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Introduction to Law # 2

Review

(Categories and Sources of Law)

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Case BriefVauxhall Estates

Title: Vauxhall Estates v. Liverpool Corporation(1932)

Facts: In 1928, the UK Ministry of Health made a

plan for street improvements. As part of the plan, thegovernment required some landowners to sell theirproperty to the government. The government wouldbe required to pay the landowners for the property.

Issue: Whether the 1925 Act or the 1919 Act appliesfor the purposes of determining how much moneysellers receive.

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Decision: The 1925 Act impliedly repeals the1919 Act.

Reasoning: The 1919 Act is inconsistent with

the later passed 1925 Act. Analysis: This is an important case because it

shows that laws more recently passed by

Parliament may repeal earlier laws if they areinconsistent. That means that Parliamentdoesnt have to expressly repeal a law in orderfor it to no longer be valid.

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Review Objectives

What is law?

Categories of law

Sources of Law

Brief Comparisons

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What is Law?

Law provides rules

It tells us what we can and cannot do

This is true in our personal lives (eg criminallaw)

And in our business lives (eg contract law)

Therefore, it is important for a businesspersonto know the rules which apply to them

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However, law is more than just rules

Societies require order to allow people to live

and deal with each other

Law is a means of creating and maintaining

social order

It does this by helping to deal with argumentsand conflicts

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Different countries have different forms of law

and social order

In this module, we shall be looking at some

basic legal principles

However, many of these principles can be

found in other legal systems

even if the details are different

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Categories of Law

Law is a very large field, and it is common to

divide it into categories

common law and civil law

common law and statute law

private law and public law

civil law and criminal law

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Common law & Civil law

A legal system is the way the law is structured

and operated in a country

Common Law and Civil Law are terms used

to describe legal systems

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Common Law

Common Law is used to describe legal

systems based on the English legal system

These are usually countries which were once

part of the British Empire

eg: America, Australia, New Zealand

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Civil Law

Civil Law is used to describe legal systems

which are based on old Roman Law (from the

Roman Empire in what is now Italy)

eg: France, Germany

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Common Law v. Civil Law

Common Law

Case law and the courts

are most important

source of law

Civil Law

Consists of a legal code

of general principles

which is the source of

law

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Common Law and Statute Law

Common Law is the law and procedures

created by courts (ie judges)

Statute Law is legislation created by the

government

in England, this is Parliament at Westminster

eg Sale of Goods Act 1979

eg Employment Relations Act 1999

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Common Law v. Statute Law

Since the early 20th century, most English Law

has been created (enacted) by statute

Acts of Parliament

However, the courts still have an important

role to play in deciding on the effect of statutes

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Private law & Public law

Private Law and Public Law are concernedwith relationships

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Private Law

Private Law deals with the relationships

between ordinary people in everyday

transactions

That includes you and me, as well as

businesses and companies

Private Law includes the law of contract and

the law of tort

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Public Law

Public Law deals with the relationships

between government organisations and

ordinary citizens

also between different government organisations

Public Law includes constitutional law,

administrative law, and criminal law

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Civil Law & Criminal law

In this category, civil law has a different

meaning from the Common Law and Civil Law

category

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Civil Law

In this category, civil law deals with the

relationships between individual citizens

Its purpose is to settle arguments between

individuals

It helps people to find remedies

it doesnt really punish people

Civil Law includes all Private Law and some

Public Law

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Criminal Law

Criminal Law deals with rules created by the

State which forbid certain behaviour

These are crimes

Criminal Law punishes people

it does not provide remedies

Criminal Law is usually what people think ofwhen they think about The Law

Criminal Law is part of Public Law

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Criminal Law & Civil Law

A very important difference between criminallaw and civil law relates to court cases

In a criminal case, the prosecutors (ie the

State) must prove their case beyondreasonable doubt

In a civil case, the parties only have to prove

their case on the balance of probabilities

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Each piece of legislation is an Act of

Parliament

They are recorded in statute books which

anyone can refer to

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cases are recorded in books called law reports

Lawyers refer to these when

they advise their clients

they are arguing their clients case in court

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China

The Chinese legal system has similar

characteristics to a civil law system

This is partly because in Chinese history

written laws and codes were important

as far back as the Qin Dynasty

Also partly due to European influences on

China in the 19th and 20th centuries

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The Chinese legal system is distinct from other

legal systems, but its structure is similar to

civil systems like France and Germany

Chinese legal experts view legislation as more

important than case law

In fact, case law is not considered to be a

source of law in China

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Sources of law in PRC

Statutes made by the National Peoples Congresshave the highest authority

constitutional laws, civil codes, and criminal codes Administrative regulations by the State Council

cannot be in conflict with statutes.

Cases are not considered official sources of law,

though decisions of the Supreme People's Court areused as a guideline by lower courts when the law isunclear.

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Categories of law (cont.)

Common Law and Statute Law

common law comes from decisions of the courts

statute law comes from legislation made by thegovernment

Private Law and Public Law

private law concerns individuals

public law concerns institutions of state

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Categories of law (cont.)

Civil Law and Criminal Law

civil law deals with relationships between individuals

criminal law deals with forbidden behaviour Sources of English Law

European Union

Domestic Legislation

Case Law