Lecture 2

Legal Systems, Definition of Law,

Function of Law and UK Legal System
 What is a Legal System?

The legal system includes rules, procedures, and institutions by which

public initiatives and private endeavors can be carried out through
legitimate means.

In other words, is a system for interpreting and enforcing the laws. It

elaborates the rights and responsibilities in a variety of ways.

https://www.akdlawyers.com/what-is-the-legal-system/
 Four main types of legal system
• Civil law (includes Socialist law) - A Socialist law system emphasises
community and state property. Primary source – legislation/legal codes

• Common law (e.g. US, UK, Australia and India. Sources – case law; statute)
– criminal and civil law
• Theocratic law (in muslim countries and israel. Sources – the Koran)
• Customary law (e.g. Africa. source – life experiences, religious or philosophical principles)

http://www.juriglobe.ca/eng/index.php

3
Legal systems around the world

http://www.juriglobe.ca/eng/index.php
http://www.juriglobe.ca/eng/rep-geo/cartes/monde.php 4
http://www.juriglobe.ca/eng/rep-geo/cartes/europe.php 5
 What is Law?
• Consists of rules that regulate conduct of individuals,
businesses, and other organizations in society
• Intended to protect people and their property from
unwanted interference from others
• Forbids individuals from engaging in certain
undesirable activities

6
 Definition of Law
• Body of rules of action or conduct prescribed by
controlling authority and having binding legal
force
– To be obeyed and followed by citizens, subject to
sanctions or legal consequences

7
 Business law
• Contract law
• Property rights
• Workers’ health and safety
• Product safety
• Workers’ rights
• Human rights

8
 Functions of the Law
• Keeping the peace
• Shaping moral standards
• Promoting social justice
• Maintaining the status quo (existing state of things)
• Facilitating orderly change
• Facilitating planning
• Providing a basis for compromise
• Maximizing individual freedom
9
https://www.slideshare.net/NathanLoynes/introduction-to-the-english-legal-system?from_action=save
file:///C:/Users/Admin/AppData/Local/Temp/introductiontotheenglishlegalsystem-141008064519-conversion-gate02.pdf
11
Regions of England

12
 UK Legal System: Quick Facts
The UK is a constitutional monarchy. The Head of State is the monarch (king / queen) (not a
president), whose duties, functions and powers are conscribed by convention. One of the
conventions is that the monarch is politically neutral.

England and Wales operate a common law system which combines the passing of
legislation but also the creation of precedents (previous legal case) through case law. 

The laws are established by the passing of legislation by Parliament which consists
of the ‘Monarch’, the House of Commons and the House of Lords. 

The House of Commons is directly elected by the people and the Prime Minister is
traditionally a member of this House.   The Court System and case law are controlled
by the judiciary which is completely separate to Parliament.

https://libguides.bodleian.ox.ac.uk/c.php?g=422832&p=2887374

13
 The Court System
• The United Kingdom of Great Britain and Northern Ireland
consists of four countries forming three distinct jurisdictions
each having its own court system and legal profession:
England & Wales, Scotland, and Northern Ireland.

14
Separation of powers refers to the division of government responsibilities into distinct
branches to limit any one branch from exercising the core functions of another.  The intent is
to prevent the concentration of power and provide for checks and balances.
https://www.ncsl.org/research/about-state-legislatures/separation-of-powers-an-overview.aspx
Tilia vs Violet Claimant Plaintiff Defendant
 How Statutory law is applied

Application in Justice Courts:

•Written law (formally enacted)

•Most supreme law (Parliament takes precedence over the common law,
hence, judge will apply statutory law and not common law for any cases
there are in violation of statute law)
•Punishments will be given to an individual or a company for violating the
statute law e.g. The Equality Act 2010
 How common law is applied
Application in Justice Courts:

•Unwritten law (unenacted)

•Case law (known as judicial precedent), previous decisions by

superior courts on similar facts
•Common law influences the decision-making process in
unusual cases where the outcome cannot be determined
based on existing statutes or written rules of law
…….cont’d next page
• Legal remedies (damages)
• Equitable remedies (e.g. injunctions)

• Decisions made based on similar facts e.g. Ritchie v

Atkinson (1808)
Ritchie v Atkinson (1808)
By contract the claimant agreed to carry a cargo of specified quantity of hemp and iron. The price agreed was £5
per ton for the hemp and 5 shillings per ton of iron. The claimant only carried part of the agreed quantity. The
defendant argued the contract had not been fully performed and therefore no payment was due.

Held:
The contract could be divided into separate parts as the parties had agreed a price per ton. The claimant was
thus entitled to payment for the amount carried although the defendant was entitled to damages for non
performance in relation to the amount not carried.
 CRIMINAL AND CIVIL LAW

Two separate branches of law:

Criminal law weeks to regulate actions that contravene established laws, and it
outlines actions that are ‘against the law’ rather than identifying what a person is
entitled to do.

Civil law regulates actions between parties in agreement they have voluntarily
entered or where society has placed an obligation to take reasonable care not to
cause damage or injury to others.

Refer to textbook: Page 17

Thank you!