Unit 2 sources and varieties of english law

UNIT 2Legal Systems of the World Sources and Varieties of English Law... Legal systems of the worldCIVIL LAW continental law - most widespread system, based on Roman Law French, German

UNIT 2

Legal Systems of the

World Sources and Varieties of

English Law

Legal Systems of the World

Legal Systems of the World

Major legal systems:

1 CIVIL LAW

1 RELIGIOUS LAW

Legal systems of the world

CIVIL LAW (continental law)

- most widespread system, based on Roman Law (French, German

Scandinavian)

- Main source : enacted laws (codes/statutes) – passed by legislature

- laws provide general principles and guidelines which are applied in

each case

COMMON LAW (Anglo-Saxon law)

- developed in England in the 11th century – UK, Ireland, USA (except

Louisiana), Canada (except Quebec), Australia, India, Hong Kong

- Sources of common law:

a) ancient customs,

b) judicial precedents (previous court rulings)

c) enacted laws

- does not provide general principles, but court rulings

Legal systems of the

world

RELIGIOUS LAW

- Main source: a religious system or document

- usually follows the the principles of either civil or common

- Sharia in Islam; Halakha in Judaism

- Afghanistan, Saudi Arabia, Oman Libya …

LEGAL SYSTEMS – often combinations of two or more systems Israel (common, civil, Jewish), Cyprus, Louisiana (French civil + common - federal laws; Scotland – civil + common)

Common law vs Civil law

The common-law legal system contrasts strongly with the civil-law legal system of

Continental countries Read the following pieces of information and

decide which type

of legal system they apply to.

A central importance of enacted law/central importance of precedent

B from general rules to particular cases/from individual cases to general rules

C principles are flexible/principles are based on real facts/ in time fixed principles may not correspond to changing circumstances / principles develop in

individual cases/ general enacted principles are applied to individual cases

Common law

Continental law

A Basic characteristics of

the system

B Style of legal reasoning

C Legal principles

The United Kingdom

How do you understand the following geografical names?

 Wales

 Great Britain

 The British Isles

 England

 Scotland

 Northern Ireland

 United Kingdom

 Ireland

The United Kingdom of Great Britain

and Northern Ireland

ENGLAND

NORTHERN IRELAND

WALES SCOTLAND

(Great Britain)

The Republic of Ireland = a separate state

UK judicial system

UK – a unitary state made up of several separate

jurisdictions

- no single unified judicial system

UK judicial system

- substantial identity on many points

- considerable differences in law and in procedure

legal system

of England

and Wales

legal system

of Scotland

legal system

of Northern Ireland

Sources of English law

 English legal system = common law legal system

 English law – no unified structure

ENGLISH LAW

CUSTOM = unwritten law established by long use

JUDICIAL PRECEDENT = a legal decision in a previous case which is

considered as

an authoritative rule or pattern in future similar or

analogous cases

ENACTED LAW = written law made by Parliament or another legislative body

ANCIENT

CUSTOM

S

JUDICIAL PRECEDEN

TS

EQUITY

ENACTED LAW (Acts

of Parliament

)

EUROPEA

N LAW

COMMON LAW and EQUITY

- two parallel systems of justice which exist side by side in English law

COMMON LAW (as a source of law)

- part of law formulated, developed and administered by the old common law courts; based on the common customs of the country - UNWRITTEN

EQUITY

- grew up from the practice of medieval Lord Chancellors; administered

by the Court of Chancery (Lord Chancellors were not bound by judicial precedents of common law cvourts)

- purpose – to add to or supplement common-law rules in cases where these were too rigid to give justice (litigants were dissatisfied withe the remedies of common law courts)

- gradually became more rigid; 1873 – fused with common law; since

then administered by the same courts

- now – an indistinguishable part of English law

Principal divisions of English

law

I according to the territory on which it is applied

II according to the parties involved

1 PRIVATE LAW – areas of law involving private

citizens

2 PUBLIC LAW – areas of law in which the state has a direct interest

Sources and Varieties of

English

Law - I Read quickly the text to decide which heading goes Reading comprehension

with which paragraph of the text.

(1) Common law

(2) Branches of English law

(3) English common law and Roman law

(4) No unified structure of English law/ Equity and common law

II Read the text once again in more detail and do

comprehension check exercises on pages 8 and 9.

I Match the words from BOX A and BOX B below which are most closely connected What is the connection

between each pair of words?

BOX A BOX B

Sources and Varieties of

English Law - Exercises

1 case law

2 justice

3 Lord Chancellor

4 common law

5 custom

6 Parliament

a) equity b) legislator c) case law d) law reports e) Equity

f) usage

Sources and Varieties of

English

Law Complete the following passage For each blank space choose the correct word - Exercises

from the list below Use each word once only.

The Importance of Legislation as a Source in English and

Continental Law

In many (1) continental countries much of the law is (2) For

this reason there is more written, or (3) _ than (4)

law In contrast, there is no general code of

(5) law Still,(6) _ is common, and many

areas of law, e.g (7) _ are codified, but

(8) is the main source of the law

partnership, enacted, continental, unwritten, English, judicial precedent, legislation, codified

Match the following legal terms with

their definitions:

a court; a lawyer; a judicial precedent; enacted law; legislation; a judge; the constitution; parliament

=a written law made by Parliament or another legislative body

=a place where justice is administered

=the system of fundamental principles according to which a nation, state, corporation, or the like, is governed

=making or enacting laws

=a public officer authorized to hear and decide cases in a court

of law

=a person whose profession is to represent clients in a court of law or to advise or act for clients in other legal matters

=a legal decision in a previous case which is considered as an authoritative rule or pattern in future similar or analogous cases

=a legislative body in various countries

Essential terms

(a source of law)

law)

obiteljsko pravo; administrative law = upravno pravo; constitutional law = ustavno pravo; revenue law = financijsko pravo; adjectival (procedural) law = procesno pravo