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Legal foundations. David Hughes CL 1.75 email@example.com Tel: 01642738160. Legal Foundations: Aims. Providing you with an understanding and overview of the English Legal System Introducing you to the skills of finding and reading legal materials and tackling law questions
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Legal foundations David Hughes CL 1.75 firstname.lastname@example.org Tel: 01642738160
Legal Foundations: Aims • Providing you with an understanding and overview of the English Legal System • Introducing you to the skills of finding and reading legal materials and tackling law questions • Helping you to understand the techniques of legal reasoning • Introducing you to some of the key skills of lawyers and the operation of the legal system
Course Structure • 19 lectures and 18 x 1 hour tutorials • Introduction to law • Sources of Law (Domestic) • Sources of Law (European) • Introduction to legal research • Introduction to legal theory
Course Structure • Sources of Law (Domestic and European) • Judicial Precedent • Statutory Interpretation • The Trial • The Judiciary • The Jury
Assessment • Assessment is in two parts: • A portfolio of in course assessments (ICA) which comprises 50% of overall module grade; • An end of course assessment which comprises 50% of overall module grade.
reading • Darbyshire, P. (2008) Darbyshire on the English Legal System 9th Edition Sweet & Maxwell • Harris, P (2007) An Introduction to Law 7th Edition Cambridge University Press • Ward R, Ahktar, A. (2008) Walker & Walkers English Legal System 10th Edition Oxford University Press
WEEK ONEINTRODUCTION TO LAW Legal Foundations (Law 1003-N) Legal Method (Law 1002-N) Legal Method B (Law 3003-N)
Learning outcome • Distinguish between law and other social rules and conventions • Explain the difference between public and private law • Distinguish between civil law and criminal law
What is law? • System of rules • Lays down standards to which we ought to conform • Legal rule, moral rule and social convention • Difference is: Failure to adhere to legal rules may result in a penalty • Law is never static it is always changing.
Private or public Law? • Public Law • Areas of law that involves matters related to the state: • Constitutional law: e.g. role and power of the institutions within the state • Administrative law: e.g. regulates public authorities, accountability of public authorities • Criminal law: state responsible for prosecution and justice
examples • Government ministers decision on the expansion of a motorway. • Local authority planning permission powers • Government ministers powers
Private or public law • Private Law: law that affects matters between individuals (whether people, groups of people or companies) • Contract • Family • Tort • Property
Private law • Rights and duties of individuals
Civil or criminal law • Civil law: focus on compensating/ protecting the victim • Regulates rights, duties and liabilities between individuals. Eg. • Contract • Family • Property
Civil and criminal law • Criminal: • Concerns duties which individuals owe to the state. Usually leads to punishment
differences Civil Criminal • Remedies: right the wrong • Burden of proof: party asserting the matter • Balance of probability • Parties: Smith v Jones • Penalty: punish the offender • Burden of proof: lies with the prosecution • Beyond reasonable doubt • Parties: R v Smith
Next week • LECTURE: • Sources of law (Domestic) • Acts of Parliament • TUTORIAL: • Categories and classification of law • FINALLY • TUTORIAL GROUPS ARE YOU IN ONE?