Droit anglais
Week 1:
Introduction
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 legislative powers 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 action will 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 courts cannot 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 (and remember, 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 the