Introduction to English Common Law MOOC

GLOSSARY

Act Of Parliament: A law that has been approved by both Houses of Parliament and has been
given Royal Assent by the Monarch. Also known as statute.

Alternative dispute resolution: Various methods by which a dispute can be resolved without
going to court, for example through mediation, conciliation or arbitration.

Appellate court: A court that hears appeals from a previous court decision.

Civil law: The type of law which covers disputes between individuals and organisations, and
provides remedies such as monetary compensation.

Civil law system: Civil law systems have their origins in Roman law, and later developed in
continental Europe and around the world. They are different from common law systems in
several ways.

Common law: Rules of law developed by the courts.

Common law system: In common law systems law is created by court decisions, based on the
doctrine of judicial precedent.

Constitution: The rules that determine the role of government in a state, and the relationship
between individuals and the state.

Crown (or Royal) Prerogative: Special rights and powers to which the Crown alone is entitled
under common law. In modern times most of these powers are exercised by the government.

Crown Prosecution Service: An organisation that is responsible for prosecuting people who
have been charged by the police with a criminal offence.

Delegated legislation: Law created by government ministers under powers given to them by an
Act of Parliament. Also known as secondary legislation.

English common law: In this course we use the shorter phrase 'English common law' to refer to
the common law of England and Wales. The common law system covers both England and
Wales.

Equity: Part of English law originally exercised by the Lord Chancellor and then the Court of
Chancery, as opposed to the law administered by common law courts.
European Convention on Human Rights: A legal document, drafted in 1950, aimed at
protecting human rights in states that are members of the Council of Europe.

European Union law: A collection of treaties, law and court judgments which bind the Member
States of the European Union.

The House of Lords, also known as the House of Peers, is the upper house of the Parliament
of the United Kingdom. Membership is granted by appointment or else by heredity or official
function.

The House of Commons is the lower house of the Parliament of the United Kingdom.

Lord of Chancellor (in the UK): the highest officer of the Crown, responsible for the efficient
functioning and independence of the courts, and formerly presiding over the House of Lords, the
Chancery Division, or the Court of Appeal.

Jurisdiction: (1) The official power of a court to make legal decisions and judgments. (2) A
country, state, or other area where a particular set of laws or rules must be obeyed.

Magistrate: The people who make decisions in the magistrates’ courts. Most magistrates are lay
people who have no formal legal qualifications and who are unpaid volunteers.

Parliamentary sovereignty: A principle of the UK constitution. It makes Parliament the supreme

legal authority in the UK which can create any law. The courts cannot overrule its legislation and
no Parliament can pass laws that future Parliaments cannot change.

Precedent: A court judgment used as authority for reaching the same decision in subsequent
cases.

Primary legislation: Primary legislation consists of Acts of Parliament or statute.

Royal Assent: The Monarch's agreement that is required to make a Bill into an Act of
Parliament.

Secondary legislation: Law created by government ministers under powers given to them by an
Act of Parliament. Also known as delegated legislation.

Separation of powers: The constitutional principle that limits the powers vested in any person or
institution. It divides governmental authority into three branches: legislative, executive and
judiciary.

Statute: A law that has been approved by both Houses of Parliament and has been given Royal
Assent by the Monarch. Also known as an Act of Parliament.
Statutory instrument: A type of delegated (or secondary) legislation.

Statutory interpretation: The process by which courts interpret and apply legislation.

Trial court: A court where cases are tried in the first place, as opposed to an appellate court.

Tribunal: A body established to settle certain types of dispute. A tribunal will often be more
informal than a court.

Week 1 readings:

https://www.coursera.org/learn/intro-common-law/supplement/9ZuJI/what-is-law

https://www.bl.uk/magna-carta/videos/what-is-magna-carta#

https://www.judiciary.uk/about-the-judiciary/history-of-the-judiciary/

https://www.judiciary.uk/about-the-judiciary/the-justice-system/court-traditions/

https://www.judiciary.uk/you-and-the-judiciary/going-to-court/high-court/
Week 4:

https://www.parliament.uk/education/about-your-parliament/how-laws-are-made/
Interpretation

- Literal rule (English, kek KBBI)

- Golden rule (extending the statute)
- Mischief rule (look at the purpose of the statute, rather than the wordings)

“Hansard” kek naskah akademik bukan deng kek risalah rapat, boleh dipake kalo legislation nya
segitu ambigunya

Week 5

Common law  case law (judicial precedent)

Case law : a creations of law by decisions of judges in courts.

Not every court can make law, only supreme court, court of appeal, high court.

www.judiciary.gov.uk/wpcontent/uploads/2012/08/courts-structure-0715.pdf