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English Legal System

The document discusses key aspects of the English legal system, including that it is a common law based system where common law is created through judicial precedent set by court rulings. It establishes separation of powers and parliamentary supremacy as fundamental principles. The common law system was exported to other countries and continues to develop today based on modern judicial interpretation, with customs still able to be recognized under common law in certain circumstances.

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62 views

English Legal System

The document discusses key aspects of the English legal system, including that it is a common law based system where common law is created through judicial precedent set by court rulings. It establishes separation of powers and parliamentary supremacy as fundamental principles. The common law system was exported to other countries and continues to develop today based on modern judicial interpretation, with customs still able to be recognized under common law in certain circumstances.

Uploaded by

shanicebegum
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
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English Legal System

1) Define what is meant by the phrase a legal system?


A system that interprets and enforces the law

2) Explain what is meant by the phrase separation of


powers?
3) What is the purpose of a legal system?
A legal system enforces the law into a governing state; thus
establishing a set of rules for the public body to follow.

4) Who creates the common law?


5) Explain what is meant by the phrase a common law
based legal system?
6) Why was the common law system exported to other
countries?
7) Provide an example of a criminal offence, which was
developed via the common law?
8) Has the Law Reform (Year and a Day) Act 1996
and the Murder (Abolition of Death Penalty) Act
1965 had any impact on the common law definition
of murder laid down originally by coke?
9) What happened in the case of Donoghue V
Stevenson and why was this case important?
10)
What is the primary difference between the
torts of negligence and occupiers liability?
11)
Does the UK have a written constitution?
12)
Are the conventions legally binding?
13)
What is meant by the phrase parliamentary
supremacy?
14)
What is meant by the phrase the rule of law?
15)
From where does English law come from, i.e.
what are the sources of English law?
16)
What organisations/individuals have been given
the power to create law?
17)
What forms of law dot he
organisations/individuals highlighted in 16) create?
18)
What are the so called Books of Authority and
do modern textbooks and journals fall into this
category of works, if not why not?

19)
What is the attitude of members of the judiciary
today in relation to the use of modern texts and
journals and the development of the common law?
20)
Explain the historical relationship between
custom and the common law?
21) On what basis can customs be recognised by the
courts today through the common law?

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