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Legal foundations. David Hughes CL 1.75 [email protected] 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 - PowerPoint PPT Presentation
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LEGAL FOUNDATIONS: AIMS
1. Providing you with an understanding and overview of the English Legal System
2. Introducing you to the skills of finding and reading legal materials and tackling law questions
3. Helping you to understand the techniques of legal reasoning
4. 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
Legal Foundations (Law 1003-N)
Legal Method (Law 1002-N)
Legal Method B (Law 3003-N)
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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
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
Civil Criminal
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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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