L EGAL FOUNDATIONS David Hughes CL 1.75 Tel:

L EGAL F OUNDATIONS : A IMS 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 2

C OURSE S TRUCTURE 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 3

C OURSE S TRUCTURE Sources of Law (Domestic and European) Judicial Precedent Statutory Interpretation The Trial The Judiciary The Jury 4

T RY AND PREPARE FOR TUTORIALS 5

A SSESSMENT 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. 6

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 7

WEEK ONE INTRODUCTION TO LAW Legal Foundations (Law 1003-N) Legal Method (Law 1002-N) Legal Method B (Law 3003-N) 8

L EARNING 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 9

W HAT 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. 10

P RIVATE OR PUBLIC L AW ? 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 11

EXAMPLES Government ministers decision on the expansion of a motorway. Local authority planning permission powers Government ministers powers 12

P RIVATE OR PUBLIC LAW Private Law: law that affects matters between individuals (whether people, groups of people or companies) Contract Family Tort Property 13

P RIVATE LAW Rights and duties of individuals 14

C IVIL OR CRIMINAL LAW Civil law: focus on compensating/ protecting the victim Regulates rights, duties and liabilities between individuals. Eg. Contract Family Property 15

C IVIL AND CRIMINAL LAW Criminal: Concerns duties which individuals owe to the state. Usually leads to punishment 16

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 CivilCriminal 17

N EXT WEEK LECTURE: Sources of law (Domestic) Acts of Parliament TUTORIAL: Categories and classification of law FINALLY TUTORIAL GROUPS ARE YOU IN ONE? 18