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Unlocking The English Legal System

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Unlocking the Law is a completely new series of textbooks with a unique approach to undergraduate study of law. From its conception, the series has been designed specifically so that the subject matter is readable - students are not overwhelmed with page after page of continuous prose. The text of each title is broken up with features and activities that have been written to ensure that students are pointed in the right direction when it comes to understanding the purpose of different areas within the course. ...

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Unlocking the English Legal System, Fourth Edition

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Overview

Unlocking the Law is a completely new series of textbooks with a unique approach to undergraduate study of law. From its conception, the series has been designed specifically so that the subject matter is readable - students are not overwhelmed with page after page of continuous prose. The text of each title is broken up with features and activities that have been written to ensure that students are pointed in the right direction when it comes to understanding the purpose of different areas within the course. Ultimately the accessible style of Unlocking the Law will ensure that students not only understand fully the concepts required but are able to apply them with competence.

All titles in the series follow the same format and include the same features so that students can move easily from one law subject to another. The series covers all the core subjects required by the Bar Council and the Law Society for entry onto professional qualifications and will expand to include more titles on option areas.

Key features

- Numerous headings and sub-headings to direct students easily to the specific area of study required

- Cases separated from the main text with full citation for easy access

- Key extracts from judgments seperated out from the main text

- Highlighted key extracts from academic sources such as leading texts or articles in legal journals with full citation

- Summary charts of key facts

- Diagrams, flow charts and other key visual aids

- Activities including practice of specific undergraduate skills and learning tasks

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Product Details

  • ISBN-13: 9780340886939
  • Publisher: Taylor & Francis
  • Publication date: 5/27/2005
  • Series: Unlocking the Law Series
  • Pages: 480
  • Product dimensions: 0.75 (w) x 0.97 (h) x 2.00 (d)

Meet the Author

Authors:

Rebecca Huxley-Binns LLB is a Lecturer in Law at Nottingham Law School. She has taught law at all levels and is an experienced author.

Jacqueline Martin LLM has ten years' experience as a practising barrister and has taught law at all levels. She is an experienced author among whose titles is Unlocking Criminal Law.

Series editors:

Jacqueline Martin LLM has ten years' experience as a practising barrister and has taught law at all levels. She is an experienced author among whose titles is Unlocking Criminal Law.

Chris Turner LLM is a qualified barrister and a Senior Lecturer in Law at Wolverhampton University. He has taught law at all levels and is an experienced author whose previous titles include Unlocking Contract Law and Unlocking Torts.

Jacqueline Martin and Chris Turner are series editors of the Key Facts series, published by Hodder Arnold.

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Table of Contents

CHAPTER 1 THE SOURCES OF LAW
1.1 The English Legal System
1.2 The Sources of Law
1.3 The Courts
1.4 The Common Law
1.4.1 PROBLEMS OF THE COMMON LAW
1.4.2 DEVELOPMENT OF EQUITY
1.5 Parliament
1.5.1 LEGISLATION
1.5.2 THE ENACTMENT PROCESS
1.6 Delegated Legislation
1.6.1 STATUTORY INSTRUMENTS
1.6.2 BYELAWS
1.6.3 ORDERS OF THE LEGISLATIVE COMMITTEE OF THE PRIVY COUNCIL
1.6.4 PARLIAMENTARY CONTROL OF SECONDARY LEGISLATION
1.6.5 JUDICIAL CONTROL OF SECONDARY LEGISLATION
1.7 The European Union
1.7.1 A BRIEF HISTORY OF THE EUROPEAN COMMUNITY
1.7.2 UK MEMBERSHIP OF THE EC
1.7.3 THE ROLE OF THE EUROPEAN COURT OF JUSTICE
1.7.4 EFFECT ON PARLIAMENTARY SOVEREIGNTY
1.8 European Convention on Human Rights
1.8.1 THE HUMAN RIGHTS ACT 1998
1.9 Law Reform
1.9.1 JUDGES
1.9.2 PARLIAMENT
1.9.3 THE LAW REFORM AGENCIES
1.9.4 ROYAL COMMISSIONS
1.9.5 ACADEMICS
1.9.6 PRESSURE GROUPS
1.9.7 MEDIA PRESSURE
1.9.8 EUROPE
CHAPTER 2 THE DOCTRINE OF JUDICIAL PRECEDENT
2.1 What is the Doctrine Of Precedent?
2.2 How does the Doctrine of Precedent Operate?
2.2.1 THE COURT HIERARCHY
2.2.2 RATIO DECIDENDI AND OBITER DICTA
2.2.3 PERSUASIVE PRECEDENT
2.3 The Doctrine as Applied in Individual Courts
2.3.1 THE HOUSE OF LORDS
2.3.2 THE COURT OF APPEAL (CIVIL DIVISION)
2.3.3 THE COURT OF APPEAL (CRIMINAL DIVISION)
2.3.4 THE DIVISIONAL COURTS OF THE HIGH COURT
2.3.5 THE HIGH COURT
2.3.6 THE CROWN COURT
2.3.7 COUNTY COURTS AND MAGISTRATES' COURTS
2.3.8 OTHER COURTS
2.4 The Human Rights Act 1998
2.5 The Declaratory Theory
2.6 Avoiding Precedents
2.6.1 DISTINGUISHING
2.6.2 REVERSING
2.6.3 OVERRULING
2.7 Pros and Cons of Precedent
Chapter 3 Statutory interpretation
3.1 Introduction
3.1.1 The need for statutory interpretation
3.1.2 Applying the law
3.1.3 Judicial law-making
3.1.4 Interpretation or construction?
3.1.5 Parliamentary definitions
3.2 The three 'rules'
3.2.1 The Literal Rule
3.2.2 The Golden Rule
3.2.3 The Mischief Rule
3.3 The purposive approach
3.3.1 European influence
3.4 Literal approach versus purposive approach
3.5 Rules of language
3.5.1 The ejusdem generis rule
3.5.2 Expressio unius exclusio alterius
3.5.3 Noscitur a socciis
3.6 Presumptions
3.7 Intrinsic and extrinsic aids
3.7.1 Intrinsic aids
3.7.2 Extrinsic aids
3.7.3 The use of Hansard
3.7.4 Law Reform Reports
3.7.5 International conventions
3.8 The effect of the Human Rights Act 1998
Chapter 4 Civil courts and procedure
4.1 Introduction to the courts system
4.1.1 Civil and criminal cases
4.1.2 Superior courts and inferior courts
4.1.3 Appellate courts and trial courts
4.1.4 Courts and tribunals
4.2 Civil courts of trial
4.2.1 Queens Bench Division
4.2.2 Chancery Division
4.2.3 Family Division
4.2.4 County Court
4.2.5 Small claims
4.2.6 The track system
4.2.7 Transfer of cases between the County Court and the High Co

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