01 The basic differences between English and other legal systems

01 The basic differences between English and other legal systems

1. Criminal Law

   • A crime is regarded as an offence against the laws of an ordered society as a whole, and the state, on behalf of society, takes action to punish the offender(s). It is because the state takes action here, not particular individuals, that criminal law falls within the body of law known as Public Law. The purpose of criminal law is to set rules to govern behaviour in society enabling people to live together harmoniously, by outlawing certain kinds of behaviour, such as murder, various forms of violence against individuals, theft, fraud, etc. Transgressors are punished both as a form of retribution and to deter others from similar acts. This was one of the reasons that punishments in the past were often carried out in public, for example, public hangings as punishment for murder.

2. Civil Law

   • The purpose of civil law is to enable disagreements between citizens to be resolved in a peaceful manner. It works in a way that complements criminal law, but defines the rights and duties of citizens between themselves, rather than between the state and citizens. Because in civil law actions are between private individuals or bodies, civil law falls within the body of law known as Private Law. In civil law, if an individual breaches another’s rights, the wronged person can claim compensation from the wrongdoer, which is referred to as damages and usually takes the form of a monetary award. Thus civil law also regulates behaviour in society, although in a different way from criminal law. If people know that they may be called upon to pay in some way for a breach of another’s rights, then they may think carefully before acting in such a way.

3. Process

   • Examine the facts
   • What are the relevant facts
   • What are irrelevant facts
   • Identify the relevant law and apply to the facts
   • Drawing conclusions

4. Sources of English Law

   • custom and common law
     • a practice that has been followed for a long time - normally needs to of reasonable nature
   • equity
     • Developed for non monetary remedies such as injunctions
   • English legislation of various kinds
     • Acts of Parliament
       • Formal laws - made enforceable by law of the land
       • Delegated legislation (Parliament delegate parts to other bodies)
     • Finance Laws
   • European law
     • EU Laws - i.e VAT
   • Other Sources

5. Different Legal Systems

   • Common Law
     • Cases that create precedents
   • Civil Law
     • written rules
   • Customary Law
     • Address culture or cultural aspects
   • Religious Law
     • Religious Beliefs
   • International Law
     • regulates between sovereign states

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