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Chapter

Celebrated for their conceptual clarity, titles in the Clarendon Law Series offer concise, accessible overviews of major fields of law and legal thought. This chapter focuses on different aspects of the bizarre common law dualist legal system, with its separate bodies of Common Law and Equitable rules. It describes the origins of common law dualism and then discusses the early distinguishing characteristics of Common Law and Equity. It then sets out the two main objectives of the text. The first is to expose Equity's impact on the modern legal landscape. The second objective is to expose the possibilities for coherent substantive integration of Common Law and Equity.

Chapter

This chapter examines the history of the civil law tradition. The role of civil law first expanded in Rome. From a time of very rigid and formalistic procedures in the early empire, with essentially only chthonic law to be applied, the civil law grew, both substantively and procedurally, until it became substantively adequate to deal with an entire range of societal problems. From the time of its rediscovery, Roman law continued to expand, from its established positions in universities and in central political authority.

Chapter

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

This chapter first explains the meaning of law. It then discusses the historical development and characteristics of English law, and the different types of law (public law, private law, criminal law, and civil law). Laws are rules and regulations which govern the activities of persons within a country. In England and Wales, laws are composed of three main elements: legislation which is created through Parliament; common law; and, until the UK leaves the EU, directly enforceable EU law. This chapter also considers the terminology used for criminal prosecutions and civil actions, and outlines the legal profession in England and Wales.

Book

This book offers a major new means of conceptualizing law and legal relations across the world. National laws are placed in the broader context of major legal traditions, those of chthonic (or indigenous) law, talmudic law, civil law, Islamic law, common law, Hindu law, and Confucian law. Each tradition is examined in terms of its institutions and substantive law, its founding concepts and methods, its attitude towards the concept of change, and its teaching on relations with other traditions and peoples. Legal traditions are explained in terms of multivalent and non-conflictual forms of logic and thought.

Chapter

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

Under the common law rule against hearsay, any assertion, other than one made by a person while giving oral evidence in the proceedings, was inadmissible if tendered as evidence of the facts asserted. The Civil Evidence Act 1968 constituted a major assault upon the common law rule in civil proceedings by making provisions for the admissibility of both oral and written hearsay subject to certain conditions. In June 1988 the Civil Justice Review recommended an inquiry by a law reform agency into the usefulness of the hearsay rule in civil proceedings and the machinery for rendering it admissible. The subsequent recommendations of the Law Commission were put into effect by the Civil Evidence Act 1995. This chapter discusses the admissibility of hearsay under the Civil Evidence Act 1995; safeguards; proof of statements contained in documents; evidence formerly admissible at common law; and Ogden tables.

Chapter

Under the common law rule against hearsay, any assertion, other than one made by a person while giving oral evidence in the proceedings, was inadmissible if tendered as evidence of the facts asserted. The Civil Evidence Act 1968 constituted a major assault upon the common law rule in civil proceedings by making provisions for the admissibility of both oral and written hearsay subject to certain conditions. In June 1988 the Civil Justice Review recommended an inquiry by a law reform agency into the usefulness of the hearsay rule in civil proceedings and the machinery for rendering it admissible. The subsequent recommendations of the Law Commission were put into effect by the Civil Evidence Act 1995. This chapter discusses the admissibility of hearsay under the Civil Evidence Act 1995; safeguards; proof of statements contained in documents; evidence formerly admissible at common law; and Ogden tables.

Chapter

This chapter discusses the sources of procedural law, the general principles relevant to civil procedure established by the overriding objective, the European Convention on Human Rights, and some rules on how the courts approach construing the Civil Procedure Rules 1998 (CPR). The CPR and practice directions (PDs) are the procedural rules governing civil proceedings. The most important rule is the ‘overriding objective’ of dealing with claims justly and at proportionate cost. The most important Convention rights in civil litigation are the right to a fair trial, the right to respect for private and family life, and the right to freedom of expression.

Chapter

This chapter discusses the sources of procedural law, the general principles relevant to civil procedure established by the overriding objective, the European Convention on Human Rights, and some rules on how the courts approach construing the Civil Procedure Rules 1998 (CPR). The CPR and practice directions (PDs) are the procedural rules governing civil proceedings. The most important rule is the ‘overriding objective’ of dealing with claims justly and at proportionate cost. The most important Convention rights in civil litigation are the right to a fair trial, the right to respect for private and family life, and the right to freedom of expression.

Chapter

This chapter discusses the sources of procedural law, the general principles relevant to civil procedure established by the overriding objective, the European Convention on Human Rights, and some rules on how the courts approach construing the Civil Procedure Rules 1998 (CPR). The CPR and practice directions (PDs) are the procedural rules governing civil proceedings. The most important rule is the ‘overriding objective’ of dealing with claims justly and at proportionate cost. The most important Convention rights in civil litigation are the right to a fair trial, the right to respect for private and family life, and the right to freedom of expression.

Chapter

This chapter explores the relationship between international and national law, discussing both the common law tradition and the civil law tradition. It suggests that each system is supreme in its own field; neither has hegemony over the other. And yet any generalities offered can only provide a background to the complex relations between the national and international systems. Three factors operate. The first is organizational: to what extent are the organs of states ready to apply rules of international law internally and externally? The second factor is the difficulty of proving particular rules of international law. Third, courts, national and international, will often be concerned with the question of which is the appropriate system to apply to particular issues arising. The question of appropriateness emphasizes the distinction between organization, that is, the character of the jurisdiction as ‘national’ or ‘international’, and the character of the rules of both systems as flexible instruments for dealing with disputes and regulating non-contentious matters.

Chapter

This chapter considers the civil law remedies which are designed to protect a victim from domestic abuse. The two primary protective orders under Part IV of the Family Law Act (FLA) 1996 are the non-molestation order and the occupation order which can be applied for and obtained in conjunction with each other, or separately. The chapter discusses the fact that the occupation order can also be used to regulate occupation of the family home in non-violent situations when a dispute arises between family members about who is entitled to occupy the home, and on what basis.

Chapter

Antonio Cassese, Paola Gaeta, Laurel Baig, Mary Fan, Christopher Gosnell, and Alex Whiting

This chapter begins with a discussion of how national legal systems tend to embrace and ground their criminal law lies on, with respecct to either the doctrine of substantive justice or that of strict legality. It then covers the principle of legality in civil law and in common law countries; the principle of legality in international criminal law; articulations of the principle of legality; and the principle of legality of penalties.

Chapter

All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing able students with a stand-alone resource. This chapter discusses the law on divorce and separation. It covers divorces in England and Wales; the nature, function, and limits of divorce law; a brief history of divorce law to 1969; the present law of divorce and judicial separation; evaluation of the current law; options for reform of divorce law and the process of divorce; and the future of English divorce law.

Chapter

Justine Pila and Paul L.C. Torremans

This chapter deals with the enforcement of IP rights. Such enforcement takes place in search of redress and that redress is obtained in the form of remedies. The discussion focuses on remedies at a national level, i.e. the content of the applicable law determined by the court with competent jurisdiction, be it at a procedural or substantive level. It first looks at civil remedies. Civil proceedings brought by private parties are the norm in the enforcement of private rights, and thus take the lion's share of the enforcement and remedies effort in relation to IP rights, since the latter are very clearly private rights. The chapter then turns to criminal remedies. While criminal proceedings do not play an important role in the area of IP, some offences do exist and these types of proceedings are specifically concerned with cases of infringement that are seen as particularly serious from a public policy point of view. Examples include actions against copyright or trade mark pirates.

Chapter

This chapter addresses the termination of adult relationships, in particular divorce, but also the dissolution of civil partnerships, and the termination of cohabitation. Beginning with a discussion of the history of law on divorce and recent divorce statistics, it goes on to cover the law of divorce under the Matrimonial Causes Act (MCA) 1973, criticisms of the current law and recent reform initiatives. It then considers other decrees under MCA 1973, dissolution of a civil partnership, and termination of unmarried relationships.

Chapter

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.

Chapter

Alisdair A. Gillespie and Siobhan Weare

This chapter considers the conduct of civil litigation. It discusses how civil litigation is more managed than criminal litigation and the courts seek to assist litigants in finding a compromise. The civil courts have extensive powers over costs and they use this to ensure compliance with their rulings and also to encourage early settlement, reducing the need for litigation. The chapter examines three types of civil litigation; cases relating to the small claims track (‘small claims court’), judicial review, and private family-law disputes.

Chapter

Alisdair A. Gillespie and Siobhan Weare

This chapter considers the conduct of civil litigation. It discusses how civil litigation is more managed than criminal litigation and the courts seek to assist litigants in finding a compromise. The civil courts have extensive powers over costs and they use this to ensure compliance with their rulings and also to encourage early settlement, reducing the need for litigation. The chapter examines three types of civil litigation; cases relating to the small-claims track (‘small claims court’), judicial review and private family-law disputes.