Legal and Economic English

Nuria Romero García

Unit 3
The English Legal System
Index

►3.1. Introduction and objectives

►3.2.The legal systems
►3.3. Law´s branches

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The Legal System

THE LEGAL SYSTEM

It consists of the law, the institutions, procedures and

personnel that help to the mechanism and application
of that law.

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The Legal Systems

Civil law • Codified system of law.

This is the most antique legal
tradition in the world that is
characterized by a codified system.
Legal codes establish all issues that
can be taken to court and the
appropriate proceedings.
• Written constitutions based on specific codes.
• Only legislative enactments are considered
binding.
• Little scope for judge-made law, although
judges generally follow precedent.
• Constitutional courts can nullify laws and
decisions.

Common law
Legal principles are found in the • There is not always a written constitution or
decisions adopted by judges when codified laws.
solving cases.
• Judicial decisions are binding.
According to the binding
Para modificar el • Everything is permitted if it is not expressly
precedent, judges solving particular forbidden by law.
Título y el
cases are bound to consider thenombre, ir a
decisions adopted by judges
Vista in de
> Patrón
previous similar cases.
Diapositivas

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The Legal Systems

The English Common Law system

Sources of Law

Law made by Law decided in the

Parliament courts
(legislation, statute law) (common law, case law)
It constitutes the written laws Decisions adopted by judges in
showing the will of the particular cases and applied
legislature. later in other cases by other
judges.

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The Legal Systems
Parliament and Statutes

After the Green

Before introducing Paper, there is a
a Bill to Parliament, White Paper
A valid Act of
the Government containing the Once a Bill has
Parliament
will go through a Government´s firm gone through all
constitutes written
process of proposal for new the necessary
law and is the final
consultation and law. Parliamentary
result of a long
they will publish process, the Queen
process that Following a period
the Green Paper will sign (Royal
follows the for consultation,
that contains the Assent) and then it
introductions of a the draft Bill is
proposal for is published as an
draft Bill in introduced in
changes to the law Act.
Parliament. Parliament to be
and invite
comments. debated, discussed
and amended.

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The Legal Systems
Common law or judge-made law
Justif

Judges deciding individual

Justification to follow
cases establish the majority of
precedent: doing justice.
the most fundamental legal
Consistency. Similar cases
rules and principles.
judged before the courts
The doctrine of judicial
should be treated in a similar
precedent means that when a
way to establish
judge is deciding a particular
determination.
case will look for a precedent
Law becomes more accurate
decision in an earlier similar
and predictable.
case to reach the fairest
It is considered both fair and
decision analising the case
efficient to follow precedent.
before them.

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The Legal Systems
Common law or judge-made law

Ratio decidendi. It is the reason for deciding. It is considered the

key legal rule leading to the decision and it is this legal rule that is
binding on a later legal matter.

The doctrine of
binding precedent
Obiter dicta. They are the things said by the way (a propósito), but
(stare decisis = to which were not essential for the decision in the case.
stand by decisions
already made)

The material facts of the case. They are considered the facts
that are important to the decision. Not all facts in a case will be
essential or key to the decision, so the judge will have to make clear
the relevant facts.

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The Legal System
Common law or judge-made law
Parliament may expressly overrule (revocación,
anulación) a case when Parliament chooses to
Express or do so. If a case has not been expressly
implied overruled but is inconsistent with a later Act, it
overruling will be deemed to have been impliedly
How can overruled.
cases lose
their
Reversal
binding In case a loser appeals and the appeal court
(anulación,
authority? revocación)
agrees with him/her.

In case a higher court, dealing with

indistinguishable (idéntico) material facts, but
Overruling
either expressly overrules the earlier case or
produces a ratio which is inconsistent with that
of the earlier case.

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The Legal System
Law´s branches CIVIL LAW
In common law systems, civil law concerns
the kind of law used in civil procedures.

Stand a • When sb is in dispute with another person it is necessary

claim in to stand a claim in the civil court: filing a claim, issuing a
the civil claim or starting proceedings.
court
People in a • The person who starts the claim is the
claimant in the UK (plaintiff in the USA).
claim The other party is the defendant.

• It is the document a claimant

Claim form uses to start legal action against
the defendant.

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The Legal System
Law´s branches

CONTRACT LAW. Contracts can come in many different shapes and sizes and
there are hundreds of possible points of disagreement regarding whether a
contract has been made in the proper way by the parties consenting the
agreement.

TORT LAW. It includes a great variety of civil wrongs consisting of the ways in
which injury, damage or loss can be caused to someone or some organisations.
One of the largest areas of civil action within tort is the wrong of negligence.

TRUST LAW. A trust consists of an arrangement through which a person who

establish it transfers property to one or more trustees and they will hold that
property for the benefit of another or others.

LAND LAW. It is the law of real property

Para modificar el
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FAMILY LAW. It concerns with a very wide scope of issues (marriage, divorce,
Vista > Patrón de
alimony, etc)
Diapositivas

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The Legal System
Law´s branches

Criminal law punishes serious forms of antisocial conducts: manslaughter

(homicidio), murder (asesinato), theft (robo), rape (violación), blackmail
(extorsión).
Governments make use of the law to criminalize a great deal of less important
misconducts concerning health and safety.
Most countries ban behaviours generating insecurity, causing offences and
damaging the efficient working of the government, the economy or society at
large.

Almost every criminal law system requires three basic elements: conduct, without
justification, without excuse.

Traditional offences constitute crime everywhere. Societies cannot permit attacks

on its own survival: treason (traición), terrorism and public disorder.
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AVista
person can be found guilty when two components are present: actus reus, for
> Patrón de
guilty act; and mens rea, for guilty mind.
Diapositivas

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The Legal System
Criminal branch
A particular crime requires actus reus and mens rea and both of these elements have
to be proved by the prosecution beyond all reasonable doubt. If this does not occur,
the accused will be acquitted (absuelto).

- It comprises all the elements of the offence other than the state of mind of the
defendant.
Actus - The conduct must be voluntary.
- Crimes can be divided into four types: action crimes (it is simply an act), state
reus
of affairs´ crimes (they consist of circumstances and sometimes consequences
but not acts), result crimes (the accused´s behaviour must produce a particular
result and raise the issue of causation) and ommisions.

It refers to guilty mind, the state of mind of the person comitting the crime.
Mens
There are two main states of mind: intention and recklessness (taking an
rea unjustified risk).

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