1. What is Common Law? 3
2. The different meanings of common law 3
3. Which countries use CL (England, Wales & Northern Ireland) (malta mixed system)
(cyprus) 3
4. The United Kingdom of Great Britain and Northern Ireland = 4 nations 3
5. Great Britain ( England, Wales & Scotland) 4
6. Scotland = mixed system -> CL en Roman Law 4
7. Sources of Law 4
a. Are derived from case law, custom and legislation -> below sources 4
i. Case law and custom 4
ii. Legislation 4
iii. European Law 4
8. Philosophical ideas and moral principles that have significantly shaped CL &
historically served as some of its most prominent sources? 4
a. The original source of law = reason 4
b. Lord Chief Justice Coke (early 17th century) 4
9. Where do we find law? orthodox legal sources of law 5
a. Parliament (statutes & statutory instruments) 5
b. Courts and tribunals (precedents)(common law 5
c. European community/ Union 5
10. Legislation: Parliament as a rule-maker 5
11. What is a statute? 5
12. Statutory interpretation rules (to interpret means to construe) 5
- Definitie: Statutory interpretation is the process where courts interpret and apply
legislation 5
- 4 rules 6
- Literal rule 6
- Golden rule 6
- What is the mischief? 7
- Purposive approach 8
13. 3 linguistic principles associated with statutory interpretation 8
a. Ejusdem generis (of the same kind) 8
b. Expressio Unius Est Exclusio Alterius (specific mention of 1 thing excludes others)
9
c. Noscitur a sociis (it is known by associates) 9
14. Precedent (ratio decidendi and obiter dicta) 9
15. In the legal process, there is a distinction between questions of law and questions
of fact, as well as between vertical precedent and horizontal precedent. 10
16. Court structure 10
17. Young v Bristol Aeroplane 11
18. Hierarchie of precedent 11
19. Precedent in Practice 12
20. HIstory of CL 13
- Anglo-Saxon Era 13
, - The Norman Conquest and Birth of Common Law 13
- The Renaissance 13
21. Judicature acts 1873/1875 14
22. Adversarial system 14
23. Standard of proof in AS 14
24. Evidence in AS 14
25. Woolf Reforms 15
26. tracks Woolf Reforms 16
27. Legal profession 16
- A solicitor is a lawyer trained to provide legal advice, prepare cases, and, in some
instances, represent clients in court. 16
- A barrister, on the other hand, is a lawyer specifically trained and qualified to
represent clients in court, particularly in higher courts. 16
28. Type of offense/hoe een case bij de crown court komt? 16
- Magistrates’ Court: lay magistrates = ordinary people (not trained legal
professionals), act as prosecutors and decide the outcome of cases, 16
- Crown Court responsible for more serious criminal cases 17
29. 2 elements of a crime (actus reus & mens rea) 17
- both elements must be present for a crime EXEPT in strict liability offences = mens
rea does not have to be proven -> the focus is solely on the act itself regardless of
the defendant mental state; for example when you commit a traffic violation like
speeding, the only thing that counts here is the act itself 18
30. Hearsay 18
31. S 18 vs S 20 vs S 47 offences : Common assault 18
Section 18 OAPA 1861 – Grievous Bodily Harm (GBH) with Intent 19
32. Defence against assault: Consent, Self-defence, Defence of property, Prevention of
crime 19
Defences to Assault Charges 19
33. Special Cases and Legal Developments 20
34. Contract law 20
Types of Agreements 21
Special Rules for Sale of Land 21
35. Equity = discretionary (= non-compulsory/optional, not automatic) 22
- Equity Remedies: 23
- Specific performance : fulfill their contractual obligations when monetary
compensation is insufficient bv. contracts for unique items, rare art or property 23
- Proprietary estoppel : If someone makes a promise and the other person relies on
it, they can’t take it back even if there is no formal contract 23
- Injunctive Relief : court orders that either prevent a party from taking a specific
action (prohibitory) or compel them to act (mandatory) 23
- Freezing orders : Prevent defendants from dissipating or concealing assets to
avoid paying damages 23
- Search orders : Allow to access specific evidence crucial to a case 23
- Quia timet : prevent harm before it occurs 23
- Super-Injunction : Prohibit a party from doing something while also preventing
any disclosure of the injunction’s existence. 23
, 36. Trust 23
- The settlor : person who owns a house and may place it in a trust 23
- The trustee : person or entity that manages the trust/property 23
- The beneficiary : the person who the trust is for 23
Hung parliament = In cases where no party achieves a majority, known as a "Hung Parliament," the leader of the
largest party may attempt to form a minority government or negotiate a coalition
government with other parties.
HOC = green, aye or no, clear the lobbies
HOL = red, content or not content, clear the bar
2. The different meanings of common law 3
3. Which countries use CL (England, Wales & Northern Ireland) (malta mixed system)
(cyprus) 3
4. The United Kingdom of Great Britain and Northern Ireland = 4 nations 3
5. Great Britain ( England, Wales & Scotland) 4
6. Scotland = mixed system -> CL en Roman Law 4
7. Sources of Law 4
a. Are derived from case law, custom and legislation -> below sources 4
i. Case law and custom 4
ii. Legislation 4
iii. European Law 4
8. Philosophical ideas and moral principles that have significantly shaped CL &
historically served as some of its most prominent sources? 4
a. The original source of law = reason 4
b. Lord Chief Justice Coke (early 17th century) 4
9. Where do we find law? orthodox legal sources of law 5
a. Parliament (statutes & statutory instruments) 5
b. Courts and tribunals (precedents)(common law 5
c. European community/ Union 5
10. Legislation: Parliament as a rule-maker 5
11. What is a statute? 5
12. Statutory interpretation rules (to interpret means to construe) 5
- Definitie: Statutory interpretation is the process where courts interpret and apply
legislation 5
- 4 rules 6
- Literal rule 6
- Golden rule 6
- What is the mischief? 7
- Purposive approach 8
13. 3 linguistic principles associated with statutory interpretation 8
a. Ejusdem generis (of the same kind) 8
b. Expressio Unius Est Exclusio Alterius (specific mention of 1 thing excludes others)
9
c. Noscitur a sociis (it is known by associates) 9
14. Precedent (ratio decidendi and obiter dicta) 9
15. In the legal process, there is a distinction between questions of law and questions
of fact, as well as between vertical precedent and horizontal precedent. 10
16. Court structure 10
17. Young v Bristol Aeroplane 11
18. Hierarchie of precedent 11
19. Precedent in Practice 12
20. HIstory of CL 13
- Anglo-Saxon Era 13
, - The Norman Conquest and Birth of Common Law 13
- The Renaissance 13
21. Judicature acts 1873/1875 14
22. Adversarial system 14
23. Standard of proof in AS 14
24. Evidence in AS 14
25. Woolf Reforms 15
26. tracks Woolf Reforms 16
27. Legal profession 16
- A solicitor is a lawyer trained to provide legal advice, prepare cases, and, in some
instances, represent clients in court. 16
- A barrister, on the other hand, is a lawyer specifically trained and qualified to
represent clients in court, particularly in higher courts. 16
28. Type of offense/hoe een case bij de crown court komt? 16
- Magistrates’ Court: lay magistrates = ordinary people (not trained legal
professionals), act as prosecutors and decide the outcome of cases, 16
- Crown Court responsible for more serious criminal cases 17
29. 2 elements of a crime (actus reus & mens rea) 17
- both elements must be present for a crime EXEPT in strict liability offences = mens
rea does not have to be proven -> the focus is solely on the act itself regardless of
the defendant mental state; for example when you commit a traffic violation like
speeding, the only thing that counts here is the act itself 18
30. Hearsay 18
31. S 18 vs S 20 vs S 47 offences : Common assault 18
Section 18 OAPA 1861 – Grievous Bodily Harm (GBH) with Intent 19
32. Defence against assault: Consent, Self-defence, Defence of property, Prevention of
crime 19
Defences to Assault Charges 19
33. Special Cases and Legal Developments 20
34. Contract law 20
Types of Agreements 21
Special Rules for Sale of Land 21
35. Equity = discretionary (= non-compulsory/optional, not automatic) 22
- Equity Remedies: 23
- Specific performance : fulfill their contractual obligations when monetary
compensation is insufficient bv. contracts for unique items, rare art or property 23
- Proprietary estoppel : If someone makes a promise and the other person relies on
it, they can’t take it back even if there is no formal contract 23
- Injunctive Relief : court orders that either prevent a party from taking a specific
action (prohibitory) or compel them to act (mandatory) 23
- Freezing orders : Prevent defendants from dissipating or concealing assets to
avoid paying damages 23
- Search orders : Allow to access specific evidence crucial to a case 23
- Quia timet : prevent harm before it occurs 23
- Super-Injunction : Prohibit a party from doing something while also preventing
any disclosure of the injunction’s existence. 23
, 36. Trust 23
- The settlor : person who owns a house and may place it in a trust 23
- The trustee : person or entity that manages the trust/property 23
- The beneficiary : the person who the trust is for 23
Hung parliament = In cases where no party achieves a majority, known as a "Hung Parliament," the leader of the
largest party may attempt to form a minority government or negotiate a coalition
government with other parties.
HOC = green, aye or no, clear the lobbies
HOL = red, content or not content, clear the bar
