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Sources and varieties of english law

Sources and varieties of english law. 19th October, 2011. Legal systems in the world. Civil law Most widespread system Based on Roman law Main source enacted laws Common law England , Wales , Northern Ireland, Ireland , former colonies Religious law

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Sources and varieties of english law

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  1. Sourcesandvarietiesofenglishlaw 19th October, 2011

  2. Legal systems inthe world • Civil law • Most widespreadsystem • Based on Roman law • Mainsourceenactedlaws • Commonlaw • England, Wales, Northern Ireland, Ireland, formercolonies • Religiouslaw • Canon law, Islamiclaw (Sharia), Hindu law, Jewishlaw (Halakha) • Mixed legal systems

  3. Englishlaw? • English law is the law which is administered by courts in England and Wales.

  4. Acts of Union, 1707 – created Great Britain by uniting Scotland with England and Wales • provisions for a separate legal system • Acts of Union, 1800 – created United Kingdom by adding Northern Ireland to Great Britain • separate courts in Ireland

  5. Sources

  6. Ancient customs – unwritten law established by long use • Judicial precedent – a decision of the court used as a source for future decision making • Equity – legal principles that supplement strict rules of law where the application would be harsh • Enacted law – written law made by a legislative body

  7. Commonlaw a) …as opposed to statutory law = ancient customs + judicial precedent b) …system as opposed to civil law system = great weight on court decisions

  8. Categories Domestic law: public law - criminal - civil private law - civil International law: public law – criminal - civil private law - civil

  9. Domestic/internationallaw • according to theterritorywhere it is applied • Public/privatelaw • according to thepartiesinvolved • public law – the state has a directinterestinthematter • privatelaw – involvesinterestsofprivateindividuals

  10. equity • act • custom • precedent • judge • legislation • offence • equitable • to enact • customary • to make, follow a precedent • to judge, judicial, judiciary • legislature, to legislate, legislative • on offender, to offend

  11. Constitutionallaw • Contractlaw • Familylaw • Administrativelaw • Conflictoflaws • Criminallaw • Tortlaw • Maritimelaw • Extradictionlaw • Revenuelaw

  12. Examquestions • How many legal systems exist in the world? • How many legal systems exist in the UK? • Why does the Uk have different legal systems? • What are the sources of English law? • How can we define common law? • What are the categories of law in English legal theory?

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