Lesson 2
1) Be ready to present a summary of Text 1 (Unit I) in class – you should have a plan of a summary in written form and be ready to show it on request (do not send it to me);
Plan:
1. The word source and it’s meaning
2. Different types of sources
3. Case law
4. Statute
5. Delegated legislation
6. Legislation of the European Community
7. Customs, equity and obligations relating to international treaties.
8. History of common law
- Before the Norman Conquest
- When William the Conqueror gained the English throne in 1066
- The principle of stare decisis
9. Result- common law
10. A hierarchy of precedents
11. 2 basic tasks in deciding a case
12. Composition of the decision of case
- Ratio decidendi- binding precedent
- Obiter dicta- persuasive precedent
Summary
The word source primarily describes the means by which the law comes into existence.
English law stems from 7 main sources, divided into 2 groups:
1. Major sources of law
- Case law- a mass of judge-made decisions which lays down rules to be followed in future cases. It is the basic of English law today.
- Statutes- Acts of Parliament- the source of most major changes in the law.
- Delegated legislation is a related source, laying down detailed rules made to implement the broader provisions of statutes.
- Before Brexit an increasingly important source of law was the legislation of the European Community, which was the only type of law that could take precedence over statutes in the UK and was increasingly influencing the decisions of the courts in interpreting statutes. But now it has no legal effect.
2. Minor sources of law
- Customs, equity, and obligations relating to international treaties.
Before the Norman conquest, different areas of England were governed by by different system of laws. Each land was based largely on local customs, they varied from place to place. The king had a little control over the whole country.
When William the Conqueror gained the English throne in 1066, he established a strong central government and started to standardize the law. He sent out “Itinerant judges” to check local administration. When the returned to Westminster, they discussed local customs and started to form a consistent body of rules. During this process the principle of stare decisis grew up. The decision formed a rule to be followed in all similar cases.
The result of all this was that by about 1250, a “common law” had been produced, that ruled the whole country.
The principles behind this “common law” are still used today in creating case law. From the basic idea of stare decisis, a hierarchy of precedent grew up. A judge must follow decisions made in courts which are higher.
Case law comes from decisions made by judges in the case before them. In deciding a case, there are 2 basic tasks: (1) establishing what the facts are (2) how the law applies to those facts- it can make case law.
The explanation of the legal principles on which the decision is made is called the ratio decidendi – Latin for the 'reason for deciding'. It is this part of the judgment, known as binding precedent, which forms case law. All the parts of the judgment which do not form part of the ratio decidendi of the case are called obiter dicta – which is Latin for 'things said by the way'. It is persuasive precedent.
2) Learn legal terms from your table with definitions (I will ask each student 2-3 terms);
case law |
the body of law set out in judicial decisions, as distinct from "statute law"
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statute (стЭтщют)
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a document that sets out legal rules and has been passed by both Houses of Parliament in the form of a Bill and agreed to by the crown |
delegated legislation |
A rule or order, having legal force, usually issued by an administrative agency. |
provision |
A clause in a statute, contract, or other legal instrument. |
custom |
A practise that has been followed in a particular locality in such circumstances that it is ti ba accepted as part of the law of that locality. |
equity |
A body of law that grew up under the control of the royal official known as the Chancellor. By his position, the Chancellor was able to mitigate the sometimes harsh consequences of applying strict rules of law. Today equity is that part of common law that enables the courts to exercise discretion in granting and withholding remedies where the good faith and conscience of the parties’ behavior towards one another is a relevant issue. |
obligation |
A formal, binding agreement or acknowledgement of a liability to pay a certain amount or to do a certain thing for a particular person or set of persons. |
adjudicate |
To rule upon judicially. |
itinerant justices |
Judges travelling on a circuit for the purpose of holding court. |
binding precedent |
Binding – requiring obedience. Precedent – a decided case that furnishes a basis for determining later cases involving similar facts or issues.
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persuasive precedent рекомендательный прецедент мотивировочная часть судебного решения. |
Precedent – a decided case that furnishes a basis for determining later cases involving similar facts or issues. |
3) Watch the video, highlighting the main points: https://www.youtube.com/watch?v=3qWC11ldjYs
Make a list of 3-5 questions on the video (they shouldn't be yes/no questions);
What did Normans want to do when they came to the island?
the Normans wanted to standardize the laws and they developed the body of judge
Where were clerics from?
from within the Roman Catholic Church
Why were the laws of England around that time heavily influenced by Christianity ?
because these were Roman Catholic clerics
Who did establish th King'’s Court?
Henry 2
Who is ambulant judges?
they would go to these different manners they resolve disputes and then they returned to the king's court with records of the disputes that they resolved right then they have a conversation with all the other judges and they try to harmonize standardize the rules.
4) Unit I Text 2 – read, translate, be ready to discuss the text, learn active vocabulary;
5) Find all meanings of the word "settlement" and be able to explain which of the meanings is realised in the text.
6) (Written task) Provide the translation of Active vocabulary from the text:
ensure the independence of the judiciary- обеспечить независимость судебной власти
the Act of Settlement 1700- Акт о престолонаследии 1700
sack judges-уволить судью
uninfluenced by political or career considerations-не подверженный влиянию политических или карьерных соображений
introduce the declaratory theory of law-внедряйте декларативную теорию права -
discover and declare the law-открывайте и декларируйте закон
determine according to the known laws and customs of the land-определять в соответствии с известными законами и обычаями страны
private sentiment/judgment- частное мнение/суждение
maintain and expound the old law- поддерживать и разъяснять старый закон
look up the relevant case law-ознакомьтесь с соответствующим прецедентным правом- найти подходящий прецедент
to bring a case- возбудить дело
impartiality-беспристрастность
favour a party-в пользу стороны
take sides on political issues-принимать чью-либо сторону в политических вопросах
public opinion-общественное мнение
play safe- перестраховаться
preponderance of existing authority-преобладание существующей власти
have regard to common sense-учитывать здравый смысл
legal principle-правовой принцип
public policy-государственная политика
To overturn landmark- cancel historic event- отмена прецедента
To legalize the procedureу nationwide-
Cruel ruling- Tuff law
Outrageous- Shocking situation
Heart-wrenching- heart-breaking
The ballet- paper with votes
Faithfull decision- decision influence on your life
Impose restrictions-when you have some restriction and you want to restrict it (prohibit)