• Join over 1.2 million students every month
  • Accelerate your learning by 29%
  • Unlimited access from just £6.99 per month

The Nature of law.

Extracts from this document...


The Nature of law What Is Meant By Law It is difficult to be precise as to what law is, but it may be defined as a code of conduct for the people in a given community, which controls their activities towards each other, with respect to their private and business lines, and to their relationship with the state. Divisions of Law English law is usually classified as being either public or private law. 1. Public Law Public law is the law which governs the relationship between the state and individual members within the state, and between one state and another. This division of law comprises several specialist classes of law such as: a) Criminal Law Crime affects the whole community and as offences are considered to be against the state, they are punished by a system laid down and administered by the state. Criminal law is designed to protect the public from attack on their individual property or persons, and to enable any individual or group of individuals to perform their rights and duties under the law. b) Constitutional law This branch of law deals with the method of government within the state. Constitutional law affects the general public, in that it provides for the legislature (in this country The Houses of Parliament), the formation of the Executive (the Cabinet), the courts and legal system (the judiciary) ...read more.


The main classes of civil law are as follows: Law of Contract Agreement between two or more persons which is intended to be legally binding. Law of Tort A recognised civil wrong, other then a breach of contract or trust. Tort cover such wrongs as trespass, negligence, nuisance and defamation. Law of Property The rights of individuals to ownership and possessions of their property, both land and personal property (chattels). The law of succession deals with Wills and how property is distributed after death. Family Law The law concerning marriages, divorce and separation, and the responsibilities, and duties of parents to each other and to their children. Welfare Law Administrative law deals with disputes arising from the provision of state benefits, welfare law is concerned with the rights of individuals to obtain state benefits, and the rights and duties of parties with respect to housing and employment. Sources of law Where does the law come from. In English law the law comes from two main sources, legislation (acts of parliament) and judicial precedent, the decision of judges. Judicial precedent Judicial precedent or case law as it is often called is the source of a large part of common law and equity. The law is judge made, in that when a judge makes a decision in a court case on a particular aspect of law, other judges may be bound to follow this decision in subsequent cases. ...read more.


The Divisional Court's of the High Court These courts are bound by the decision of the House of Lords and Court of Appeal. The civil divisional courts are bound by their own previous decisions, but the Divisional Court of the Queen's Bench Division (which deals with criminals matters) is not so strictly help to its previous decisions. Decisions of divisional court of binding on judges of the same division of the High Court sitting alone, and on the inferior courts. The High Court's Decisions of cases of first instances, Where the judge sits alone, are binding on the inferior courts but are not binding on other High Court judges. A previous decision of a High Court judge may be treated as a persuasive precedent but will not be binding in other High Court cases. It is suggested that this also applies to High Court judges sitting in the Crown Court, but does not apply to Circuit judges or recorders, and they would be bound by previous decisions of a High Court judge. Decisions of the House of Lords, Courts of Appeal and Divisional Court of the High Court of generally binding on these courts. The Inferior Courts The county courts and the magistrates courts are bound by decisions of the superior courts. The inferior courts are not bound by their own decisions as they cannot create a precedent. ...read more.

The above preview is unformatted text

This student written piece of work is one of many that can be found in our University Degree English Legal System section.

Found what you're looking for?

  • Start learning 29% faster today
  • 150,000+ documents available
  • Just £6.99 a month

Not the one? Search for your essay title...
  • Join over 1.2 million students every month
  • Accelerate your learning by 29%
  • Unlimited access from just £6.99 per month

See related essaysSee related essays

Related University Degree English Legal System essays

  1. Sources of Law - Judicial precedent.

    Fact: B displayed a flick knife in his window with a price on it and was charged with Restriction of Offensive Weapons Act for offering a flick-knife for sale Held: B was acquitted because literally he was not offering the knife for sale he was merely making an invitation to treat.

  2. Law Making - Judicial Precedent.

    Easy to amend Delegated legislation is far easier to amend than statute law and gives the statute a longer working life The Disadvantages of Delegated Legislation 1. Non-Democratic Laws being made behind closed doors unlike parliament where it is debated fully 2.

  1. Intellectual Property Law.

    the economic value as a whole, the public domain thus almost meaningless. Such long duration may have a detrimental impact on literary, and other, forms of scholarship. By the time when the copyright works finally enter into the public domain after 50 or 60 years following it was made, it

  2. The nature of the equitable is a correction of the law where it is ...

    in the private conscience of the chancellor as it responded to individual cases. Much of the systemisation of equity began with the chancellorship of Lord Nottingham (1673-1682 ) until the time of Lord Eldon ( 1801-1806 and 1807-1827). the price of systemisation was that by the beginning of the nineteenth

  1. Law of Tort

    narrow approach, in order not to stand in the way of industrial and economic growth. Many cases were decided on matters of policy and the judges viewed many industrial activities as a natural use of land. They believed that this was the correct approach in a rapidly growing industrialised society.

  2. "Common Law and Civil Law"

    Criminal Law is to be seen as hybrid, as it draws elements from as well Private Law as Public Law (Lyall, 1994:23). 3.2 Sources of Law In general, sources of law could be classified into three large groups as well in common law as in civil law.

  1. What is the nature versus nurture debate? How is this related to causal explanations ...

    In contrast to some of these views social learning theories suggest that criminality is not due to genetics or personality but is in fact a learned response. Albert Bandura believed that a great deal of a person's behaviour is a result of learning through observation and imitation.

  2. Where judges do not follow precedent (or where they distinguish binding cases on dubious ...

    Even today, the decision as to which cases should and which should not be reported is a matter for the individual editor. The Editor of The Law Reports (Carol Ellis QC) said in 1975 that to merit reporting, a case must either introduce a new principle or new rule of

  • Over 160,000 pieces
    of student written work
  • Annotated by
    experienced teachers
  • Ideas and feedback to
    improve your own work