This chapter starts by presenting a brief sketch of the key stages and decisions of the criminal process which forms part of the English criminal justice system. The significance of those stages and decisions is discussed before they are then classified according to their nature and consequence. This is followed in the next section by differentiating between the criminal process and the system before moving on to orient the reader by outlining significant reforms that have shaped the criminal process in the past decades. There is a final concluding section.
Chapter
1. Introduction to the English criminal process
Chapter
13. Circumventing the trial through preventive orders
This chapter examines a notable feature of the English legal system that has waxed and waned over the last decades—civil preventive orders. These are orders that may be made by a court sitting as a civil court; orders that contain prohibitions created by the court as a response to conduct by the defendant; and orders the breach of which amounts to a criminal offence. Thus, civil preventive order involves a kind of hybrid or two-step process (first, the making of the order according to civil procedure and, secondly, criminal proceedings in the event of breach), which has several implications for the criminal process and for the rights of defendants. More recently their form has been altered and their use moderated.
Book
Lee Roach
Card & James’ Business Law provides analysis of the English legal system, contract law, the law of torts, company law, and employment law, with online chapters providing further discussion relating to the economic torts, corporate governance, the sale of goods, consumer credit, and the law relating to unfair and illegal commercial practices. All of this is discussed using relevant examples from the business environment, and the key legal cases to help develop a greater understanding of the interconnections between the law and the corporate setting. Part I of the book looks at the English legal system. Part II looks at the law of contract including the formation, terms, exclusion clauses, and remedies. Part III looks at the law of torts in detail. Part IV considers partnership and company law including business structures, the constituents of a company, shares, capital maintenance, shareholders remedies, and corporate rescue. Finally, Part V is about employment law.
Chapter
14. The tort of negligence
This chapter focuses on the tort of negligence. It explains that under the English legal system, negligence can be defined as a breach of a legal duty to take care which results in damage to the claimant. It suggests that negligence is the most important tort and is central in allowing victims to obtain compensation for injuries that they suffer. The chapter discusses in detail the four requirements for establishing negligence, namely the establishment of a duty of care, breach of duty, causation, and remoteness. This chapter also discusses the current test to establish a duty of care which includes foreseeability of damage, proximity, and fairness of the imposition of a duty.
Chapter
1. The English legal system
Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. Concentrates show you what to expect in a law exam, what examiners are looking for, and how to achieve extra marks. This chapter discusses the English legal system. It provides an overview of the courts in the civil and criminal divisions, and their hierarchy. It discusses the source of law, delegated legislation, the impact of membership in the EU and the Human Rights Act 1998, and alternative forms of dispute resolution (ADR). The implications of ADR are increasingly important in civil disputes and essential between businesses where traditional court action can destroy commercial relationships.
Book
Helen Rutherford, Birju Kotecha, and Angela Macfarlane
English Legal System provides understanding of the operation of the legal system which is essential to the laying of a solid foundation on which to build further legal study. After offering practical advice on how to study the English legal system, there is an overview of the nature of law; the sources of law and how the English legal system operates; the courts of England and Wales, and some of the important institutions and personnel of the law. How legislation is made and how it is interpreted is discussed. How judges make law and how this process is governed by the doctrine of judicial precedent are explored. The legal precedent set by a case, the ratio decidendi, and other statements of law, obiter dicta, are explained. The book considers the impact of membership of the European Union (EU), being a signatory to the European Convention on Human Rights (ECHR), and Brexit. The institutions and personnel of the law: juries, judges, and lawyers are covered. The criminal process, from arrest to trial, to sentencing, is explained and analysed. Resolution of disputes through the civil courts and tribunals is explained, as is the civil process. Alternative methods of dispute resolution are considered.
Chapter
1. What is law?
This chapter aims to provide a rounded conception of what law is. It discusses the theoretical conceptualizations of law and the principles of the English legal system. It explains the distinction among different types of law including the distinction between criminal law and civil law, and the differences between public law and private law. The chapter also introduces several sources of law, including statute law, case law, and equity. This chapter provides the different meanings of the terms common law and civil law and clarifies that the English legal system refers to the legal system of England and Wales. The devolution of law-making powers is also discussed.
Chapter
2. The English Legal system, Constitution, and Human Rights
This chapter, in discussing the English legal system and its features, begins by outlining what the law is and some important constitutional principles. The discussion is primarily based on the institutions and personnel involved in the practice and administration of justice. It therefore involves a description and evaluation of the courts, tribunals, and the judiciary, including their powers and the rationale for such authority, as well as the mechanisms of control and accountability. The aim of this chapter is to demonstrate how the mechanisms of the justice system work. The English legal system exists to determine the institutions and bodies that create and administer a just system of law. It should be noted here that the UK does, in fact, possess a written constitution, it is merely uncodified.
Chapter
1. Aims, themes, and structure
This chapter sets out the basic aims, themes, and structure of this book which are to provide an introductory account of the English legal system, to note how it has developed in recent years, and to consider how it may develop in future. Part II raises fundamental issues about the social functions of law and the legitimacy of law; and considers the institutional framework within which law is made. Part III looks at the different contexts in which law is developed and practised. Part IV looks at the provision and funding of legal services. Finally, Part V offers reflexions on a system in flux.
Book
Helen Rutherford, Birju Kotecha, and Angela Macfarlane
English Legal System provides understanding of the operation of the legal system which is essential to the laying of a solid foundation on which to build further legal study. After offering practical advice on how to study the English Legal System, there is an overview of the nature of law, the sources of law, how the English legal system operates, the courts of England and Wales, and some of the important institutions and personnel of the law. How legislation is made and how it is interpreted is discussed. How judges make law and how this process is governed by the doctrine of judicial precedent are explored. The legal precedent set by a case the ratio decidendi, and other statements of law, obiter dicta, are explained. The book considers the impact of membership of the European Union (EU), being a signatory to the European Convention on Human Rights (ECHR), and Brexit. The institutions and personnel of the law: juries, judges, and lawyers are covered. The criminal process, from arrest to trial, to sentencing, is explained and analysed. Resolution of disputes through the civil courts and tribunals is explained, as is the civil process. Alternative methods of dispute resolution are considered.
Chapter
1. Introduction to the English Legal System
Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. This introductory chapter provides an overview of the English legal system (ELS). The study of ELS involves the study of the legal system of both England and Wales; Scotland and Northern Ireland are subject to a separate, yet connected legal system. These four countries are subjected to the laws of the UK; however, each individual constituent has devolved powers allowing them to legislate in particular areas. Where a conflict between laws of the UK and laws of the constituent country arises, the UK law takes precedence. The effect of devolution from the UK to Scotland, Wales, and Northern Ireland does not affect this parliamentary supremacy. Indeed, it has been argued for some time that devolution of power has not gone far enough in allowing Scotland or Northern Ireland to govern themselves.
Chapter
5. Sources of Law III: Effect of EU and International Law
Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. This chapter discusses the effect of EU and international law. The UK is a signatory to multiple international institutions. Each of these institutions sets a framework for the UK to operate within, granting certain rights, benefits, and obligations. The most prominent institutions are the EU, the European Convention on Human Rights and Fundamental Freedoms (ECHR), and the United Nations. Although the UK’s continued involvement in these institutions will have a direct impact on the operation of UK law, relations with other states, whether they be good or bad, will also shape the face of the English legal system. The chapter then studies international law, considering basic matters such as the meaning of international law, the doctrine of state sovereignty, and the distinction between public and private international law.
Chapter
2. Legal systems and sources of law
Scott Slorach, Judith Embley, Peter Goodchild, and Catherine Shephard
This chapter focuses on the sources of law in England & Wales, and is organised as follows. Section 2.1 describes the key jurisdictions relevant to lawyers in England and Wales. Section 2.2 deals with the issue of where the law comes from: sources of law. Section 2.3 reviews the development of the two ‘traditional’ sources of law in England and Wales: case law and statutes. Sections 2.4 and 2.5 consider the status and operation of EU and international law, including the potential effect of Brexit. Section 2.7 goes on to discuss public and private law, common law, and civil law, and other classifications used by lawyers. This is followed by a discussion of legal systems and their cultures across the world.
Book
Lucy Jones
Introduction to Business Law demonstrates the relevance of key areas of the law to a world of work that the business student can relate to. Students of business often find business law modules challenging, irrelevant to their future career, and full of alien terminology and concepts. Structured in eight parts, this book provides a foundation in the key legal concepts of the English legal system, contract law, and negligence before discussing how the law affects the everyday workings of businesses and their employees from protecting intellectual property rights to company formation, winding up and insolvency. It covers a variety of topics around the subjects of the English legal system, contract law, the law of torts, employment law, the structure and management of business and the major intellectual property rights.
