Unit 1. Statutory interpretation
The law sets out a standard of acceptable behaviour, a benchmark against which
people are judged
Law is a system of rules (which involves principles of morality)
Private law – concerns private relationship between individuals (including
companies)
Enforced by individuals taking actions against one another in court
Public law – concerns relationships between individuals and the State
State enforcing certain standards of behaviour
Criminal law are laws that concern the relationship between an individual and the
rest of the community
Involves punishment
Imposes restrictions and obligations where the outcome is measured in
punishment for transgression
Ultimate penalty – loss of one’s freedom through imprisonment
Proven beyond reasonable doubt
Civil law are laws that concern the relationship between individuals in the community
and do not involve or concern the community as a whole
Involves agreements and mainly private resolutions
Contracts, dispute and differences where the outcome is measure in remedies
Make a decision on the fact on the balance of probabilities
4 sources of English Law
1. Case Law
2. UK Legislation
3. Retained EU law / assimilated law
4. European Convention on Human Rights
Statute is the primary source of law in England and Wales
Needs to be interpreted to resolve ambiguities in order to find its true meaning
Rules of statutory interpretation (not binding)
Literal Rule Golden Rule Mischief Rule
The law sets out a standard of acceptable behaviour, a benchmark against which
people are judged
Law is a system of rules (which involves principles of morality)
Private law – concerns private relationship between individuals (including
companies)
Enforced by individuals taking actions against one another in court
Public law – concerns relationships between individuals and the State
State enforcing certain standards of behaviour
Criminal law are laws that concern the relationship between an individual and the
rest of the community
Involves punishment
Imposes restrictions and obligations where the outcome is measured in
punishment for transgression
Ultimate penalty – loss of one’s freedom through imprisonment
Proven beyond reasonable doubt
Civil law are laws that concern the relationship between individuals in the community
and do not involve or concern the community as a whole
Involves agreements and mainly private resolutions
Contracts, dispute and differences where the outcome is measure in remedies
Make a decision on the fact on the balance of probabilities
4 sources of English Law
1. Case Law
2. UK Legislation
3. Retained EU law / assimilated law
4. European Convention on Human Rights
Statute is the primary source of law in England and Wales
Needs to be interpreted to resolve ambiguities in order to find its true meaning
Rules of statutory interpretation (not binding)
Literal Rule Golden Rule Mischief Rule
