3) English law course

English law system and common law Distinction between Common law and civil law : Civil law as the traditions, so civil law countries. When French lawyers used Common Law it’s often opposite to the civil law system. We can say that Common Law and civil law represent different families (familles de droit). In comparative law, … Lire la suite

Distinction between Common law and equity: The second meaning of the Common Law can be understood with the one of equity. The heart of Common Law was originally what records the writ system (assignation). Writs were documents issued in order to start an action of course. Someone has to issue this writ and this is … Lire la suite

Distinction between Common Law and statute law (written law) : It means that part of law which is contained in the decision of the court. Indeed, in England and Wales law isn’t only passed by Parliament. But law can also develop from the previous decisions of courts. This is the reason why precedent which will … Lire la suite

  The Parliament and the parliamentary sovereignity Les autres fiches de cours : English legal system and difference with the civil lawDistinction between Common law and equityDistinction between Common Law and statute law (written law)House of Lords, House of Commons and the parliamentary sovereignityThe legislation : Source of English lawStatutory interpretationCase Law and precedent in … Lire la suite

The legislation : Sources of English law : Legislation is law that is created by the legislature. The most important pieces of legislation are Acts of Parliament. Les autres fiches de cours : English legal system and difference with the civil lawDistinction between Common law and equityDistinction between Common Law and statute law (written law)House … Lire la suite

Statutory interpretation: Interpretation is in general the discovering of the meaning of words, this is the search of the meaning of a word. Since in law we just have words, this exercise is very important in law and in legislation in particular. An interpretation may be needed when there is an ambiguity in the drafting … Lire la suite

A domestic source of law : case law : Case law : Law developed by judges through court decisions and opinions, as distinct from statute and other legislation. Precedent : An act in the past which may be used as an example to help decide the outcome of similar instances in the future. Case law … Lire la suite

 Stare decisis : definition, advantages, disadvantages… A precedent, known as stare decisis, is a history of judicial decisions which form the basis of evaluation for future cases. Common law, also known as case law, relies on detailed records of similar situations and statutes because there is no official legal code that can apply to a case at … Lire la suite

 What is the nature of judge-made law? Judge made law means that judges in interpreting the existing law may need to make a decision where there is no settled precedent and in doing so their decision becomes law. Some may consider that judge made law is against the rule of law because if judges are … Lire la suite

Equity: Historical developments: In ordinary language, equity simply means fairness but in English law it applies also to a specific set of legal principles. Nowadays, equity has also a particular meaning in the financial world; it means the value of a company. Les autres fiches de cours : English legal system and difference with the … Lire la suite