Droit anglais

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Introduction to British Law 12 weeks

Week 1:


History o Show map of United Kingdom of Great Britain and Northern Ireland  Jurisdiction  Wales and England, because they have the longest history of being together, English Law is this  Even though Scotland joined them in the 1700s, they had negotiated and 1706 Treaty of Union, article 19 granted them their own legislativepowers  Same for Ireland, now Northern Ireland, in 1801  Now you do have the Government of Wales Act 2006 which allows Wales to make its own legislation  So in conc. When we say English law, this is what we mean. Reading case names o Name of cases should be in italics or sometimes underlined, not the citation o Criminal  If Ms Smith steals Mr Brown’s car then it is likely that a criminal actionwill be brought against her by the State  Criminal actions are brought against the individual by the State. Therefore criminal cases will usually start with R (Rex or Regina) or sometimes in full  The defendant will have their surname included  Between the two you have “v”. V just means versus, but when you say it for criminal cases, it is “against”  If the criminal is a minor, the courtscannot reveal the name to the public, and therefore will use an initial, e.g. R v S  Occasionally prosecutions are brought by the government’s law officers Attorney General (main legal advisor to the government) will be referred to as A-G or AG Director of Public Prosecutions (appointed by AG as head of the Crown Prosecution Service  As the police forces only came into existence in 1829 (andremember, there is no one police force in the UK) private prosecutions can take place. Then it would be Brown v Smith o Civil  Mr Brown is in a neighbour dispute with Ms Smith, and wants to bring an action against her  Civil disputes, Brown v Smith Brown and Smith (‘v’ said as ‘and’) First person is the claimant, second name is the defendant.

If there is an appeal, first name is usually theappellant, and the second is the respondent  In civil law, the State can have an interest in what are described as judicial review cases. For example, Mr Brown is unhappy with his local council, the London Borough of Southwark, for failing to take an action against his neighbour. He can bring an action against the Council o R v London Borough of Southwark, ex parte Brown  In some family and propertyactions, there is a slightly different format. For example, Ms Smith’s daughter is out of control and needs to be taken into care o Re Smith or In re Smith o ‘Re’ is Latin for ‘in the matter of’ or ‘concerning’ o Again, for children, initialised. o Because of common law, there is an importance of case judgments and legal principles told by judges  Over 2000 are published each year  Some dating backover 700 years  The Law Reports are the most respectable (as there is no official court ones.) The courts prefer it. Checks with the judges for the approval before publishing  Divides its series depending on which court heard the case Appeal Cases o Includes decisions of the CA, former HL, Supreme Court and the Privy Council Chancery Division o Chancery Division of the HC and their appeals tothe CA Family Division o Fam Div of HC and their appeals to the CA Queen’s Bench o QBD of HC and their appeals to the CA  Neutral Citation Due to the Practice Direction (Judgements: Form and Citation) Introduced neutral citation in 2001 in CA and HC For electronic ease due to no fixed page numbers unlike books Unique number is given to each approved judgment and paragraphs are numbered CivilDivision of the CA [2004] EWCA Civ 1, 2, 3 etc Criminal Div. of the CA [2004] EWCA Crim 1, 2, 3 etc Administrative Court [2004] EWHC Admin 1, 2, 3 etc

EW is for England and Wales Paragraph 4 is found [2004] EWCA Civ 5 at [4] Case reference Each case is given a reference to explain where it can be found in the report. Usually letters and numbers, pattern depends on who is the law report Year...