英国法律制度简介一学科介绍课程讲述.pptVIP

The Introduction to the UK Legal System;Characteristics of English Law (2);Characteristics of English Law (3);Common law;Common law legal system is based on precedents different from civil law jurisdiction based on civil codes. It comprises rules developed by the common law courts in contrast to the rules developed by the courts of equity.;Equity;;Example; Solution to the problem: The disappointed litigants petitioned the King for extraordinary relief. The King, through his Chancellor set up Court of Chancery to deal with petitions. The commonly used equitable remedies are specific performance and injunction. The equitable rights and remedies are given only at the discretion of the court, whereas any common law right or remedy is given as of right.;;Case Report;;Case Citation—Criminal Case;Case Citation—Civil Case;Examples;Case study;Decision ;Reasoning ;Legal analysis;;;D. C. Builders v. Rees [1965] 3 All ER 837;The decision;Useful Websites;The main sources of modern UK law;As the major source of law, legislation exists in two forms: 1. Direct legislation, in the form of Acts of Parliament; Parliament has absolute legislative power through acts of Parliament to revise substantive rules of law, consolidate existing enactments, codify the law, implement treaties, and introduce social legislation.;;Case Law;Case Law;The binding element in precedent;Precedents which are not binding;Overruling must be contrasted with reversing. Overruling affects the rule of law upon which the overruled decision was based, but not the rights of the parties. A decision made twenty years previously by a lower court can overruled, effecting a retrospective change in the law, but the position of the original litigants is not affected. Reversing is where a decision of a lower court is overturned on appeal and will affect the parties to the case directly.;Precedents which can be distinguished: If the court is prepared to find a material difference in the facts of the case before it