This chapter introduces you to the study of the English legal system in higher education. After explaining some of the different expectations of studying at this level, the chapter’s focus is on how you learn and how to succeed on the module. There is considerable advice and tips on how to get the most out of lectures and seminars. The coverage introduces some key terminology and emphasises the importance of independent research and reading both primary sources (legislation and case law) and secondary sources (textbooks and journal articles). Finally, the chapter provides guidance on how to tackle assessments such as written essays, oral presentations, and examinations.
Chapter
1. Studying the English legal system
Chapter
2. An overview of the English legal system
This chapter provides an introduction to some of the key concepts, themes, and institutions of the English legal system. It offers an overview of fundamental concepts and principles such as parliamentary supremacy, the rule of law, legislation, the common law, and equity. The chapter will help you gain a firm grasp of terminology and know the differences between the criminal law and civil law. The general relationship between the English legal system and the European Convention on Human Rights (ECHR) as well as the limited, but on-going relationship with European Union (EU) law is outlined too. In the latter part of the chapter, a summary of the courts, their composition, and their jurisdiction, as well as an overview of legal bodies and personnel in the English legal system, is provided.
Chapter
5. The doctrine of judicial precedent
This chapter considers an essential source of law in the English legal system: judicial precedent (or ‘case law’). The rules and principles of the doctrine of judicial precedent are explored, including how precedents are created, developed, and followed. The chapter analyses the legal rule that establishes the precedent—the ratio decidendi, or the reason for the decision—as well as the importance of other judicial statements that do not form part of those reasons—the obiter dicta. The principle of binding precedent is captured by the expression ‘stare decisis’ (stand by what is decided) and binding precedent relies on a hierarchy of courts. This hierarchy helps to determine whether a particular ratio decidendi binds a particular court and whether an appellate court is bound by its own previous precedents. The chapter is packed with case examples and highlights the role of non-binding precedent which may still be deemed persuasive for a particular court. Finally, the chapter considers how a court may avoid following a particular precedent by the process of overruling, distinguishing, or reversing.
Chapter
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
1. Studying the English legal system
This chapter introduces you to the study of the English legal system in higher education. After explaining some of the different expectations of studying at this level, the chapter’s focus is on how you will learn and how to succeed on the module. There is considerable advice and tips on how to get the most out of lectures and seminars. The coverage introduces some key terminology and emphasises the importance of independent research and reading both primary (legislation and case law) and secondary sources (textbooks and journal articles). Finally, the chapter discusses and provides guidance on how to tackle commonly used assessments such as written essays, oral presentations, and examinations.
Book
Mark Thomas and Claire McGourlay
Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. English Legal Systems Concentrate starts with an introduction to the English legal system (ELS). It then looks at sources of law: domestic legislation, case law, and the effect of EU and international law. The text also examines the court structure. It then looks at personnel of the ELS. It moves on to consider the criminal justice system and the civil justice system. After that, it looks at funding access to the ELS. Finally, it looks to the future of the ELS.
Chapter
2. An overview of the English legal system
This chapter provides an introduction to some of the key concepts, themes, and institutions of the English legal system. It offers an overview that highlights fundamental concepts and principles such as parliamentary supremacy, the rule of law, legislation, the common law, and equity. There is a focus on ensuring you have a firm grasp of terminology and know the differences between the criminal law and civil law. The relationship between the English legal system and the European Union (EU) and the European Convention on Human Rights (ECHR) is also distinguished and explained. In the latter part of the chapter, a summary of the courts, their composition, and their jurisdiction, as well as other legal bodies and personnel in the English legal system, is provided.
Chapter
5. The doctrine of judicial precedent
This chapter considers an essential source of law in the English legal system: judicial precedent (or ‘case law’). The rules and principles of the doctrine of judicial precedent are explored, including how precedents are created, developed, and followed. The chapter analyses the rule that forms the precedent—the ratio decidendi, or the reason for the decision—as well as the importance of other judicial statements that do not form part of those reasons—the obiter dicta. The principle of binding precedent is captured by the expression ‘stare decisis’ (stand by what is decided) and binding precedent relies on a hierarchy of courts. The hierarchy can help to establish whether a particular ratio decidendi binds a particular court and whether an appellate court is bound by its own previous precedents. The chapter is packed with case law examples and highlights the role of non-binding precedent which may still be deemed persuasive for a particular court. The relationship between the English courts and the Court of Justice of the European Union (EU) and the European Court of Human Rights (ECtHR) is considered. Finally, the chapter considers how a court may avoid following a particular precedent by the process of overruling, distinguishing, or reversing.
