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Law and Constitution
Commission on Justice in Wales: Supplementary evidence of the Welsh Government to the Commission on Justice in Wales Contents Law and the Constitution 1 History and evolution 1 Problems operating Part 4 of the Government of Wales Act from 2011 onwards 4 Draft Wales Bill (2015) 7 Wales Act 2017 9 Accessibility of the law in Wales (and England) 10 Government and Laws in Wales Bill 12 Implications of creating a Welsh legal jurisdiction 15 Conclusion 18 Mae’r ddogfen yma hefyd ar gael yn Gymraeg. This document is also available in Welsh. © Crown copyright 2018 2 | Supplementary evidence of the WelshWG35635 Government Digital to ISBN the 978-1-78937-837-5 Commission on Justice in Wales Law and the Constitution 1. This paper is supplementary to the Welsh on designing a system of government that is the Government’s submission of 4 June 2018. most effective and produces the best outcomes for It focusses specifically on the law and the legal the people of Wales. Instead we have constitutional jurisdiction and its impact on government in Wales. arrangements which are often complex, confusing It also considers the potential impact of creating and incoherent. a Welsh legal jurisdiction and devolving the justice 5. One of the key junctures came in 2005 with system on the legal professions in Wales. the proposal to create what was to become a fully 2. The paper explores the incremental and fledged legislature for Wales. The advent of full piecemeal way in which Wales’ current system law making powers was a seminal moment and of devolved government has developed. -
THE RATIONAL STRENGTH of ENGLISH LAW AUSTRALIA the Law Book Co
THE RATIONAL STRENGTH OF ENGLISH LAW AUSTRALIA The Law Book Co. of Australasia Pty Ltd. Sydney : Melbourne : Brisbane CANADA AND U.S.A. The Carswell Company Limited Toronto INDIA N. M. Tripathi Limited Bombay NEW ZEALAND Legal Publications Ltd. Wellington THE HAMLYN LECTURES THIRD SERIES THE RATIONAL STRENGTH OF ENGLISH LAW BY F. H. LAWSON, D.c.L. of Gray's Inn, Barrister-at-Law, Professor of Comparative Law in the University of Oxford LONDON STEVENS & SONS LIMITED 1951 First published in 1951 by Stevens & Sons Limited of 119 <fe 120 Chancery IJine London - Law Publishers and printed in Great Britain by the Eastern Press Ltd. of London and Reading CONTENTS The Hamlyn Trust ..... page vii 1. SOURCES AND GENERAL CHARACTER OF THE LAW 3 2. CONTRACT ....... 41 3. PROPERTY 75 4. TORTS ........ 109 5. CONCLUSION ....... 143 HAMLYN LECTURERS 1949. The Right Hon. Sir Alfred Denning 1950. Richard O'Sullivan, K.C. 1951. F. H. Lawson, D.C.L. VI THE HAMLYN TRUST HE Hamlyn Trust came into existence under the will of the late Miss Emma Warburton THamlyn of Torquay, who died in 1941 aged 80. She came of an old and well-known Devon family. Her father, William Bussell Hamlyn, practised in Torquay as a solicitor for many years. She was a woman of dominant character, intelligent and cultured, well versed in literature, music, and art, and a lover of her country. She inherited a taste for law, and studied the subject. She travelled frequently on the Continent and about the Mediterranean and gathered impressions of comparative jurisprudence and ethnology. -
“English Law and Descent Into Complexity”
“ENGLISH LAW AND DESCENT INTO COMPLEXITY” GRAY’S INN READING BY LORD JUSTICE HADDON-CAVE Barnard’s Inn – 17th June 2021 ABSTRACT The Rule of Law requires that the law is simple, clear and accessible. Yet English law has in become increasingly more complex, unclear and inaccessible. As modern life becomes more complex and challenging, we should pause and reflect whether this increasingly complexity is the right direction and what it means for fairness and access to justice. This lecture examines the main areas of our legal system, legislation, procedure and judgments, and seeks to identify some of the causes of complexity and considers what scope there is for creating a better, simpler and brighter future for the law. Introduction 1. I am grateful to Gresham College for inviting me to give this year’s Gray’s Inn Reading.1 It is a privilege to follow a long line of distinguished speakers from our beloved Inn, most recently, Lord Carlisle QC who spoke last year on De-radicalisation – Illusion or Reality? 2. I would like to pay tribute to the work of Gresham College and in particular to the extraordinary resource that it makes available to us all in the form of 1,800 free public lectures available online stretching back nearly 40 years to Lord Scarman’s lecture Human Rights and the Democratic Process.2 For some of us who have not got out much recently, it has been a source of comfort and stimulation, in addition to trying to figure out the BBC series Line of Duty. 3. -
Welsh Tribal Law and Custom in the Middle Ages
THOMAS PETER ELLIS WELSH TRIBAL LAW AND CUSTOM IN THE MIDDLE AGES IN 2 VOLUMES VOLUME I1 CONTENTS VOLUME I1 p.1~~V. THE LAWOF CIVILOBLIGATIONS . I. The Formalities of Bargaining . .a . 11. The Subject-matter of Agreements . 111. Responsibility for Acts of Animals . IV. Miscellaneous Provisions . V. The Game Laws \TI. Co-tillage . PARTVI. THE LAWOF CRIMESAND TORTS. I. Introductory . 11. The Law of Punishtnent . 111. ' Saraad ' or Insult . 1V. ' Galanas ' or Homicide . V. Theft and Surreption . VI. Fire or Arson . VII. The Law of Accessories . VIII. Other Offences . IX. Prevention of Crime . PARTVIl. THE COURTSAND JUDICIARY . I. Introductory . 11. The Ecclesiastical Courts . 111. The Courts of the ' Maerdref ' and the ' Cymwd ' IV. The Royal Supreme Court . V. The Raith of Country . VI. Courts in Early English Law and in Roman Law VII. The Training and Remuneration of Judges . VIII. The Challenge of Judges . IX. Advocacy . vi CONTENTS PARTVIII. PRE-CURIALSURVIVALS . 237 I. The Law of Distress in Ireland . 239 11. The Law of Distress in Wales . 245 111. The Law of Distress in the Germanic and other Codes 257 IV. The Law of Boundaries . 260 PARTIX. THE L4w OF PROCEDURE. 267 I. The Enforcement of Jurisdiction . 269 11. The Law of Proof. Raith and Evideilce . , 301 111. The Law of Pleadings 339 IV. Judgement and Execution . 407 PARTX. PART V Appendices I to XI11 . 415 Glossary of Welsh Terms . 436 THE LAW OF CIVIL OBLIGATIONS THE FORMALITIES OF BARGAINING I. Ilztroductory. 8 I. The Welsh Law of bargaining, using the word bargain- ing in a wide sense to cover all transactions of a civil nature whereby one person entered into an undertaking with another, can be considered in two aspects, the one dealing with the form in which bargains were entered into, or to use the Welsh term, the ' bond of bargain ' forming the nexus between the parties to it, the other dealing with the nature of the bargain entered int0.l $2. -
English Contract Law: Your Word May Still Be Your Bond Oral Contracts Are Alive and Well – and Enforceable
Client Alert Litigation Client Alert Litigation March 13, 2014 English Contract Law: Your Word May Still be Your Bond Oral contracts are alive and well – and enforceable. By Raymond L. Sweigart American movie mogul Samuel Goldwyn is widely quoted as having said, ‘A verbal contract isn’t worth the paper it’s written on.’ He is also reputed to have stated, ‘I’m willing to admit that I may not always be right, but I am never wrong.’ With all due respect to Mr Goldwyn, he did not have this quite right and recent case law confirms he actually had it quite wrong. English law on oral contracts has remained essentially unchanged with a few exceptions for hundreds of years. Oral contracts most certainly exist, and they are certainly enforceable. Many who negotiate commercial contracts often assume that they are not bound unless and until the agreement is reduced to writing and signed by the parties. However, the courts in England are not at all reluctant to find that binding contracts have been made despite the lack of a final writing and signature. Indeed, as we have previously noted, even in the narrow area where written and signed contracts are required (for example pursuant to the Statute of Frauds requirement that contracts for the sale of land must be in writing), the courts can find the requisite writing and signature in an exchange of emails.1 As for oral contracts, a recent informative example is presented by the case of Rowena Williams (as executor of William Batters) v Gregory Jones (25 February 2014) reported on Lawtel reference LTL 7/3/2014 document number AC0140753. -
Crime and Punishment in Eighteenth-Century England
University of Arkansas at Little Rock Law Review Volume 14 Issue 3 Article 5 1992 Crime and Punishment in Eighteenth-Century England William B. Jones Jr. Follow this and additional works at: https://lawrepository.ualr.edu/lawreview Part of the Jurisprudence Commons, and the Law Enforcement and Corrections Commons Recommended Citation William B. Jones Jr., Crime and Punishment in Eighteenth-Century England, 14 U. ARK. LITTLE ROCK L. REV. 531 (1992). Available at: https://lawrepository.ualr.edu/lawreview/vol14/iss3/5 This Book Review is brought to you for free and open access by Bowen Law Repository: Scholarship & Archives. It has been accepted for inclusion in University of Arkansas at Little Rock Law Review by an authorized editor of Bowen Law Repository: Scholarship & Archives. For more information, please contact [email protected]. BOOK REVIEW Crime and Punishment in Eighteenth-century England. Frank Mc- Lynn. New York: Routledge, Chapman & Hall, 1989. 392 pp. $45.00 (hardcover); Oxford and New York: Oxford University Press, 1991. 392 pp. $13.95 (paperback). William B. Jones, Jr.* Since laws were made for ev'ry Degree, To curb Vice in others, as well as me, I wonder we han't better Company, Upon Tyburn Tree! But Gold from Law can take out the Sting; And if rich Men like us were to swing, 'Twould thin the Land, such Numbers to string Upon Tyburn Tree! - John Gay, The Beggar's Opera (1728), III, xiii Eighteenth-century England is often viewed through a distorted lens as the epitome of a one-dimensional Age of Elegance-the era of powdered wigs, ornate snuffboxes, Palladian villas, the operas of Han- del, the portraits of Reynolds, and the couplets of Pope. -
Sources of UK Law
Sources of UK Law Introduction Primary Sources o Refers to the law itself – the original and authoritative statements of law o It comes in the following forms: . Case law made by the courts . Legislation enacted by Parliament . European law Secondary Sources o Refers to commentaries on the law: . Legal Encyclopaedias . Parliamentary and Non Parliamentary Documents . Law Journals . Textbooks Case Law The decisions of the courts are reported in publications known as “Law reports” – they are fundamental, primary sources of UK law. The successful development of the law depends upon the production of reliable law reports which carry the facts, issues and decision as well as the legal principles upon which the judgment is made. A unique feature of English law is the doctrine of judicial precedents – where the reported decisions of the courts form a binding source of law for future decisions. A judge is bound by the decisions of superior courts but not necessarily by those of inferior courts. What are Law Reports? Research Guides A law report: Reprints full text of a judgment, including statement of facts and judicial reasoning made by judges Carries additional material such as a summary of legal issues, lists of cases cited, legislation referred to and other key features History of Law Reports Law reports have existed since the reign of Edward I - it is possible to find details of very old Library:SOAS cases. Before 1865 Collections of law reports were published privately by individuals. They were referred to by the name of the individual reporter or compiler. The majority of older cases can be found in the English Reports series. -
THE SANCTITY of CONTRACTS in ENGLISH LAW AUSTRALIA the Law Book Co
THE HAMLYN LECTURES TENTH SERIES THE SANCTITY OF CONTRACTS IN ENGLISH LAW AUSTRALIA The Law Book Co. of Australasia Pty Ltd. Sydney : Melbourne : Brisbane CANADA AND U.S.A. The Carswell Company Ltd. Toronto INDIA N. M. Tripathi Private Ltd. Bombay NEW ZEALAND S^veet & Maxwell (N.Z.) Ltd. Wellington PAKISTAN Pakistan Law House Karachi THE SANCTITY OF CONTRACTS IN ENGLISH LAW BY SIR DAVID HUGHES PARRY, Q.C., M.A., LL.D., D.C.L. An Honorary Bencher of the Inner Temple, Professor of English Law in the University of London Published under the auspices of THE HAMLYN TRUST LONDON STEVENS & SONS LIMITED 1959 First published in 1959 by Stevens & Sons Limited of 119 & 120 Chancery Lane London — Law Publishers and printed in Great Britain by the Eastern Press Ltd. of London and Reading Stevens A Sons, Limited 1959 CONTENTS The Hamlyn Trust ..... page vii 1. GROWTH OF SANCTITY OF CONTRACTS . 1 The Moral Basis of Contract—The Influence of the Ecclesiastical Courts—Contracts in the Court of Chancery—Enforceability of Contracts at Common Law—The Influence of Benthamism— Nineteenth Century Views of Contracts: The Historical School—The "Will Theory" of Con- tracts—Conclusion 2. ENCROACHMENTS ON SANCTITY OF CONTRACTS 19 Contracts which Equity Declined to Enforce— Curtailment of Freedom of Contract by the Legislature—Contracts entered into on Sunday— Wagering Contracts—Infants' Contracts—Truck Acts—Moneylenders Acts—Hire-Purchase Acts —Labour Legislation—Trade Union Legislation 3. CURTAILMENT OF FREEDOM OF CONTRACT BY THE COMMON LAW COURTS ... 39 Implied Terms—Impossibility of Performance— Contracts Contrary to Law or Morality—Con- tracts in Restraint of Trade—Monopolies and Restrictive Practices—Executive Arrangements 4. -
The Posse Comitatus and the Office of Sheriff: Armed Citizens Summoned to the Aid of Law Enforcement
Journal of Criminal Law and Criminology Volume 104 Article 3 Issue 4 Symposium On Guns In America Fall 2015 The oP sse Comitatus And The Office Of Sheriff: Armed Citizens Summoned To The Aid Of Law Enforcement David B. Kopel Follow this and additional works at: https://scholarlycommons.law.northwestern.edu/jclc Part of the Criminal Law Commons Recommended Citation David B. Kopel, The Posse Comitatus And The Office Of erSh iff: Armed Citizens Summoned To The Aid Of Law Enforcement, 104 J. Crim. L. & Criminology 761 (2015). https://scholarlycommons.law.northwestern.edu/jclc/vol104/iss4/3 This Criminal Law is brought to you for free and open access by Northwestern University School of Law Scholarly Commons. It has been accepted for inclusion in Journal of Criminal Law and Criminology by an authorized editor of Northwestern University School of Law Scholarly Commons. 0091-4169/15/10404-0761 THE JOURNAL OF CRIMINAL LAW & CRIMINOLOGY Vol. 104, No. 4 Copyright © 2015 by Northwestern University School of Law Printed in U.S.A. THE POSSE COMITATUS AND THE OFFICE OF SHERIFF: ARMED CITIZENS SUMMONED TO THE AID OF LAW ENFORCEMENT DAVID B. KOPEL* Posse comitatus is the legal power of sheriffs and other officials to summon armed citizens to aid in keeping the peace. The posse comitatus can be traced back at least as far as the reign of Alfred the Great in ninth- century England. The institution thrives today in the United States; a study of Colorado finds many county sheriffs have active posses. Like the law of the posse comitatus, the law of the office of sheriff has been remarkably stable for over a millennium. -
The History of Bail and Pretrial Release
1 The hisTory of Bail and PreTrial release septemBer 23, 2010 TimoThy r. schnacke, michael r. Jones, claire m. B. Brooker the History of Bail And 1 Pretrial release1 A. IntroductIon1 cases alleging abuses in the pretrial release or detention decision-making process. These abus- While the notion of bail has been traced to an- es were originally often linked to the inability to cient Rome,2 the American understanding of bail predict trial outcome, and later to the inability is derived from 1,000-year-old English roots. A to adequately predict court appearance and the study of this “modern” history of bail reveals two commission of new crimes. This, in turn, led to fundamental themes. First, as noted in June Car- an over-reliance on judicial discretion to grant or bone’s comprehensive study of the topic, “[b]ail deny a bail bond and the fixing of some money [originally] reflected the judicial officer’s predic- amount (or other condition of pretrial release) tion of trial outcome.”3 In fact, bail bond decisions that presumably helped mitigate a defendant’s are all about prediction, albeit today about the pretrial misconduct. Accordingly, the follow- prediction of a defendant’s probability of making ing history of bail suggests that as our ability to all court appearances and not committing any predict a defendant’s pretrial conduct becomes new crimes. The science of accurately predicting more accurate, our need for reforming how bail a defendant’s pretrial conduct, and misconduct, is administered will initially be great, and then has only emerged over the past few decades, should diminish over time. -
Crime and Punishment: Middle Ages 1000-1500
History Paper 1 – Crime and Punishment: Middle Ages 1000-1500 Crime Factors Law Enforcement Factors Punishment factors 1 Religious ideas 14 Role of local communities 30 Purpose of punishment: deterrence, retribution or reform? 2 Poverty 15 Government spending 31 Fear of Crime 3 Political change 16 Increased population 32 Social change 4 Increased population 17 New technology 33 Role of individuals 5 Increased taxation Middle Ages: Law Enforcement Middle Ages: Punishment 6 New technology 18 Hue and cry Witnesses to a crime had to raise the hue and cry – Stop, thief!. Anyone who heard had to join the chase to catch the criminal or 34 Wergild ‘Blood price’. Saxon system of 7 Increased movement of people face a fine. compensation paid to victim Middle Ages Crime 18 Tithing All men over 12 had to join a tithing. A group of 10 men. If one the 35 Mutilation People caught stealing several group committed a crime the others had to tell or pay a fine. times would have their hand 8 Petty In Saxon England 75% of all cut off theft crime was theft of small items 19 Reeve In charge of 10 tithings. When a crime was reported the Reeve had e.g. food, livestock. to bring the criminal before the Manor Court 36 Humiliation Petty crimes and drunkenness punished by the stocks or 9 1066 Normans invade and win 20 Manor Court The whole village was jury with the Lord as judge. pillory battle of Hastings. William the Conqueror crowned King 21 Trial by Ordeal If the jury could not decide then the decision was placed ij God’s 37 1066 William abolishes Wergild. -
9Th Circ. Raises the Bar on Misprision of a Felony by Andrew Goldsmith
Portfolio Media. Inc. | 111 West 19th Street, 5th Floor | New York, NY 10011 | www.law360.com Phone: +1 646 783 7100 | Fax: +1 646 783 7161 | [email protected] 9th Circ. Raises The Bar On Misprision Of A Felony By Andrew Goldsmith Law360, New York (June 23, 2017, 12:28 PM EDT) -- When special counsel Robert Mueller began his work last month, he may have been surprised to learn the Ninth Circuit had added a new element to one of the potential crimes within his jurisdiction just two days before his appointment. In United States v. Olson, the court held that misprision of a felony requires a defendant to know the crime he or she is concealing is a felony.[1] Apparently, no other court has considered the possibility of such a requirement in the 227 years since the crime was codified. Despite this critical change, Olson gives little guidance on how to prove, for example, that a defendant knew that a private citizen could be sentenced to more than a year in prison for corresponding with a foreign government to influence that government or to undermine the United States. The Andrew Goldsmith potential implications are not limited to cases under the purview of the special counsel’s office. In cases involving low-level or little-known underlying felonies, this new element may convert the most widely applicable obstruction statute, carrying among the lowest sentences for such a crime, into the most difficult to prove. Misprision of a Felony English law recognized “a duty to raise the ‘hue and cry’ and report felonies to the authorities” as early as the 13th century.[2] The first Congress codified misprision in 1790, and today’s 18 U.S.C.