lecture 1 introductory lecture
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FOUNDATION LAW2013/14
Lecture 1
Foundation LawO Natasha Sharma (Law Lecturer)
O 1st Floor Staffroom
O Timetable:O One 2 hours lecture every week (Wednesdays 3.30pm-
5.30pm-4th Floor Lecture Theatre)O One 2 hours seminar each week (see individual
timetables)
O Moodle Foundation Law page
Foundation LawO Weekly Lectures
O Reading List (from set texts, list of cases, journal articles, further reading)
O Self Study Questions/Consolidation Exercises
O Seminars (consolidation exercises/ discussions/ group work/ presentations.)
O Quizzes
O Formative Assignments
O Week 7-Formative Tests (all subjects)
Course Outline:Term 1:O Introduction to the English Legal System:
Common Law System-sources of English law Doctrine of Judicial PrecedentParliament and the Legislative processParliamentary SupremacyThe court hierarchy-criminal & civil
courts/personnel and Tribunals (Court visits!)
Small ClaimsAlternative Dispute Resolution (ADR)Trial by juryRestorative v Retributive justice
O The legal profession
O Legal Research
Definitions/abbreviations and citationsUsing legal databases to retrieve
material for legal researchReading articles/journals and casesReferencing academic legal workPlagiarism /Collusion and how to avoid
it!Submitting work through TurnitIn
O Criminal Law: Elements of crime-actus reus & mens rea
Burden and standard of proof
Offences against the person (1)- fatal offences: murder and manslaughter
Offences against the person (2)- non fatal offences: common assault, battery, assault occasioning actual bodily harm (ABH) & grievous bodily harm (GBH)
Offences against property- Theft (burglary/robbery), trespass and criminal damage
Term 2:O Law of Torts:
Tort of Negligence and the 4 key elements (duty of care, breach, causation and damages)
Burden and standard of proofMitigation and contributory negligenceTort law-branch of the common law, therefore,
a lot of case law analysis! (e.g. Donoghue v Stevenson (1932)- “neighbourhood principle”- a case which students will NEVER forget!!!!)
Types of damagesDefamationTrespass/ torts against the person and the
overlap with the criminal law
O Contract Law:Definition of a contractThe 7 key elements of a contract (Offer,
Acceptance and Consideration)Formation of a contractContractual terms- implied termsSale of Goods Act (1979)Breach and remediesMisrepresentationsNegligent Misrepresentation and
MisstatementsThe innocent 3rd party and the bona fide
purchaserPromissory Estoppel-High Trees Case
O Introduction to Equity
O Equitable and Common Law Remedies
O Land Law
O Ownership of property-Freehold, Leasehold and Commonhold tenures
O Joint ownership- Tenancy in Common and Joint Tenancy
Assessments:O 50% Final End of Year Exam
O 25% Written Summative Assignment
O 25% Oral Assessment
O End of Term Exam * (Week 12-9th December 2013)
O Pass mark 40%
2013-2014 Student Academic Calendar (Foundation Business &
Humanities)O Student Handbook
O Assessment Deadlines
O Planning and managing workload
O Late submission penalties-always be sure of the date and time by which work is to be submitted and the mode of submission. Subject teachers will provide you with specific instructions for each assignment
O Written Summative Assignments- usually due by 3pm on Thursday
Learning Materials & Resources:
O Book Pack: Jacqueline Martin, “GCSE Law”, Glanville Williams-Learning the Law & a copy of the Oxford Law Dictionary
O LRC Resources (textbooks and journals)
O Foundation Law Moodle page (course materials, Quizzes, announcements, links to electronic resources etc.)
O City University Library
O Glossary of legal terms/cases
Some Basic Rules:O Switch off mobile phones
O Punctuality & attendance (“The 10 Minutes Rule”)
O No food or drink (except water) is permitted
O Inappropriate behaviour will not be tolerated (both towards the teacher and fellow students!)
Lecture 1
Introduction to Law
Learning Outcomes:O Understand the different classifications of law;
O Show awareness of why the law is needed in society;
O Explain the difference between a law and a rule, and what makes a law enforceable;
O To be able to explain the difference between the public law and private (civil) law;
O Outline the differences between the criminal public law and private (civil) law and particularly the different levels or “standard of proof”; and
O Understand what is meant by double liability.
Reading List:O Jacqueline Martin, “GCSE Law”, 5th edition,
chapter 1- “Introducing Law”, pages 1-8
O Glanville Williams: Learning the Law, pages 2-3 (“Crimes and civil wrongs”), pages 16-18 (“Elementary legal terminology”) and page 20 (“Public and Private Law”)
What is law?
What is law?O No agreed definition of “law”
O Sir John Salmond defines law as “ the body of principles recognised and applied by the state in the administration of justice”
O Generally refers to a set of rules which governs society
O What are rules? Can you think of a rule which you are bound by , yet it cannot be defined as being a “law”?
O Rules set out what you can or cannot do, a violation of which usually results in a penalty (or punishment) being applied
O Rules therefore, maybe of a contractual or mutual nature, or maybe prescribed by law
O The rules governing society only become law when they are created or recognised by the Government (in the UK through the passing of an Act of Parliament/ statute- we will be looking at the law making process in week 3) and only then can they be enforced in the courts
Why do we need law in society?
Lets consider the following scenarios and think about the reasons why such rules are imposed…………..O A restriction on the loudness at which music can be
played
O Throwing rubbish in public places is not permitted
O It’s a criminal offence for a parent to slap their child, even if it’s a form of discipline
O An employer cannot pay an employee a wage which is less than the amount prescribed by law
O The purposes that imprisonment serves
The law serves the following aims……..
O Protects society (both individuals and their property)
O Maintains public order
O Punishment acts as a deterrence
O Protects the rights and freedoms of individuals
O Promotes justice, fairness and equality
O Avoids people from being exploited
Classification of the law
O The laws in the UK can be categorised as either a branch of the public or private (civil) law
Public LawO Public law involves the state or the
government
O This can be an action brought by the state against an individual (or vice versa), an action brought by a state against another state (for example, an action brought by one EU member state against another) or an action against a public body ( for example, an action against a local authority.)
The Criminal LawO The criminal law is a prime example of the
public law
O Why do you think it is the responsibility of the state to prosecute the defendant in criminal cases, even though the crime
is often committed against another individual (known as the “victim”) or
their property?
O Aim of the criminal law is to maintain law and order, and for the protection of society.
TerminologyO Defendant: the person against whom the action is
brought/ the party who is defending the action brought against him/her
O Victim: the person who has suffered from the crime
O Prosecution: the party (in criminal law) bringing the action against the defendant
O Charges: the criminal offences which are brought against the defendant
The Crown Prosecution Service (The CPS)
O The CPS is the government body which will in a majority of criminal cases, be responsible for bringing the action against the defendant
O The role of the CPS is to investigate the charges being brought against the defendant, gather the evidence and manage the conduct of the case at a hearing in the criminal court
O The CPS acts as a representative of the state in criminal proceedings
O More information about the CPS can be found on its website: www.cps.gov.uk
Citation of Criminal CasesO Most criminal cases are cited as follows:
R v Alhuwalia (1992)
O The “R” stands for Rex (King) or Regina (Queen)-this depends on who is at the throne
O The defendant/s is identified by their surname (in the above example, the defendant is “Alhuwalia”)
O The year in brackets (“1992”) is the year in which the case was brought before the court
O Some times cases will also refer to the DPP (Director of Public Prosecutions)-head of the CPS- e.g., R (on the application of Pretty) v DPP (2002)
Other branches of public law
O Constitutional law: deals with the workings of the central government and the laws set down by it
O Administrative law: governs how the local government and public bodies operate
Private LawO Concerned with disputes between individuals
(including companies and organisations)
O Does not involve an action involving the state
O Also referred to as the “civil law”
Private (Civil) LawO Examples of private (civil) law cases:
Law of Torts Contract Law Family Law Employment Law Company Law
O The private (civil) law upholds the rights and freedoms of individuals
Citation of Private (Civil)Law cases
O Most private (civil) cases are cited as follows:
Donoghue v Stevenson (1932)
O The parties are identified by their surnames
O The party bringing the action is referred to as “the claimant” (formerly “the plaintiff”)
O The party defending the claim is referred to as “the defendant”
The Standard of ProofO This refers to the level or degree (“standard”) of
proof that is required to prove any factual issue
O The standard of proof is the test that needs to be satisfied to find the defendant guilty of the offence/s for which s/he stands charged
O The “burden of proof” relates to the party who is responsible for proving that the defendant is guilty
O Both the standard of proof and the burden of proof is different in the criminal law and the private (civil) law
Criminal LawO Burden of proof………rests on the prosecution
O Standard of proof……. “beyond reasonable doubt”
O Basically means that in reaching its verdict, the judge/jury should not have any reasonable doubts as to whether the defendant is guilty of the offence for which s/he stands charged
O Case study: Amanda Knox
Private (Civil) LawO Burden of proof…….rests on the claimant
O Standard of proof…. “on the balance of probabilities”
O This basically means that the judge has to be satisfied that the defendant is most probably (likely in light of the evidence) responsible for his actions
In which branch of law is the standard of proof much higher and why?
Other differences between the Criminal Public Law and
Private (Civil) LawO The following table sets out the other
differences between the two branches of law
O This table has been taken from “GCSE Law”, J.Martin, 5th Edition, Page 5.
Criminal Public Law Civil Private law
Purpose of the law To maintain law and orderTo protect societyTo punish offenders
To uphold individual’s rightsTo compensate the individual
Purpose of the trial To decide if the defendant if guilty
To decide if there is a breach of rights
Legal name for person starting case
Prosecutor Claimant
Courts used to hear cases
Magistrates’ Court OR Crown Court
County Court OR High Court
Person/persons making the decision
Magistrates OR Jury JudgeVery rarely a jury
Standard of proof Beyond reasonable doubt
On the balance of probabilities
Decision The defendant is found guilty or not guilty
The claimant wins or loses casesThe defendant may be liable to pay compensation
Powers of the court Prison, fine, discharge, community order
Award of damages (money), injunction
Name of the case R v SmithDPP V Smith
Jones v SmithXYZ Company Ltd v Smith
Double Liability
O It is possible for a defendant to have committed both a criminal offence and a civil offence
O This is known as double liability and the defendant can be prosecuted in the criminal courts and also be sued in the civil courts
Seminar Prep.O See Hand-out:O Jacqueline Martin, “GCSE Law”, 5th edition,
chapter 1- “Introducing Law”, pages 1-8
O Glanville Williams: Learning the Law, pages 2-3 (“Crimes and civil wrongs”), pages 16-18 (“Elementary legal terminology”) and page 20 (“Public and Private Law”)
O Preparatory Questions