates’ court (magistrates, justices’ clerks/legal advisors, lawyers, and the defendant). It also considers those who are present in the Crown Court during a trial on indictment (the judge, the jury, lawyers, court clerks, the stenographer, the usher, and the defendant). The chapter also explores how lawyers for the defence are funded under the Legal Aid, Sentencing and Punishment of Offenders Act 2012.

Chapter

Cover The English Legal System

15. The Trials  

Alisdair A. Gillespie and Siobhan Weare

This chapter examines the trial process and identifies the differences between summary trials and trials on indictment. It details who is in court, what their role should be, and how they reach their various decisions. The discussions cover the prosecution case, the defence case, closing speeches, judicial summing up, reaching the verdict, and youth trials.

Chapter

Cover English Legal System Concentrate

4. Sources of Law II: Case Law  

Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. This chapter focuses on case law, a major source of law providing for the interpretation of statutes and the application of law to particular circumstances. Case law, also known as the common law, is a set of judge-made rules that have either a binding or persuasive effect on future cases. Judge-made means that a member of the judiciary has decided a case in a certain way, which has led to the development of that particular piece of law. Certain courts are obliged to follow previous judgments, whereas other can ignore them due to their seniority. Indeed, the doctrine of precedent denotes a system of case law—binding or not—that a lower court may or may not have to follow. Whether precedent is binding is dependent on whether there is a statement of law, as opposed to fact, certain reasoning for that decision (known as ratio decidendi), and the decision of a superior court.

Chapter

Cover An Introduction to Tort Law

1. Introduction  

Celebrated for their conceptual clarity, titles in the Clarendon Law Series offer concise, accessible overviews of major fields of law and legal thought. This introductory chapter provides an overview of tort law. It discusses the development of the law of tort in England; how the increase in tort liability is matched by a decline in the potency of contract; the differences between statutes and judge-made law; when conduct is tortious; the forum for a claim in tort; the three focal points of torts: conduct, harm, and causation; where torts happen; and the need to restrict the number of persons who can complain of any particular conduct.

Chapter

Cover Public Law

14. Introduction to Judicial and Dispute Resolution Functions  

This chapter provides an overview of the themes covered in Part IV of the book. Chapter 15 examines the constitutional position of judges within the United Kingdom, looking in particular at judicial independence and at the process by which judges are appointed. Chapter 16 looks at redress mechanisms outside the court system—a terrain often referred to as the landscape of ‘administrative justice’. Chapters 17–19 examines judicial review of the legality of actions taken by public authorities; Chapter 20 examines the use of human rights arguments against these authorities.