Seminar “English law”

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-  Hello!

I will go to seminar called “English law”, but I don’t now much information about it!

-  No problem! Ask a question, I will answer.

What are the main sources of English Law?

-  The main sources of English Law are Common Law, Statute Law, Equity and Custom.

What is Common Law?

-  Common Law is unwritten law or case law. When a judge decides a case he not only gives judgement but lays down a legal principle which other judges are bound to follow.

Why English law is named “judge – made” law?

-   When a judge applies an earlier precedent to a case, his decision is a declaratory precedent. If a case is unlike any previous case a judge’s decision is an original precedent.

What is a main historic function of a common law judge?

-  A main historic function of a common law judge is to resolve disputes by applying existing law (statutes, prior decisions).

What is the main source of law?

-  Statute law is at the present time the main source of law.

What it includes and how it can be used?

-  It includes Acts of Parliament and delegated legislation. Statute law can be used to abolish Common law rules which have outlived or to amend Common law to cope with the changing circumstances and values of society.

What special has Equity?

-  Equity is a system of law originating in the English Chancery. It supplements Common and Statute law. Decision in it is based on moral rights and natural justice.

How it has been formed?

-   The Chancellor and later the justices of the chancery court applied their own “sense of justice” and “conscience” to the facts in the petitions and issued their decrees accordingly.

What are maxims in Equity?

-  Over the centuries, equity courts developed maxims to assist the judge. Some of the typical maxims of equity are:

*He who seeks equity must do equity

*Equity regards the substance rather than the form

What is the main importance of the Equity?

-  Equity has actually become a system of case law protecting rights of individuals. It was intended to soften Common Law where too rigid.

What is the specific of the Custom?

-  Custom is the oldest source of law. It is many ways connected with Common law, but was and still is applicable only locally.

Is that all?

-  I’ll add that English law is linked with the history of England and Wales. There is no code of laws defining the rights and duties of citizens, but that does not mean that a citizen is without rights.

Oh, thank you. I sure that I’ll pas my seminar!

-  Not at all.

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