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191 227 3869 E-Mail: Tony.Storey@Northumbria.Ac.Uk ENGLISH LEGAL SYSTEM Module Tutor: Tony Storey tel: +44 (0) 191 227 3869 e-mail: [email protected] 2016-2017 Northumbria Law School Induction to Law CONTENTS Introduction 1 Chapter 1 Introduction to Basic Legal Concepts and 3 Terminology Chapter 2 Reading and Using Statutes 9 Chapter 3 Reading and Using Cases 23 Chapter 4 Finding Law: An Introduction To Legal Research 43 Pharmaceutical Society of Great Britain v Boots 47 Cash Chemists (Southern) Ltd (1952) Fisher v Bell (1961) 50 Merritt v Merritt (1970) 53 Marshall v BBC (1979) 58 Northumbria Law School Induction to Law ENGLISH LEGAL SYSTEM Introduction The purpose of this Induction module is to introduce you to the following: Basic study techniques and what is required in the study of law Basic legal concepts Legal terminology How to read and use statutes How to read and use law reports How to find law, either online or in the law library It is important to grasp the language, methods and basic concepts quite quickly as these will be used and reference will be made to them in the other modules of the GDL programme. Do not be too daunted as we do not expect you to have a full knowledge of everything in this module in the first months of the programme. Obviously you need to have a working knowledge of terms and concepts, but so long as you know where to look for the information in the early stages of the programme that will suffice. You will find as the programme progresses you will become familiar with the language and techniques by virtue of your reading and tackling of the questions and exercises set. Indeed by following the Workbook as instructed you will be surprised how quickly what at first seems alien becomes commonplace. The English Legal System module is based on this Workbook and the webcasts available online at https://law-webcasts.northumbria.ac.uk/. You will need to enter the following username and password to access these (at least until you have enrolled in September and have your own unique Northumbria student username and password): Username: gdl2013 Password: northumbria The Webcasts are short (typically around 5 – 10 minutes long) lectures on specific topics. You will be able to tell when you are expected to watch a Webcast by the presence of the TV icon: 1 Northumbria Law School Induction to Law Watch… In addition, whilst we do not expect you to buy the following books, you should consider purchasing one of them, at least: Legal Skills, Emily Finch and Stefan Fafinski, 6th Edition, Oxford (2017); Learning Legal Rules, James Holland & Julian Webb, 9th Edition, Oxford University Press (2016); Letters to a Law Student: A guide to studying law at university, Nicholas J McBride, 3rd Edition, Pearson (2013); The Law Student’s Handbook, Steve Wilson & Philip Kenny, 2nd Edition, Oxford (2010). How to Use this Workbook This Workbook provides a foundation for the later work you will do in the other modules in this Programme. The Workbook consists of notes, self-test questions and exercises. Having completed your study of a particular area, test your knowledge and understanding by attempting the Self-Test questions. The self-test questions seek to explore further points raised in the Workbook. The answers to these questions will be made available on the Blackboard / e-Learning Portal (eLP) site for the English Legal System module, which will be accessible after enrolment in September. You should aim to have worked fully through this Workbook by the end of August. This is because the four exercises (on pages 13, 22, 28 and 41) will form the basis of the two Workshops to be held during your Induction week (for Distance Learning students these will be on Tuesday 5th September and for Full-time students these will be on Thursday 7th September). Exercises 1 and 2 will be discussed in the Statutes Workshop and Exercises 3 and 4 will be discussed in the Case Law workshop. Remember that your Workbook will continue to be a useful source of reference throughout your Programme of study. 2 Northumbria Law School Induction to Law CHAPTER 1 INTRODUCTION TO BASIC LEGAL CONCEPTS AND TERMINOLOGY The aim of this section is to introduce you to some legal concepts and terminology with which you will soon become very familiar. Learning Outcomes: Upon completion of this chapter you should be able to: (i) Understand the importance of territorial extent (ii) distinguish between civil law and criminal law; (iii) explain the procedural features and outcomes associated with crimes and civil wrongs; (iv) understand the concept of the common law compared with the civil law tradition. 1. WHAT IS LAW? Legal philosophers have spent much time analysing this question, but for our purposes we will adopt a simple definition from the Shorter Oxford English dictionary. In this law is defined as: “The body of rules, whether formally enacted or customary, which a state or community recognises as binding on its members or subjects.” The words highlighted need some explanation. 3 Northumbria Law School Induction to Law “Body of Rules” The laws which you will be studying on this Programme come from a number of sources. They are: 1. Law made by Parliament 2. Law made by the courts (also known as the common law) 3. EU law 4. The law of the European Convention of Human Rights “A state or community”: Territorial Extent An important point to note is that laws will apply, usually, only to a defined area (jurisdiction). Apart from the EU Law module, the law that you will be studying on this Programme is that which operates in England & Wales. Scotland has a separate legal system and a different legal tradition. The legal system in Northern Ireland is also separate to that in England & Wales although there are many similarities. The highest form of English law is that made by Parliament – but that, of course, is the Parliament for the whole of the UK. Indeed, there is a presumption that an Act of Parliament is operative throughout the United Kingdom (meaning England, Wales, Scotland and Northern Ireland), unless the contrary is expressed in the Act. However, it is not unusual to find that Parliament, in passing an Act of Parliament, deals with the law relating to England & Wales in one part of the Act, with the law relating to Scotland in another part of the same Act and Northern Ireland in yet another part. See for example the Unfair Contract Terms Act 1977 which is broken into parts on the basis of geographical operation. For a more recent example, see s.84 of the Health Act 2006. Moreover, since devolution at the end of the 20th century, the Scottish Parliament, the National Assembly for Wales and the Northern Ireland Assembly have their own legislative powers (albeit within prescribed areas). This means that it is increasingly the case that the UK’s Parliament in Westminster has been able to concentrate on making or changing the law only in England (or England & Wales). Having said that, Acts of Parliament do sometimes still apply to the whole of the UK. The best recent example is the Human Rights Act 1998. You must therefore be careful to check when looking at an Act of Parliament to see whether it applies to the whole of the UK, or just to England & Wales. “Recognises as binding” There is a distinction drawn between “hard” law and “soft” law. Only “hard” law is recognised as being legally binding. In England & Wales, legislation (whether made in Westminster or by the EU) and the decisions of the courts are recognised as being “hard” law and therefore legally binding. “Soft” law comes in a variety of sources – typical examples include consultation papers issued by law reform bodies such as the Law Commission, the Highway Code, government department circulars, and so on. “Soft” law is usually not legally binding although it can be relied upon as s guide to the interpretation and application of “hard” law. 4 Northumbria Law School Induction to Law 2. TERMINOLOGY 2.1 CRIMINAL LAW AND CIVIL LAW Watch ‘Introduction to the English Legal System – Branches of the ELS’ English Law is divided into two main branches: criminal law (such as prosecutions for murder or theft); and civil law (meaning anything other than criminal law, such as contractual disputes, employment disputes, property disputes, road traffic claims, medical negligence litigation, defamation cases, and so on). Criminal law and civil law need to be clearly distinguished. The following differences may be noted: i) Different terminology In criminal proceedings, a prosecutor prosecutes the defendant and if successful the defendant is found guilty (by magistrates in a magistrates’ court or by a jury in a Crown Court) and convicted. The defendant will then be sentenced by a judge or magistrates. In civil proceedings, a claimant sues (brings an action) against a defendant and if successful a defendant is said to be liable and judgment will be given for the claimant. In the vast majority of civil proceedings a single judge handles all aspects of the case. Then a claimant may be compensated for the loss suffered. ii) Different procedures Criminal and civil trials are very different in a number of respects. One important distinction to note concerns the burden and standard of proof. In criminal trials the burden of proof is on the prosecutor, who must show that the defendant is guilty. This gives effect to the principle a person accused of a criminal offence is innocent until proven guilty. The standard of proof in such a trial is that the defendant must be shown to be guilty beyond reasonable doubt.
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