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EFL1_Sources_and_Varieties_of_English_Law_29_Oct_2010

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					      Lecturer: Miljen Matijašević
G10, room 6/I, Wed 11:30-12:30
   e-mail: miljen.matijasevic@zg.t-com.hr
           Session 3, 29 Oct 2010
1.   Revision of the previous session



2.   Sources and Varieties of English Law
1.   Outline the main features of the civil law
     system.

2.   What about the common law system?

3.   Name at least 4 meanings of the word ‘law’.
     Mind the use of the article!
4.       Who does these things and what do they
         mean?

     ◦    to   lay down the law
     ◦    to   enforce the law
     ◦    to   interpret the law
     ◦    to   practice law
     ◦    to   conform to the law
COMPLETE USING THE WORDS ABOVE
1.   _______ is another word for duress, which means forcing
     someone to do something.
2.   Law is a system of rules with a certain social _______.

3.   Failure to _______ to the law may lead to penalties.
4.   When you break the law, this is called a(n) _______.
5.   The legislature enacts laws and the courts _______ them.

6.   Laws are _______ by governments. They also reserve the
     right to punish _______ which can be interpreted as _______,
     which means disregard, or violation of the law.
COMPLETE USING THE WORDS ABOVE
1.   COERCION is another word for duress, which means forcing
     someone to do something.
2.   Law is a system of rules with a certain social PURPOSE.

3.   Failure to CONFORM to the law may lead to penalties.
4.   When you break the law, this is called a(n) INFRACTION.
5.   The legislature enacts laws and the courts ENFORCE them.

6.   Laws are IMPOSED by governments. They also reserve the
     right to punish CONDUCT which can be interpreted as
     NEGLECT, which means disregard, or violation of the law.
Unit 2
What are the Croatian terms for the above?
NOTE:

religious law – legal system

civil law – double meaning:
 ◦ (continental) civil law – legal system
 ◦ civil law – field of law (as opposed to criminal law)


common law – double meaning:
 ◦ legal system
 ◦ a source of law
   Consider the relationships between the following
1.    The United Kingdom of Great Britain and
      Northern Ireland
2.    The Republic of Ireland

    Great Britain: England, Wales and Scotland

    Certain political and legal independence
    England and Wales share a common legal
     system, while Scotland and Northern Ireland
     have separate legal systems
   COMMON LAW – substantive law and
    procedural rules created by judicial decisions
    made in the courts
   STATUTE LAW – laws enacted by the Queen in
    Parliament (statutes, i.e. Acts of Parliament)
   EQUITY – a parallel system to common law
   EU LAW – EU legislation and decisions of the
    European Court of Justice (ECJ) applicable in
    all Member States
   before the Norman Conquest (1066), laws were local and
    based on custom, administered by feudal courts
   Norman Kings – political and administrative unification
   introduced a national legal system and a system of courts

   Henry II (1154-89) - the common law system was instituted
    in its entirety
   national legal system based on case law, which developed
    into judicial precedents – the basis of common law to the
    present day
• common law system proved rigid in its
practices and its remedies often led to
unsatisfactory results
• dissatisfied litigants turned to the monarch
• the monarch forwarded these petitions to
the Lord Chancellor (Keeper of the King’s
Conscience)
• the Court of Chancery was formed to deal
with these petitions
• developed into a separate system within
English law known as EQUITY, as the Lord
Chancellor was not bound by precedents
administered by common law courts, but
was rather guided by equity, i.e. fairness
   e.g. where common law could only impose a
    payment of damages, equity had the option to
    issue an injuction or order specific performance


   equity soon established jurisdiction over matters
    where common law was failing, and as such
    continued to exist for five centuries
The Supreme Court of Judicature Acts 1873-1875

   reformed the system of courts and brought
    together the common law courts and the courts
    of Chancery

   the Court of Chancery became the Chancery
    Division of the High Court of Justice, which it
    remains until the present time

   equity has its own set of precedents
   where common law and equity conflict, equity
    prevails
The jurisdiciton of the Chancery Division of the High
 Court of Justice today includes areas such as:

   Disputed intellectual property, copyright or patents;

   Redemption and foreclosure of mortgages;

   Land law matters;

   Revenue issues;

   Professional negligence claims against solicitors, accountants,
    surveyors and others;

   Etc.
... in the next session!
   Study the figure on page 5 carefully.
    Discuss what each branch of law deals with
    and give examples of cases which belong to
    a particular field.
Exercise 5, p.9 – match the branches of law
   with their definitions
1.   What are the four sources of English law?
2.   Explain the two meanings of common law!
3.   Who is subject to EU law and where is it
     created?
4.   What are the origins of common law?
5.   Outline the history of equity!
6.   Explain the following :
       private law vs. public law
       criminal law vs. civil law
       substantive law vs. procedural (adjectival) law
Thank you for your attention!

				
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