This document provides an overview of how law is developed and applied in the UK. It discusses that laws originate from unspoken social rules and customs that developed over generations. These became codified into common law through judicial precedent, where higher courts establish binding precedents that lower courts must follow. Legislation has now become the primary source of law in the UK. The key concepts covered include:
- Laws originate from social customs and norms
- A state is a community with a defined territory governed by a government
- Common law is developed through judicial precedent, where courts follow previous rulings on similar cases
- Legislation and statutes now supersede common law where conflicts arise
Where does a judge find the rules? The judicial imagination is not sufficient authority, even though some judicial decisions seem to suggest otherwise. There are several sources of the law, the primary ones being the Constitution, legislation, and prior judicial decisions. This last is the subject matter of this session.
In the past two decades, the legal profession has expended great effort to define and refine the principles governing the ethical conduct of attorneys and judges. Sanctions for an attorney violating ethics rules can be private (letter of warning, private reprimand, admonition) or public (public reprimand, probation, suspension, disbarment). More than any other profession, the legal profession has embarked on a campaign to identify and police unethical conduct and fulfill its primary duty of serving the public and the legal system.
This short information session will cover the fundamentals of legal ethics.
PRECEDENTS AS A SOURCE OF LAW
DIFFERENT DEFINITION OF PRECEDENTS
ARTICLE 141 OF THE CONSTITUTION OF INDIA
HIERARCHY OF COURTS IN INDIA THE APEX COURT AT THE TOP AND OTHER COURTS AS SUBORDINATE COURTS
NATURE AND CHARACTERISTICS OF PRECEDENTS
DIFFERENT KINDS OF PRECEDENTS
DOCTRINE OF STARE DECISIS
DECISION SUB SILENTIO
DOCTRINE OF PROSPECTIVE OVERRULING RATIO DECIDENI OF A CASE OBITER DICTUM OF THE CASE
MERITS OF PRECEDENTS
DEMERITS OF PRECEDENTS
EDLD804 Constitutional Law Chapter 1 PresentationPaul Gruhn
As a part of the EDLD808 Law in Education course at University of Bridgeport, each student was required to present on a chapter in Alexander, Kern, & Alexander (2011) Educational Law textbook. I did chapter one. This is the presentation,
Where does a judge find the rules? The judicial imagination is not sufficient authority, even though some judicial decisions seem to suggest otherwise. There are several sources of the law, the primary ones being the Constitution, legislation, and prior judicial decisions. This last is the subject matter of this session.
In the past two decades, the legal profession has expended great effort to define and refine the principles governing the ethical conduct of attorneys and judges. Sanctions for an attorney violating ethics rules can be private (letter of warning, private reprimand, admonition) or public (public reprimand, probation, suspension, disbarment). More than any other profession, the legal profession has embarked on a campaign to identify and police unethical conduct and fulfill its primary duty of serving the public and the legal system.
This short information session will cover the fundamentals of legal ethics.
PRECEDENTS AS A SOURCE OF LAW
DIFFERENT DEFINITION OF PRECEDENTS
ARTICLE 141 OF THE CONSTITUTION OF INDIA
HIERARCHY OF COURTS IN INDIA THE APEX COURT AT THE TOP AND OTHER COURTS AS SUBORDINATE COURTS
NATURE AND CHARACTERISTICS OF PRECEDENTS
DIFFERENT KINDS OF PRECEDENTS
DOCTRINE OF STARE DECISIS
DECISION SUB SILENTIO
DOCTRINE OF PROSPECTIVE OVERRULING RATIO DECIDENI OF A CASE OBITER DICTUM OF THE CASE
MERITS OF PRECEDENTS
DEMERITS OF PRECEDENTS
EDLD804 Constitutional Law Chapter 1 PresentationPaul Gruhn
As a part of the EDLD808 Law in Education course at University of Bridgeport, each student was required to present on a chapter in Alexander, Kern, & Alexander (2011) Educational Law textbook. I did chapter one. This is the presentation,
Honest Reviews of Tim Han LMA Course Program.pptxtimhan337
Personal development courses are widely available today, with each one promising life-changing outcomes. Tim Han’s Life Mastery Achievers (LMA) Course has drawn a lot of interest. In addition to offering my frank assessment of Success Insider’s LMA Course, this piece examines the course’s effects via a variety of Tim Han LMA course reviews and Success Insider comments.
June 3, 2024 Anti-Semitism Letter Sent to MIT President Kornbluth and MIT Cor...Levi Shapiro
Letter from the Congress of the United States regarding Anti-Semitism sent June 3rd to MIT President Sally Kornbluth, MIT Corp Chair, Mark Gorenberg
Dear Dr. Kornbluth and Mr. Gorenberg,
The US House of Representatives is deeply concerned by ongoing and pervasive acts of antisemitic
harassment and intimidation at the Massachusetts Institute of Technology (MIT). Failing to act decisively to ensure a safe learning environment for all students would be a grave dereliction of your responsibilities as President of MIT and Chair of the MIT Corporation.
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unwillingness to rectify this violation through action requires accountability.
Postsecondary education is a unique opportunity for students to learn and have their ideas and beliefs challenged. However, universities receiving hundreds of millions of federal funds annually have denied
students that opportunity and have been hijacked to become venues for the promotion of terrorism, antisemitic harassment and intimidation, unlawful encampments, and in some cases, assaults and riots.
The House of Representatives will not countenance the use of federal funds to indoctrinate students into hateful, antisemitic, anti-American supporters of terrorism. Investigations into campus antisemitism by the Committee on Education and the Workforce and the Committee on Ways and Means have been expanded into a Congress-wide probe across all relevant jurisdictions to address this national crisis. The undersigned Committees will conduct oversight into the use of federal funds at MIT and its learning environment under authorities granted to each Committee.
• The Committee on Education and the Workforce has been investigating your institution since December 7, 2023. The Committee has broad jurisdiction over postsecondary education, including its compliance with Title VI of the Civil Rights Act, campus safety concerns over disruptions to the learning environment, and the awarding of federal student aid under the Higher Education Act.
• The Committee on Oversight and Accountability is investigating the sources of funding and other support flowing to groups espousing pro-Hamas propaganda and engaged in antisemitic harassment and intimidation of students. The Committee on Oversight and Accountability is the principal oversight committee of the US House of Representatives and has broad authority to investigate “any matter” at “any time” under House Rule X.
• The Committee on Ways and Means has been investigating several universities since November 15, 2023, when the Committee held a hearing entitled From Ivory Towers to Dark Corners: Investigating the Nexus Between Antisemitism, Tax-Exempt Universities, and Terror Financing. The Committee followed the hearing with letters to those institutions on January 10, 202
Welcome to TechSoup New Member Orientation and Q&A (May 2024).pdfTechSoup
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The people of Punjab felt alienated from main stream due to denial of their just demands during a long democratic struggle since independence. As it happen all over the word, it led to militant struggle with great loss of lives of military, police and civilian personnel. Killing of Indira Gandhi and massacre of innocent Sikhs in Delhi and other India cities was also associated with this movement.
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Model Attribute Check Company Auto PropertyCeline George
In Odoo, the multi-company feature allows you to manage multiple companies within a single Odoo database instance. Each company can have its own configurations while still sharing common resources such as products, customers, and suppliers.
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Artificial Intelligence (AI) technologies such as Generative AI, Image Generators and Large Language Models have had a dramatic impact on teaching, learning and assessment over the past 18 months. The most immediate threat AI posed was to Academic Integrity with Higher Education Institutes (HEIs) focusing their efforts on combating the use of GenAI in assessment. Guidelines were developed for staff and students, policies put in place too. Innovative educators have forged paths in the use of Generative AI for teaching, learning and assessments leading to pockets of transformation springing up across HEIs, often with little or no top-down guidance, support or direction.
This Gasta posits a strategic approach to integrating AI into HEIs to prepare staff, students and the curriculum for an evolving world and workplace. We will highlight the advantages of working with these technologies beyond the realm of teaching, learning and assessment by considering prompt engineering skills, industry impact, curriculum changes, and the need for staff upskilling. In contrast, not engaging strategically with Generative AI poses risks, including falling behind peers, missed opportunities and failing to ensure our graduates remain employable. The rapid evolution of AI technologies necessitates a proactive and strategic approach if we are to remain relevant.
The French Revolution, which began in 1789, was a period of radical social and political upheaval in France. It marked the decline of absolute monarchies, the rise of secular and democratic republics, and the eventual rise of Napoleon Bonaparte. This revolutionary period is crucial in understanding the transition from feudalism to modernity in Europe.
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Synthetic fiber production is a fascinating and complex field that blends chemistry, engineering, and environmental science. By understanding these aspects, students can gain a comprehensive view of synthetic fiber production, its impact on society and the environment, and the potential for future innovations. Synthetic fibers play a crucial role in modern society, impacting various aspects of daily life, industry, and the environment. ynthetic fibers are integral to modern life, offering a range of benefits from cost-effectiveness and versatility to innovative applications and performance characteristics. While they pose environmental challenges, ongoing research and development aim to create more sustainable and eco-friendly alternatives. Understanding the importance of synthetic fibers helps in appreciating their role in the economy, industry, and daily life, while also emphasizing the need for sustainable practices and innovation.
Read| The latest issue of The Challenger is here! We are thrilled to announce that our school paper has qualified for the NATIONAL SCHOOLS PRESS CONFERENCE (NSPC) 2024. Thank you for your unwavering support and trust. Dive into the stories that made us stand out!
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1. 1
Learning Outcome 1
Marine Law
Lesson 2
HNC Nautical Science
Marine Law & Management
Recap
• What classes (systems) of law exist in the UK?
• Why do we require laws?
Aim
• To understand law and how it is made
2. 2
Objectives
By the end of the session the student will be
able to:
• Identify where law comes from
• Define what a state is
• Identify how law is made in England &
Wales
• Explain the concept of common law
• Explain the concept of precedent
Where do rules come from?
• Unspoken ways to behave that have been
accepted by people.
• Developed into moral obligations and passed
down through the generations.
• Absorbed into religion and organised societies.
• Made into law.
• Things can be morally wrong but not legally
wrong i.e. breaking a promise.
• There can be a legal interest in morality. See
example; Bland case
Bland Case
• Tony Bland: Injured at the Hillsborough
disaster and classed as brain dead. His family
wants the ventilator turned off. The Health
authority refuse as ‘dead’ in English Law is
when the heart stops beating.
• There can be a moral interest in legal
decisions.
• For example human rights, abortion,
3. 3
Rules about Rules
• Not everyone will like them.
• They have to be reasonable given the
circumstances (are they always?)
• There has to be a sense of obligation.
The State
• The ‘State’ in law is the equivalent of country
The definition of state?
• A ‘state’ must have an area of land under it's
domination and must be controlled by a
government having the ability to make those who
live within it's territory obey its decisions.
• A ‘state’ is a community or association of human
beings membership is compulsory.
• Anyone within the confines of the ‘state’ must
submit to the laws of the land or the state takes
action against him.
Justice
Justice is the concept of moral rightness based on
ethics, rationality, law, natural law, religion, fairness,
or equity, along with the punishment of the breach
of said ethics
• No one is above the law
• Everyone is equal before the law
• No one can judge his own case
• There is a right for both sides to be heard
4. 4
Rule and laws reflect the society in
which we live?
• Licensing laws
• Human rights
• Internet (tighter controls?)
Exercise
• If you could pass one law what would it be?
• What country would it apply to?
• How would you enforce it?
How laws are made
A rule must pass through the criteria of validity
in order to become a law.
Previous Rulings
New Legislation
Judicial Precedent
Custom
Law
5. 5
Custom
• Before the Norman conquest laws in England
were decided by general custom.
• Customs are accepted ways of doing things
which develop in a community over a period
of time.
• The French consolidated the system and
judges turned the custom into common law
using the principle of judicial precedent.
What does Custom have to do with the
picture below?
Judicial Precedent
• Refers to the way in which the law is made
and amended through the decisions of judges
• The doctrine of judicial precedent is based on
the principle of stare decisis, this means that
like cases should be treated alike.
• The general rule is that all courts are bound to
follow decisions made by courts higher than
themselves in the hierarchy and appellate
courts are usually bound by their own
previous decisions.
6. 6
Binding Precedent
A previous decision will be binding on the court if:
• The legal point involved in the case is the same as
the one in the previous decision
• The facts of the current case are similar to the
previous case (they do not have to be identical)
• The earlier decision was made by a court higher
in the hierarchy, or at the same level as the
current court (and it is bound by its own previous
decisions)
Ratio Decidendi & Obiter Dicta
A judgment by the court is split into three parts:
• the material facts
• the principle of law
• the decision of the court
Only the principles of law that are relevant to
the decision are the ratio decidendi of the
judgment. Any other statements of law that are
not relevant to the decision are obiter dicta.
Advantages Of Judicial Precedent
• Certainty - It creates certainty in the law and
means solicitors and barristers can advise their
clients on the probable outcome of their case.
• Fairness - Similar cases are treated in a similar
way, this is in the interests of justice and fairness.
• Time Saving - It saves court time as for most
situations there is already an existing solution.
• Law Development - it allows the law to develop
alongside society R v R (1991) - this case
overturned a centuries old legal principle that a
man could not rape his wife.
7. 7
Disadvantages of Judicial Precedent
• Rigidity - The system is too rigid and does not allow the law
to develop enough.
• Injustice - The strict rules of judicial precedent can create
injustice in individual cases
• Slow Development - The law is slow to develop under the
system of judicial precedent. The law cannot be changed
until a case on a particular point of law comes before one
of the higher appellate courts.
• Confusion - Hundreds of cases are reported each year,
making it hard to find the relevant precedent which should
be followed.
• Complexity - The law is too complex with thousands of fine
distinctions.
Legislation
Although the earliest UK legislation dates back
to AD 600 the first big outbreak of legislation
came in the reign of Henry II ( often called Henry
the Lawmaker).
Statutes are now the ultimate source of law and
if it is in conflict with common law the statute
will prevail.
We will cover legislation in lesson 7
Can You?
• Identify where law comes from
• Define what a state is
• Identify how law is made in England &
Wales
• Explain the concept of common law
• Explain the concept of precedent