Legal foundations

LEGAL FOUNDATIONS

David HughesCL 1.75d.hughes@tees.ac.ukTel: 01642738160

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LEGAL FOUNDATIONS: AIMS

1. Providing you with an understanding and overview of the English Legal System

2. Introducing you to the skills of finding and reading legal materials and tackling law questions

3. Helping you to understand the techniques of legal reasoning

4. Introducing you to some of the key skills of lawyers and the operation of the legal system

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COURSE STRUCTURE

19 lectures and 18 x 1 hour tutorials Introduction to law Sources of Law (Domestic) Sources of Law (European) Introduction to legal research Introduction to legal theory

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COURSE STRUCTURE

Sources of Law (Domestic and European) Judicial Precedent Statutory Interpretation The Trial The Judiciary The Jury

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TRY AND PREPARE FOR TUTORIALS

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ASSESSMENT

Assessment is in two parts: A portfolio of in course assessments

(ICA) which comprises 50% of overall module grade;

An end of course assessment which comprises 50% of overall module grade.

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READING

Darbyshire, P. (2008) Darbyshire on the English Legal System 9th Edition Sweet & Maxwell

Harris, P (2007) An Introduction to Law 7th Edition Cambridge University Press

Ward R, Ahktar, A. (2008) Walker & Walkers English Legal System 10th Edition Oxford University Press

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WEEK ONE

INTRODUCTION TO LAW

Legal Foundations (Law 1003-N)

Legal Method (Law 1002-N)

Legal Method B (Law 3003-N)

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LEARNING OUTCOME

Distinguish between law and other social rules and conventions

Explain the difference between public and private law

Distinguish between civil law and criminal law

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WHAT IS LAW?

System of rules Lays down standards to which we ought to

conform Legal rule, moral rule and social convention Difference is: Failure to adhere to legal rules

may result in a penalty Law is never static it is always changing.

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PRIVATE OR PUBLIC LAW?

Public Law Areas of law that involves matters related to

the state: Constitutional law: e.g. role and power of the

institutions within the state Administrative law: e.g. regulates public

authorities, accountability of public authorities Criminal law: state responsible for prosecution

and justice

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EXAMPLES

Government ministers decision on the expansion of a motorway.

Local authority planning permission powers Government ministers powers

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PRIVATE OR PUBLIC LAW

Private Law: law that affects matters between individuals (whether people, groups of people or companies) Contract Family Tort Property

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PRIVATE LAW

Rights and duties of individuals

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CIVIL OR CRIMINAL LAW

Civil law: focus on compensating/ protecting the victim

Regulates rights, duties and liabilities between individuals. Eg.

Contract Family Property

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CIVIL AND CRIMINAL LAW

Criminal: Concerns duties which individuals owe to the

state. Usually leads to punishment

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DIFFERENCES

Remedies: right the wrong

Burden of proof: party asserting the matter

Balance of probability

Parties: Smith v Jones

Penalty: punish the offender

Burden of proof: lies with the prosecution

Beyond reasonable doubt

Parties: R v Smith

Civil Criminal

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NEXT WEEK

LECTURE: Sources of law (Domestic) Acts of Parliament TUTORIAL: Categories and classification of law FINALLY TUTORIAL GROUPS ARE YOU IN ONE?

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