Appunti inglese giuridico

UK Law

 Legislative sources

o Domestic Law

 Acts of Parliament

 Secondary Legislation

o European Law and ECJ case law

 Judicial sources

o Common law

o Case law

Acts of Parliament

 Public General Act

 Private Act

 Hybrid Act

Creation of Statute Law in the United Kingdom

 Proposal

o Green Papers: tentative proposals issued by the Government

o White Paper: definite proposal issued by the Government

 Drafting

o Draftsmen set out the legislation proposal into a Bill

 Enactment

o First Reading: the title of the Bill is introduced into the House of Commons

o Second Reading: first general debate on main principles and purpose of the Bill

o Committee stage: the Bill is debated by a small group of MPs and may be amended

o Report stage: MPs not in the committee may consider amendments

o Third Reading: final debate on the amended Bill

 Passage through the Lords

o The same passages are done all over again in the House of Peers

 Royal Assent

o The reigning monarch give his/hers approval to the Bill

 Act of Parliament

o The Bill is now law of the land

Case Law

Judicial Precedent

Ratio decidendi: legal reasoning of a case

Obiter dicta: anything not strictly relevant to the decision

Avoiding precedents

 Distinguish: the material facts are sufficiently different from previous precedents

 Reversing: a higher court overturn the decision of a lower court during the same case

 Overruling: a higher court reverses the decision of a lower court in a different casa, creating a new

decision on the same facts in later cases

European Court of Justice

European Court of Human

Rights

Supreme Court of the United Kingdom

( )

binding lower courts but not itself

Court of Appeal

(

binding lower courts and itself)

High Court

(

different disputes+appeals, new cases)

County Court Crown Court

(small claims) (criminal casses and appeals)

Magistrates Courts

Magistrates Courts

Procedure

 Adversarial system (Common law)

o Two sides as opponents

o Trial lawyers are responsible for adducing evidence and bringing legal argument

o Judge remain a neutral umpire

 Inquisitorial system (Civil law)

o The state has the major investigator role

Lower courts (Magistrates Courts, County Courts)

 Decide the matter of fact and law in a case for the first instance

Higher Courts (Crown Courts, High Courts, Courts of Appeal, Supreme Court)

 Review of trial level decision on matter of legal principle and public interests

Civil Law

Claimant against defendant

Remedies

 Damages: money compensation

 Injuction: a court order dire