The English legal system
Law – System of rules which is recognised by a particular country/state as regulating the actions of
its members and which it may enforce by the imposition of penalties.
Law of any court is binding only within its territory
Rules – Commands aimed at regulating behaviour
Precedent – Previous judicial decision influential and possibly binding in later cases
Adversarial procedure – Trial in which the judge acts like the referee in the contest between two
opposing litigants
Inquisitorial procedure – The judge helps to establish the evidence by actively questioning witnesses
The council of the European Union – Consists of the government minister from each EU state whose
portfolio reflects the business of the meeting
European council – EU institution composed of the foreign ministers from each member state
European parliament – EU institution members of which are elected by citizens of each member
state
European court of justice – EU institution which hears cases from/ against member states and the EU
Direct legislation – Law made by Parliament/ Acts of Parliament
Private member’s Bill – Proposed by a back-bench MP, as opposed to a minister
Often related to non-party-political issues
Binding precedent – A judicial decision which a court must follow
Ratio decidendi – The reasons in law and fact why a judge reached a decision
Reversing a decision – On appeal the party who won becomes the loser
Overrule – The court declares an existing binding precedent to be no longer good in law
Statutory provision – Part of a law, example of legalese
Legalese – Formal and technical language of legal documents
Tort law – Civil wrongs
Characteristics of English law
Evolved slowly without interruption over many centuries
Lack of roman law influence
Judges have creative powers
o Case law
The doctrine of binding precedent
o Judges are bound to apply any relevant precedent of a senior court
, Adversarial nature
Criminal law – Offences against the state
Civil law – Regulating relationships between individuals in society and organisations (part of
private law)
Public law – Obligations and duties of public bodies (councils responsibilities owed to
citizens)
Private law – Individual rights and regulations between individuals
Key characteristics
Imposed by or with authorities
o e.g. courts with case law
o Law imposed on us, obligations
o HOWEVER, private contracts
Rule of law
o Must be followed or consequences
Sanctions
o Imprisonment (criminal law)
o Paying compensation (civil law)
Law and morality
Justice
o Fairness, equality
Balancing interest
o Looking at relationships (e.g. business and consumer) and looking who should be
given precedence when a breach happens
Law – System of rules which is recognised by a particular country/state as regulating the actions of
its members and which it may enforce by the imposition of penalties.
Law of any court is binding only within its territory
Rules – Commands aimed at regulating behaviour
Precedent – Previous judicial decision influential and possibly binding in later cases
Adversarial procedure – Trial in which the judge acts like the referee in the contest between two
opposing litigants
Inquisitorial procedure – The judge helps to establish the evidence by actively questioning witnesses
The council of the European Union – Consists of the government minister from each EU state whose
portfolio reflects the business of the meeting
European council – EU institution composed of the foreign ministers from each member state
European parliament – EU institution members of which are elected by citizens of each member
state
European court of justice – EU institution which hears cases from/ against member states and the EU
Direct legislation – Law made by Parliament/ Acts of Parliament
Private member’s Bill – Proposed by a back-bench MP, as opposed to a minister
Often related to non-party-political issues
Binding precedent – A judicial decision which a court must follow
Ratio decidendi – The reasons in law and fact why a judge reached a decision
Reversing a decision – On appeal the party who won becomes the loser
Overrule – The court declares an existing binding precedent to be no longer good in law
Statutory provision – Part of a law, example of legalese
Legalese – Formal and technical language of legal documents
Tort law – Civil wrongs
Characteristics of English law
Evolved slowly without interruption over many centuries
Lack of roman law influence
Judges have creative powers
o Case law
The doctrine of binding precedent
o Judges are bound to apply any relevant precedent of a senior court
, Adversarial nature
Criminal law – Offences against the state
Civil law – Regulating relationships between individuals in society and organisations (part of
private law)
Public law – Obligations and duties of public bodies (councils responsibilities owed to
citizens)
Private law – Individual rights and regulations between individuals
Key characteristics
Imposed by or with authorities
o e.g. courts with case law
o Law imposed on us, obligations
o HOWEVER, private contracts
Rule of law
o Must be followed or consequences
Sanctions
o Imprisonment (criminal law)
o Paying compensation (civil law)
Law and morality
Justice
o Fairness, equality
Balancing interest
o Looking at relationships (e.g. business and consumer) and looking who should be
given precedence when a breach happens
