法律英语教程 第一课 课件.ppt

An Introduction to the English Legal SystemLegal SystemsMap of UKUKSources of LawUK Court SystemThe legal system presents a number of different aspects to the inquiring mind. From one point of view it may be seen as systematic collection of principles and rules of law, as distinguished from principles and rules of morality, or of physics, or of politics, or of etiquette. Thus, when a citizen asks about the law on a particular matter he often wants to know what rules there are, if any, which will tell him what to do or what not to do. And he will often assume that the legal system as a whole has the primary function of establishing and enforcing legal system. From another point of view legal system can be seen as an independent system of government. That’s to say, the other systems in the world recognize it as having a separate existence with a government claiming ultimate law-making and governmental authority. This is to look at the legal system from an international point of view - to see it wholly from the outside as it were. Seen from this point of view no special organization need be thought essential to the institutional structure of any system. From yet another point of view the legal system can be seen as a collection of institutions functioning within defined geographical areas. Modem European legal systems may be expected to have a variety of distinct legal institutions: legislature to make laws，courts to resolve disputes between persons subject to the laws, executive departments of government to carry into effect authoritative decisions made in accordance with law, and police forces to enforce laws generally and to prevent breaches of law.The United Kingdom consists of four parts: England Wales, Scotland and Northern Ireland. Three legal systems exist within the United Kingdom: the legal system of England and Wales, the legal system of Scotland, and the legal system of Northern Ireland. The legal system for England and Wales became fully integrated following the Laws in Wales Act 1536.The Union of Crowns in 1603 meant that the same person was the monarch in the two kingdoms of Scotland and England. However, this did not immediately integrate all the institutions of the two countries. The Union with Scotland Act 1707 established the United Kingdom of Great Britain and provided that this kingdom would be regulated by one Parliament. However, the Scottish legal system was retained and even today changes planned for the whole of Great Britain may require specific Scottish legislation.The position of Northern Ireland is considerably more complex constitutionally. From the establishment of a provincial Parliament in Northern Ireland in 1921 until 1972, legislation on most domestic issues was made in the form of Acts of the Northern Ireland Parliament. In 1972 that Parliament was suspended and direct rule from Westminster was substituted. The majority of Northern Ireland’s primary legislation is carried into effect by means of Orders in Council.The differences between the legal systems are most marked in area such as land law and trust law. However with increasing importance of statutory law and law emanating from the European Union there is a corresponding increase in the similarity between the existing legal systems.Sources of LawThe main sources of law in the United Kingdom are four: common law, statute law, law emanating from the European Union and international law.Common Law One of the most ancient and continuous sources of law in England, Wales and Northern Ireland is the “common law”.Before the Norman Conquest, there was no unified legal system. Cases were tried in such types of courts as the Shire Courts, the Hundred Court and the Franchise Courts. When the English legal system first began to take shape, judges were appointed to administer the “law and customs of the realm.” They built up their own set of rules and principles based on general custom and this part of the law was called “common” in contrast to that which was particular or special, such as canon (or ecclesiastical) law or local custom.Strictly speaking, the common law refers to the legal rules which have evolved many centuries from judges’ decisions in court cases. These rules are based on the concept of binding precedents, whereby lower courts are bound by the decisions by higher courts until those higher courts themselves overturn the precedents. This occurs when the cases before the court has similar material facts and involves similar legal principles to the precedent.Even if a preceding judgment is binding on the courts, only some parts of the judgment are important. Lawyers distinguish two parts of a judgment: the ratio decidendi and obiter dicta. The ratio decidendi means the reason for the decision. This is the principle of law on which the decision is made and can become a binding precedent. The obiter dicta, on the other hand, is a 。