This document outlines the reading list and seminar questions for the first seminar of a Foundation Law course on the introduction to law. The learning outcomes are to understand the different classifications of law and the differences between public law and private (civil) law. Specifically, the differences between criminal public law and private (civil) law, and the different standards of proof. Seminar questions cover the purposes of law, key roles in the criminal justice system such as defendant and victim, the function of the Crown Prosecution Service, appropriate courts for criminal and civil matters, and examples of cases from different legal branches.
1. Foundation Law 2013/14
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Seminar 1
Introduction to Law
Reading List:
Jacqueline Martin, “GCSE Law”, 5th
edition, chapter 1- “Introducing Law”, pages 1-8
Glanville Williams: Learning the Law, 15th
edition, pages 3-4 (“Crimes and civil
wrongs”), pages 17-18 (“Elementary legal terminology”) and pages 20-21 (“Public and
Private Law”)
Seminar Questions:
1. What purposes does the law serve in society?
2. In criminal law, even though the crime is often committed against the victim or his
property, why is it that the action (“criminal proceedings”) is brought against the
defendant by the prosecution and not directly by the victim?
3. Who in the criminal law is referred to as a) the “defendant” and b) the “victim”?
4. What does “CPS” stand for, who does it represent and what is its function?
5. Which courts will hear a criminal matter?
6. Which courts will hear a private (civil) law matter and who will bring the action against
the defendant?
Turn Over
Learning Outcomes:
Understand the different classifications of law;
Show awareness of why the law is needed in society;
Explain the difference between a law and a rule, and what makes a law enforceable;
To be able to explain the difference between the public law and private (civil) law;
Outline the differences between the criminal public law and private (civil) law and particularly the
different levels or “standard of proof”; and
Understand what is meant by double liability.
2. Foundation Law 2013/14
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7. Identify which branch of law the following cases fall under:
Zekevic v DPP (1987)
D v East Berkshire Community Health NHS Trust (2003)
Donoghue v Stevenson (1932)
Hedley Byrne & Co Ltd v Heller & Partners Ltd (1964)
R v Ahluwalia (1992)
Commission v UK (Case 300/95) (1997)
CPS v P (2007)
8. Dexter, who is driving his car at a very high speed and crosses a red light, has a collision
with Chris’s car. As a result of the collision Chris, who is a dance teacher, suffers from
various injuries including injuries to his legs, neck and back. His car is also severely
damaged and Chris is unable to work for 2 months.
Chris can sue Dexter for loss of income and injuries (“damages”) under the law of torts,
as Dexter was driving recklessly- this particular problem falls under the tort of
negligence, which we will be studying in term 2.
a. What branch of law does the law of torts fall under and why?
b. Identify the defendant and the claimant in this question.
c. If the matter proceeds to a hearing, which court will hear the matter?
d. What other charges can be brought against Dexter and who will bring these charges
against him?