Structure of Lux-Verbi’s and CCRS’s Online Tutorials [this is a draft- and is subject to corrections].
AS THIS PAGE IS STILL UNDER CONSTRUCTION - SOME TYPOS MAY EXIST. IT SHOULD BE UP AND RUNNING IN A FEW WEEKS.
For your legal research try: http://www2.bailii.org/~jury/cases/sort.htm - the latest English and Welsh Cases
Understanding Law – for LLB Degrees
(for years 1 to 2. If you would like year 3 tutorials please let us know)
Purpose/Objective of revision tutorial –
· To review generally what you have been studying and tested on over the past months
- may sound daunting but if you break it down into units you will find that it is manageable.
· To brush-up on your revision techniques that should help you revise more effectively and quickly.
· Opportunity to attempt some pass exam questions, under semi-exam conditions.
· Finally will review the questions you have attempted.
General overview of course - units
· We looked at law as a System of rules for which society all groups are organised and control.
· Regulates almost everything in our daily lives
· Some complex others very basic
· Morale or legal rules (e.g. laws concerning right of the individual as opposed to rules of procedure
· But that aims the same - system or method (written or unwritten) of social control
· Without laws life would be anarchy “ short nasty and brutish” - Locke
· Sources of law
1. Societal norms
2. Family norms
3. Cultural values
4. International e.g. international treaties
5. Court - common law or case law– ‘ declaration of law as is’
· Legal verses social rules
What other differences, if any?
· Civil and criminal law - the differences
Criminal law - VS -Civil law
1. Acts/offences against the state or society/ whereas civil claims involved acts or wrongs against individuals or companies
2. criminal law concerned about acts having so serious an impact on the society that sate should intervene/whereas enforcement of civil law was matter for the individual concerned
3. Prosecuted by state or Crown/civil law by claimant
4. Burden of proof on prosecution /civil burden on claimant
5. Standard of proof were very high / civil standard much lower –on the balance of probability
6. Compliant under each are usually heard in different courts with different procedures
Basic overview of court system
· Mag. Crt –Mainly (95%) of all criminal cases, some specific civil
· Crown Crt – Only criminal matters
· County Crts – Mainly civil, some criminal matters
· High Crt (QBD, Ch D, Family D) dealing with civil/criminal matters, property/commercial matters and family matters respectively. Also hears matters on appeal from courts lowers down the hierarchy
· Crt of Appeal and House of Lds – only appeals on matters of public importance or where a conviction is unsafe, with leave of the lower crt or the Appeal crts themselves
Sources of law - Unit 2
· Men's rea
· Actus reus
· Prosecution v defendant
Public and private
-Some Private Criminal Prosecutions e.g. Stephen Lawrence case
Sources of law - Finding the law
Statutory interpretation -
· Why need for statutory interpretation?
· Literal rule e.g.
· Golden rule e.g.
· Mischief rule e.g.
· Rules of language e.g.
· Aids to interpretation e.g.
president – Stare decisis -
1. Where a higher court establishes a rule or gives a decision of fact, then in a subsequent case a court deciding an issue based on similar facts, and law is bound to follow or apply that earlier rule of principle, providing the latter court is inferior to the court, which decided the earlier case.
Example Donoghue v Stephenson (1932)
- The decision of principle made on the actual facts, the court is asked to rule upon, as opposed to hypothetical or assumed facts.
- There may be more than one ratio!
- Any proposition or comments other than the ratio. (reason for the decision).
e.g. comments/propositions based on assumed or hypothetical facts/issues.
County Crt/Mag. Crt. Appeals to High.Crt./ Crown Court – . CA H.L ECJ (strictly speaking not an appellate crt but a source of interpretation of EC law)
/ Persuasive decision
1. e.g. where a particular issue was not considered in earlier authority or facts slightly different than that in the later case.
2. e.g. where a particular binding authority was not considered by Court in the earlier case.
3. e.g. persuasive authority, where principle was decided by lower crt or crt of equal status to present crt.
English Legal System -
2. Civil/Criminal procedure
3. Appeal System (Briefly referred to earlier)
4. Access to justice
Introduction to Conditional Principles –
1. What is a constitution – A set or system of
2. Sources of a constitution -
4. Separation of Powers
5. Parliamentary Supremacy – Myth of Reality?
1. What is it?
2. When established?
3. What does it mean in practical terms?
4. Is there real Parliamentary Supremacy?
5. Section 2(4) ECA 1972
Bulmer V Bullinger
Costa En Enel
Vand Gend En Loos
10. Does European Union and EC law signal the end to supremacy parliamentary supremacy. If so why? If not why not?
Introduction to the EU & EC law
2. Reasons for formation
3. Declared aims of EC/EU
1. Various Treaties, in particular Treaty of Rome, and also role of ECHR
2. Various Regulations
3. Various Directives passed
4. Recommendations made
5. Opinions of Commission and Advocate Generals to ECJ
1. Direct applicability
2. Direct effect
3. ECJ/national courts/Art 177 references
4. Social legislation e.g. Act 141, Directive 75/207 etc
5. Remedies for breach of EC law
Human rights in the U.K -
1. Allowed unless prohibited
2. Found in common law and various statutes, secondary legislation
3. ECHR – 5 year journey
4. ECHR – its history and purposes and achievements
-How HRA 1998 changes U K law and practice
- Various key sections of the 1998 Act and their significance to sovereignty and judicial law making
4. Legal Advice
6. Unnecessary detention
(a) Wrongful/unlawful arrest/detention Article 5 ECHR
(b) False imprisonment Art. 5 ECHR
(c) Unlawful searches Art ECHR
(d) Assault/P. Injuries }Art ECHR
Introduction to Criminal Law -
- Possible defences
TO LEGAL THEORY –
Law of Obligations – Tort & Contract -
- Formation (elements required)
liability for breach
terms implied into contracts by SGA , SGSA, CPA
relevance of UFCTA
- when/in what circumstances courts have held duty will exist
Damage and Product liability
Workings of EC –
Overview of law making process and authority to do so
Social Affairs and Social Policy –
1. Equal treatment
2. Consumer protection
3. Social security
4. Health and safety
5. Transfer of business undertaking
EC Law – Mobility –
6. Review & Attempt TMA06
7. Review and attempt TMA07
8. To whom does it apply?
Techniques / Requirements pg 8 of Revision Guide
(i) Briefly mention relevant issues not details or repetition of question
(ii) Briefly state the law relevant to the issues and the legal position generally
(iii) Apply law to facts of question
(iv) Consider whether there are any legal exceptions or reasons why the law may not apply in the given scenario. -No exceptions say so in one or two sentences
(v) In problem questions give your conclusion to the question of, not a summary of the entire answer, nor should you introduce new issues/points at this stage. Conclusion should be consistent with all you have written before.
(vi) In essay questions given very brief summary of points discussed and overall conclusion on the issues raised.
Titled “ How to cite decided cases in written work”
e.g. ® Smith V Jones [ 2000] 1 ALL ER, 100 at103 HL per Lord Briggs
® any later reference to previous case: Smith (ibid)
- Study Techniques
You can revise using your index cards at:
You can revise using your index cards at:
1. Bus Stop
3. Supermarket Queues
4. Awaiting for appointments at G.P. etc
5. Immediately before entering exam room
Using coursework for revision
1. Active revision
a. Attempt all coursework again as part of your revision giving your self 30 mins for each question.
e.g. Contract :
Invitation to treat: case authority?
Offer and acceptance: case ,,
statute on third party rights
Exclusion clauses : case?
Terms of Contract : ,, ,,
Final Advice before trial exam questions
© Lux-Verbi and CCRS, 2000. All rights reserved.