Justice & the LawJustice & the Law

Law and orderLaw and order

in in

contemporary Britaincontemporary Britain

Definition of lawDefinition of law

Law can be defined as a set Law can be defined as a set of rules that govern the of rules that govern the actions of people in a actions of people in a community. These rules must community. These rules must be followed by citizens, and be followed by citizens, and violation of these rules may violation of these rules may give rise to a cause of action give rise to a cause of action in the courts.in the courts.

Legal systemsLegal systems

Roman Law Legal System---- Roman Law Legal System----

judicial judicial

proceeding: inquisitorial system proceeding: inquisitorial system

Common Law Legal System---- Common Law Legal System----

judicial judicial

proceeding: adversary systemproceeding: adversary system

The sources of English The sources of English lawlaw

Principal sources:Principal sources:

Legislation Legislation

(enacted law) (enacted law) Judicial PrecedentJudicial Precedent

Subsidiary Subsidiary sources:sources:

CustomCustom Books of Books of

AuthorityAuthority

Features of Features of the English the English

Law Law

The doctrine of The doctrine of

“Parliamentary Sovereignty” “Parliamentary Sovereignty”

The doctrine of The doctrine of

Binding Precedent Binding Precedent

One kind of classifications One kind of classifications of lawof law

Common LawCommon Law

remedy for remedy for

breach of breach of

contract: contract:

damagesdamages

Equity LawEquity Law

remedy remedy

for breach of for breach of

contract: contract:

specific specific

performanceperformance

Basic principles of Basic principles of English lawEnglish law

Rule of lawRule of law

natural lawnatural law

natural justicenatural justice

LawyerLawyer

Definition:Definition: A lawyer (also called attorney, A lawyer (also called attorney, counsel, counselor, barrister, or solicitor) is a counsel, counselor, barrister, or solicitor) is a licensed professional who advises and licensed professional who advises and represents others in legal matters.represents others in legal matters.

Two main duties of a lawyerTwo main duties of a lawyer A: to uphold the law A: to uphold the law B: to protect a B: to protect a client’s rightsclient’s rights

Branches of lawyers in Branches of lawyers in BritainBritain

Barrister:Barrister: a “trial” a “trial” lawyer, whose lawyer, whose principal work lies principal work lies in advising solicitors in advising solicitors about particular about particular branches of law branches of law and in the oral and in the oral presentation of presentation of cases in courtcases in court

Solicitor:Solicitor: a a “consultant” “consultant” lawyer, who has a lawyer, who has a more general more general knowledge of law knowledge of law and deals directly and deals directly with the client and with the client and instructs the instructs the barrister.barrister.