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UNIT 1: LEGAL SYSTEM

1 Distinction Between Public and Private Law

(ownership and rights over land or assets)

2 Civil Law vs Criminal Law

+ Often leads to lawsuits for compensation or injunctions (court

orders to do or stop doing something)

Example of Overlap:

- A road accident may lead to both criminal charges (e.g., fordangerous driving) and civil claims (for compensation fordamages or injury)

3 Substantive Law vs Procedural Law

- Substantive Law:

+ Defines the rights, duties, and liabilities in a legal system.

+ Examples include the legal right to free speech or propertyownership.

UNIT 2: SOURCE OF LAW: legislation

Part A Background to making new law

1 Primary Legislation

What It Is:

 Primary Legislation is the main form of law in the UK.

 It’s also called Acts of Parliament or statutes.

 These are laws created directly by Parliament (the UK’s

main law-making body)

How It Works:

 Every Act of Parliament starts as a Bill, which is essentially

a draft or proposal for a new law

 A Bill goes through various stages of debate and approval

in both Houses of Parliament (House of Commons andHouse of Lords)

 Once both Houses agree on the Bill, it receives Royal Assent (formal approval by the monarch).

 After Royal Assent, the Bill becomes an Act of Parliament, meaning it’s now official law and applies to

the whole country

Example:

 A new law requiring seatbelts in all vehicles would be

Primary Legislation if Parliament creates it directly as an

people

 It includes statutory instruments, bye-laws, and professional regulations.

Purpose:

 Secondary Legislation is used to fill in the details of a

Primary Law or Act

 This type of law allows government ministers, local authorities, and public bodies to make more specific

or technical rules under the authority of an Act.

How It Works:

 Parliament passes an Act that sets out the general framework or principles of the law.

 Then, specific details are created by Secondary

Legislation This is often needed when an Act is too broad

or complex to include every detail

 Examples of Secondary Legislation include setting out howlaws will be enforced, specific rules, penalties, orprocedures

Types of Secondary Legislation:

1 Statutory Instruments: Rules or regulations made by government ministers to handle details under an Act.

For example, setting the exact speed limit under a roadsafety Act

2 Bye-laws: Rules made by local authorities or public

bodies for specific local issues For instance, bye-laws maycontrol parking or public spaces in a particular city

3 Professional Regulations: Rules created by professional bodies to regulate their industry, often

under the authority of an Act that oversees theirprofession

Example:

 If an Act of Parliament sets general rules for environmental

protection, Secondary Legislation might set the exact emission limits for factories.

Summary of the Difference

 Primary Legislation (Acts of Parliament): Main laws

created directly by Parliament

 Secondary Legislation (Delegated Legislation): More

specific rules or regulations created by other bodies orministers, under the authority of an Act, to implement themain law’s details

3 Purposes of a New Act

 Updating Existing Laws: Modifying outdated laws to

reflect current needs

 Legislating for New Situations: Introducing laws in

areas previously unregulated (like new technologies)

 Implementing Government Policy: Making new laws to

support policy goals

 Complying with International/EU Law: Ensuring UK

laws align with international agreements

 Consolidating Laws: Combining related laws into a

single, organized statute

 Codifying Rules: Organizing case law and statutes on a

specific subject into a formal statute

Part B: Early Development of a Bill

Before a Bill (a proposal for a new law) is introduced inParliament, there are often preparatory steps the governmentmay take to get public and professional input Here’s how itworks:

1 Green Paper (Initial Proposal):

 This is like an early draft or outline of the government’s

ideas for new legislation It is called a "Green Paper."

 The Green Paper sets out broad ideas or potential changes and invites public feedback It’s a chance for individuals, organizations, and interest groups to

give their opinions and suggestions

 Purpose: The government uses this feedback to see if

there is public support, find out what people think, andgather new ideas that might improve the proposal

2 White Paper (More Refined Proposal):

 After considering feedback from the Green Paper, thegovernment might publish a "White Paper." This is a more

specific and detailed version of the proposal.

 The White Paper outlines more defined plans for the law and often includes the government’s finalized approach.

 Consultation: The White Paper may be discussed with pressure groups, experts, and organizations related

to the topic to ensure the proposal is well-informed

 Purpose: This helps the government shape a Bill that is

likely to be supported in Parliament

3 Direct Introduction without Green or White Paper:

 Not all Bills have to go through the Green Paper and

White Paper stages

 Some Bills go straight to Parliament if they are alreadyclear enough, urgent, or straightforward, skipping the earlypublic consultation stage

Part C: Passing an Act

Once the Bill is ready (with or without a Green or White Paper), itgoes through a formal process in Parliament to become law.Here’s how this works:

1 Three Readings in the House of Commons (the main

law-making body in the UK):

 First Reading:

o This is just an introduction The title of the Bill is read to Members of Parliament (MPs), and no debate

takes place

o It’s simply an announcement that the Bill exists andwill be discussed later.

 Second Reading:

o At this stage, MPs debate the general principles

of the Bill (the main ideas, goals, and the reasonsbehind it)

o Purpose: MPs decide if they support the basic idea of

the Bill, without getting into the specifics

o If the majority of MPs agree, the Bill moves to thenext stage

 Committee Stage:

o A small group of MPs (called a "standing

committee") examines the Bill in detail

o Amendments: The committee can suggest changes

to the Bill’s details to improve or clarify it

o Purpose: This stage is to make sure every part

of the Bill aligns with the goals discussed in the Second Reading.

 Third Reading:

o After the committee’s changes, the Bill is presentedagain to MPs in the House of Commons

o Final Approval: MPs discuss the final form of the

Bill and vote on it

o If the majority approve, the Bill moves to the House

of Lords (the upper house of Parliament)

2 House of Lords Review:

 The Bill goes through similar stages in the House

of Lords.

 They read, debate, and may suggest changes If theHouse of Lords proposes amendments, it goes back

to the House of Commons for approval

 This back-and-forth ensures thorough examination byboth houses

 Today, this is just a formality, meaning it’s just a

traditional step that does not require any activedecision by the monarch

 Once the Bill receives Royal Assent, it officially

becomes law and is called an Act of Parliament UNIT 3: SOURCES OF LAW: common law

A Common law in UK

1 Common Law System

 The UK (along with countries like the USA, Canada, India,

and others) follows a common law system.

 In common law, many rules and principles are based on

judicial decisions made in previous court cases rather

than only on written laws passed by Parliament

 Even though there are laws (legislation) passed by

Parliament, judges have some freedom to interpret and refine these laws in court This makes common law

adaptable

2 Key Principles of Common Law

Two important principles are highlighted:

Hierarchy of the Courts

 Higher courts (like the Court of Appeal or Supreme Court) have more authority, and their decisions bind lower courts.

 If a higher court makes a decision, lower courts must follow that decision in similar future cases.

Binding Precedent

 Precedent means that once a court makes a decision on a

particular legal issue, this decision can serve as a guide forfuture cases

 A binding precedent means that if a decision was made

by a higher court, lower courts must apply the samereasoning in similar cases

 This principle ensures consistency in the law, so similar

cases get similar treatment

3 How Precedents Work in Practice

 During a trial, lawyers (or counsel) will look at past cases

(precedents) to support their arguments

o They might cite cases that have similar facts or

legal issues to show how the court should decide

o Alternatively, they might try to distinguish the case,

meaning they argue that the current case is differentfrom the previous case in some important way, so theprecedent should not apply

 Case law is the body of law created by court decisions,

and it grows over time as judges make more decisions indifferent cases

 However, not every decision becomes a precedent Only

the reasoning behind the decision (the legal principle)

becomes a precedent, not all the details of the case

4 Role of Statements of Law

 Judges may make statements of law in their decisions.

 Some statements aren’t binding, but they might still be

persuasive in future cases, meaning they could influence

a judge even though they’re not required to follow them

 For example, statements made by a respected judge in alower court might be cited in future cases for theirreasoning

5 European Court of Human Rights Influence

 Since the Human Rights Act of 1988, UK courts must also consider decisions made by the European Court of Human Rights.

 This means that UK courts must align with human rightsprinciples established by this court, affecting how judgesinterpret and apply the law in the UK

Summary

 In the UK, the common law system relies heavily on

precedents set by court decisions.

 Higher courts’ decisions bind lower courts, and lawyers useprevious cases to argue for or against certaininterpretations in current cases.

 This system allows laws to develop over time, adapting tonew circumstances while ensuring that similar cases aretreated similarly

B Law reports

1 Law Reports and the Common Law System

 Law reports are essential for the common law system

because they record and publish decisions made in courtcases

 These reports are used as authoritative references in

future cases, allowing lawyers and judges to refer to past

decisions This supports the principle of precedent in

common law, where past decisions influence future rulings

2 Types of Law Reports

 The Law Reports published by the Council of Law Reporting are highly authoritative and frequently cited.

 They differ from other series of law reports (like

Butterworth’s All England Law Reports [All ER] and LloydsLaw Reports) because they:

o Include summaries of counsel’s arguments (the

main arguments presented by lawyers)

o Are revised by the judge before publication to

ensure accuracy

 This attention to detail makes the Law Reports a preferredsource for reliable legal reference

3 Case Citations

 Cases are cited by referring to the volume and year of

publication For example, “Meah v Roberts, [1978] 1 All ER

97” means:

o Meah v Roberts: Names of the parties involved.

o [1978]: The year of the case.

o 1 All ER 97: Volume 1 of the All England Law

Reports, page 97

 Case citations help locate specific cases in legal databases

or physical reports

4 Electronic Databases

 Electronic databases have made it easier for the public

and legal professionals to access recent cases This meansthat case law is now more accessible, supporting researchand the application of precedent

UNIT 4: THE COURT SYSTEM

A Civil courts

1 Role of Civil Courts

 Both criminal and civil courts in England and Wales are

designed to hear evidence and decide the facts of a case

 Lower courts (like Magistrates' and County Courts) usually focus on determining the facts of a case, while higher courts (like the High Court or Court of Appeal) deal with the legal points or interpretations of law.

2 Types of Civil Courts and Their Functions

 Magistrates' Courts and County Courts are the primary

courts for handling straightforward civil cases, such as:

o Family matters (e.g., cases involving child custody

or divorce)

o Uncontested divorce cases or smaller civil actions

that don’t require complex legal interpretation

3 Judges and Magistrates

 Judges and magistrates in civil courts have different titlesbased on their roles and qualifications:

o Magistrates: Usually volunteer, not professionally

trained, and sit in the Magistrates’ Court without ajury

o Stipendiary Magistrate: A full-time, paid,

professionally trained magistrate (qualified as alawyer)

o Lay Magistrates: Unpaid members of the

community who serve in court with minimal training

 Circuit Judges and Recorders (part-time judges) sit in

County Courts, often without a jury, and handle cases with

both facts and legal issues.

4 Types of Cases in County and High Courts

 County Courts handle:

o First instance civil cases (cases being heard for

the first time), including:

 Contract disputes

 Compensation claims for personal injuries

 Consumer complaints

 Bankruptcy cases

 High Court of Justice handles more complex cases like:

o Administration of estates (legal management of

someone's property after death)

o Recovery of land (e.g., eviction cases).

 The High Court is split into three divisions:

o Family Division: Deals with family law cases.

o Chancery Division: Handles cases about trusts,

estates, and property

o Queen’s Bench Division: Takes care of other civil

disputes, like contract cases and personal injuryclaims

5 Appeals Process

 Court of Appeal: Cases from the High Court can be appealed to the Court of Appeal, which can either reverse (change) or uphold (agree with) the lower court’s

decision

 House of Lords: In some cases, civil matters can bypass the Court of Appeal and go directly to the House of Lords (now replaced by the Supreme Court since 2009) if they

involve points of public importance

6 Key Terms and Vocabulary

 Claimants: Individuals who bring a claim to court

(previously called plaintiffs)

 Legal remedy: Compensation or solution the court

provides to the claimant if they win the case

 Appellant: A person who applies to a higher court to

review and change the decision of a lower court

 Quorum: The minimum number of judges required to

make a legal decision

 Leave to Appeal: Permission to take a case to a higher

punishment, the Magistrates' Court can send the case

to the Crown Court.

 Crown Court:

o Deals with more serious (indictable) crimes like

theft, assault, drug trafficking, and murder Thesecrimes are not suitable for the Magistrates' Court due

o A branch of the Magistrates' Court that deals with

offenders who are under 18.

o Children under 14 and young persons (minors)

between 14 and 17 are generally tried without a jury,

meaning they’re tried summarily (a quicker, less

formal process)

3 The Trial Process in Criminal Cases

 Prosecution by the State:

o In most cases, the government, on behalf of thepublic (represented as "the Crown"), brings chargesagainst individuals accused of crimes This is known

as the State prosecuting the crime.

 Jury System:

o In Crown Court trials, a jury of twelve people decides whether the defendant is guilty or not guilty of the crime.

4 Appeals Process

 Appealing a Decision:

o If someone is found guilty in the Crown Court, they may have the right to appeal against the conviction

(the guilty verdict) or the sentence (the punishment)

o Appeals go to the Criminal Division of the Court

of Appeal.

o Leave to appeal (permission) must be granted for a

case to be heard in the Court of Appeal In somecases, if further appeal is needed, it can go to the

House of Lords (now replaced by the Supreme Court since 2009).

Key Terms and Vocabulary

 Petty crimes: Less serious criminal offenses.

 Indictable offences: Serious criminal offenses that

require a formal trial

 Tried summarily: Cases handled quickly without a jury,

usually for minor offenses

 Prosecutes: The State (or Crown) formally accuses

someone of a crime in court

 Appeal: Requesting a higher court to review the decision

of a lower court

 Leave to appeal: Permission to have an appeal heard in a

higher court

UNIT 5: CRIMINAL JUSTICE AND CRIMINAL PROCEEDINGS

A Criminal justice

1 Investigation and Prosecution

 Role of the State:

o The state is responsible for prosecuting those who are charged with a crime (accused of committing a

crime)

 Police Responsibilities:

o Investigate the crime to gather evidence.

o Apprehend (arrest) suspects if they believe

someone may have committed the crime

o Detain in custody (hold the person in jail

temporarily) while they decide on the next steps

 Decision to Prosecute:

o If the police believe there is enough evidence, they

decide if the offender (person accused of the crime)

2 Role of the Crown Prosecution Service (CPS)

 Evidence and Public Interest:

o The CPS reviews the case file to determine if there’s a

realistic prospect of conviction (a good chance

that the evidence will lead to a guilty verdict)

o They also consider if pursuing the case is in the

public interest (beneficial for society).

 Decisions of the CPS:

o Prosecute: Proceed with formal charges and take

the case to court

o Caution: Give a warning to the offender without

going to court

o No further action: Decide not to prosecute if there

isn’t enough evidence or if it’s not in the publicinterest

3 Starting Criminal Proceedings

 Ways to Begin a Case:

o Summons: A document is issued, requiring the accused (person suspected of the crime) to come to

court

o Warrant of Arrest: For serious cases, a judge can

issue a warrant allowing the police to arrest and bringthe accused to court

4 Representation and Legal Aid

 Public Prosecutors:

o Lawyers from the CPS may serve as public prosecutors in court, representing the state.

 Criminal Defence Service (CDS):

o Provides legal aid (financial assistance) to help the

accused pay for legal representation if they can’tafford it

o Often involves a duty solicitor (a lawyer who assists

the accused at the police station and in court)

 Defence Costs:

o At the end of a Crown Court case, the judge may

order the defendant (accused person) to pay some orall of the legal costs incurred

5 Case Names

 Naming Conventions:

o In criminal cases, the case name usually starts with

"R v [Defendant’s Name]"

o "R" stands for Regina (Queen) or Rex (King),

representing the Crown (state), while "v" (versus)means "against."

For example, if a person named Green is prosecuted, the case

would be titled "R v Green," meaning the Crown is prosecuting

Green

Key Terms and Vocabulary

 Prosecute: To bring a case against someone in a criminal

court

 Offender: A person accused or guilty of a crime.

 Realistic prospect of conviction: Likelihood of a

successful prosecution

 Public interest: The welfare or well-being of the general

public

 Summons: An order for someone to appear in court.

 Warrant of arrest: An authorization for police to arrest

someone

 Public prosecutor: A lawyer representing the state in

court

 Legal aid: Financial help for legal representation.

 Duty solicitor: A lawyer assigned to help suspects at

police stations or court

B Categories of criminal offence

1 Summary Offences

 These are minor crimes (like traffic offences or minor

assaults)

 They are only tried in a Magistrates’ Court.

 There is no jury involved in these cases.

 Punishments are usually less severe, such as fines or shortjail terms

2 Indictable Offences

 These are serious crimes (such as murder or serious

sexual assault)

 They are heard only in a Crown Court.

 They involve a jury trial.

 The formal document outlining the charge against the

accused is called an indictment.

 They carry heavier penalties

3 Triable Either Way

 These offences can be tried in either a Magistrates’ Court or a Crown Court.

 Examples include theft or burglary

 If the defendant pleads guilty in a Magistrates’ Court, the

court can either sentence them or send the case to aCrown Court for a potentially tougher sentence

 If the defendant pleads not guilty, the court decides the

appropriate court for the trial

 The defendant may request a trial by jury, which, if

approved, takes place in the Crown Court

 The English legal system is adversarial This means that

both sides (the prosecution and the defense) present theirevidence separately

 Each side cross-examines the other's evidence to

challenge its credibility or truthfulness

2 Burden of Proof

 In criminal cases, the burden of proof lies with the prosecution They must prove that the accused is guilty beyond a reasonable doubt.

 If there’s doubt about the defendant’s guilt, they cannot beconvicted

3 Bail