Transcript Sample Lecture - Law - Legal Foundations

LEGAL FOUNDATIONS
David Hughes
CL 1.75
[email protected]
Tel: 01642738160
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LEGAL FOUNDATIONS: AIMS
1.
2.
3.
4.
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
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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

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COURSE STRUCTURE
Sources of Law (Domestic and European)
 Judicial Precedent
 Statutory Interpretation
 The Trial
 The Judiciary
 The Jury

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TRY AND PREPARE FOR TUTORIALS
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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.

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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

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WEEK ONE
INTRODUCTION TO LAW
8
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

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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.

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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

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EXAMPLES
Government ministers decision on the expansion
of a motorway.
 Local authority planning permission powers
 Government ministers powers

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PRIVATE OR PUBLIC LAW

Private Law: law that affects matters between
individuals (whether people, groups of people or
companies)
Contract
 Family
 Tort
 Property

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PRIVATE LAW

Rights and duties of individuals
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CIVIL OR CRIMINAL LAW
Civil law: focus on compensating/ protecting the
victim
 Regulates rights, duties and liabilities between
individuals. Eg.
 Contract
 Family
 Property

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CIVIL AND CRIMINAL LAW
Criminal:
 Concerns duties which individuals owe to the
state. Usually leads to punishment

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DIFFERENCES
Civil
Remedies: right the
wrong
 Burden of proof: party
asserting the matter
 Balance of probability
 Parties: Smith v Jones

Criminal
Penalty: punish the
offender
 Burden of proof: lies
with the prosecution
 Beyond reasonable
doubt
 Parties: R v Smith

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NEXT WEEK
LECTURE:
 Sources of law (Domestic)
 Acts of Parliament
 TUTORIAL:
 Categories and classification of law
 FINALLY
 TUTORIAL GROUPS ARE YOU IN ONE?

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