Law Lecture Notes
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9 Main Features of Woolf Lecture
Example lecture notes. Last modified: 2nd Sep 2021
Main Features of Woolf. The Civil Procedure Rules aimed at simplifying procedure with a single set of rules covering the High Court and county court for example, by having one method of starting a case (a Claim Form)....
Administrative Tribunals Lecture Notes
Example lecture notes. Last modified: 2nd Sep 2021
Administrative tribunals resolve disputes between, for example, the citizen and an officer of a government agency or between individuals in an area of law in which the government has legislated the conduct of their relations....
Breach of Statutory Duty Lecture
Example lecture notes. Last modified: 2nd Sep 2021
If a person suffers damage due to the breach of a statutory duty s/he may be able to bring an action for breach of statutory duty simpliciter. The careless performance of a statutory duty will not give rise to a cause of action unless there exists a right of action for breach of statutory duty simpliciter or a common law duty of care in negligence....
Capacity Law Lecture Notes
Example lecture notes. Last modified: 2nd Sep 2021
The general rule of English law is that any person is competent to bind himself to any contract he chooses to make, provided that it is not illegal or void for reasons of public policy. At common law there are exceptions to this rule in the case of corporations, minors, married women, mentally incompetent and intoxicated persons....
Civil Appeals Lecture Notes
Example lecture notes. Last modified: 2nd Sep 2021
A civil appeal is usually taken to the House of Lords on a question of law, although the appeal can be on a question of fact, such as the quantum of damages....
Criminal Appeals Lecture Notes
Example lecture notes. Last modified: 2nd Sep 2021
If the defendant pleaded guilty, an appeal lies from the magistrates’ court to the Crown Court against sentence only. If the defendant pleaded not guilty, he can appeal to the Crown Court against either conviction or sentence or both (s108(1) Magistrates’ Courts Act 1980)....
Death Lecture Notes
Example lecture notes. Last modified: 2nd Sep 2021
If death is caused by any wrongful act, neglect or default, and the tortfeasor would have been liable if death had not ensued, the tortfeasor shall be liable to an action for damages, even though the person injured has died (s1(1)). ...
Equity Lecture Notes
Example lecture notes. Last modified: 2nd Sep 2021
Before 1066 all laws were local and enforced in the manorial, shire and hundred courts. Under the Normans, Royal Courts began to emerge from the King’s Council (Curia Regis). These did not take over the jurisdiction of the local courts immediately, but over a long period of time the local courts lost jurisdiction over cases and thus lost income....
European Court of Justice (ECJ) Lecture
Example lecture notes. Last modified: 2nd Sep 2021
The function of the European Court of Justice (ECJ), which sits in Luxembourg, is to ensure that in the interpretation and application of the Treaty of Rome the law is observed (Article 220 (ex 164), Treaty of Rome)....
Human Rights Interpretation and Application in UK Law
Example lecture notes. Last modified: 2nd Sep 2021
Prior to the enactment of the Human Rights Act 1998, the European Convention was directly relevant to statutory interpretation because it could not be a source of rights and, unless a statute was ambiguous, it could not be used for statutory interpretation....
Intention Law Lecture Notes
Example lecture notes. Last modified: 2nd Sep 2021
The parties must intend the agreement to be legally binding. But how can the court find out what is in the parties’ minds? The nearest the courts can get to discover this intention is to apply an objective test and judge the situation by what was said and done. The law divides agreements into two groups, social & domestic agreements and business agreements....
Interference With Goods Lecture Notes
Example lecture notes. Last modified: 2nd Sep 2021
The action for trespass to goods, trespass de bonis asportatis, affords a remedy where there has been a direct interference with goods in the claimant’s possession at the time of the trespass, whether that be by taking the goods from him or damaging the goods without removing them....
Judicial Precedent Lecture 1
Example lecture notes. Last modified: 2nd Sep 2021
Judicial precedent means the process whereby judges follow previously decided cases where the facts are of sufficient similarity. The doctrine of judicial precedent involves an application of the principle of stare decisis ie, to stand by the decided....
Law Reform Lecture Notes
Example lecture notes. Last modified: 2nd Sep 2021
The social reformer Jeremy Bentham (1748-1832), argued for constant radical legislation to achieve the greatest happiness of the greatest number. From thistime efforts were made to demystify law and to see it as a set of practica lrules....
Liability for Goods Lecture
Example lecture notes. Last modified: 2nd Sep 2021
The purchaser of goods, which turn out to be defective, will sue in contract for breach of the terms implied by the Sale of Goods Act 1979, or the Supply of Goods and Services Act 1982, which cannot be excluded against a consumer (Unfair Contract Terms Act 1977)....
Liability for Land and Premises Lecture
Example lecture notes. Last modified: 2nd Sep 2021
The common duty of care is a duty to take such care as in all the circumstances of the case is reasonable to see that the visitor will be reasonably safe in using the premises for the purposes for which he is invited or permitted to be there....
Liability for Statements Lecture Notes
Example lecture notes. Last modified: 2nd Sep 2021
The usual principles of Donoghue v Stevenson do not apply to negligent misstatement. In order for there to be a duty of care not to make negligent misstatement, there must be a “special relationship” between the parties....
Limitation of Actions Lecture Notes
Example lecture notes. Last modified: 2nd Sep 2021
The effects of the limitation periods are procedural rather than substantive in that they bar a remedy and do not extinguish the claim itself. Sir John Donaldson MR stated: ‘it is trite law that the English Limitation Acts bar the remedy and not the right, and furthermore, that they do not even have this effect unless and until pleaded’....
Power of Courts Lecture - Mentally Ill Offenders
Example lecture notes. Last modified: 2nd Sep 2021
The sentencing powers of courts over mentally ill offenders are contained in the Mental Health Act 1983. Hosptial Order: By s37, a person convicted of an imprisonable offence may be given a hospital order, which authorises his admission to and detention in a specified hospital....
Powers of Courts Lecture - Adult Offenders
Example lecture notes. Last modified: 2nd Sep 2021
DEFERRED SENTENCE: The court may defer passing sentence on an offender for the purpose of enabling the court to have regard in dealing with him to (a) his conduct after conviction (including, where appropriate, the making by him of separation for his offence)...
Principles of Sentencing Lecture
Example lecture notes. Last modified: 2nd Sep 2021
There are five general aims or functions or justifications of punishment: Deterrence, Rehabilitation, Protection of Public, Retribution, and Symbolic Denunciation...
Sentencing Lecture Notes
Example lecture notes. Last modified: 2nd Sep 2021
When deciding the type of sentence and amount, magistrates and judges (the court) will consider a number of factors. Note that the relevant law has now been consolidated in the Powers of Criminal Courts (Sentencing) Act 2000....
Statutory Interpretation Lecture Notes
Example lecture notes. Last modified: 2nd Sep 2021
Notes from Smith & Bailey on the Modern English Legal System, Third edition 1996, p351-403; cases in Jacqueline Martin, The English Legal System, chapter 3....
The Civil Justice System Lecture Notes
Example lecture notes. Last modified: 2nd Sep 2021
Lord Woolf, Access to Justice (Final Report, July 1996), identified a number of principles which the civil justice system should meet in order to ensure access to justice. The system should:...
Trespass To Land Lecture
Example lecture notes. Last modified: 2nd Sep 2021
Trespass to land occurs where a person directly enters upon another's land without permission, or remains upon the land, or places or projects. This tort is actionable per se without the need to prove damage....
Trespass to the Person Lecture Notes
Example lecture notes. Last modified: 2nd Sep 2021
An assault is an act which intentionally causes another person to apprehend the infliction of immediate, unlawful, force on his person. It was said in R v Meade and Belt (1823) 1 Lew CC 184, that ‘no words or singing are equivalent to an assault’....
Trial On Indictment Lecture Notes
Example lecture notes. Last modified: 2nd Sep 2021
Up until recently, the magistrates’ court had to decide if there was a prima facie case against the defendant, ie, if there was enough evidence on a ‘first look’ to justify sending the defendant for trial at the Crown Court. The procedure was regulated by the Criminal Procedure and Investigations Act 1996:...
Undue Influence in Equity Lecture Notes
Example lecture notes. Last modified: 2nd Sep 2021
“Equity gives relief on the ground of undue influence where an agreement has been obtained by certain kinds of improper pressure which were thought not to amount to duress at common law because no element of violence to the person was involved” (GH Treitel, The Law of Contract)....
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