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Lesson 7

General Law
Court Hierarchy UK

General Law
Court Hierarchy UK

The doctrine of precedent is a UK legal rule that states every court must be bound by the decision of the court above it superior courts have the power to overrule decisions of lower courts and in certain cases to overrule their own decisions. So what does this mean? If the plaintiff (claimant or complainant) is not satisfied with the decision made, what can they

General Law
Court Hierarchy USA

General Law
Court Hierarchy Germany

What is the German system? How would you explain this to an American client?

General Law
Civil Law vs. Common Law

Civil Law is based on the Roman law framework and consists of statutes, legislation and constitutions to be interpreted and implemented by the courts.

Common Law includes civil law information but also case law to be used by the courts.

General Law
Court Hierarchy Alternative version

General Law
USA Constitution Amendments

1st - Protects the freedom of speech, freedom of religion, and freedom of the press, as well as the right to assemble and petition the government 2nd - Protects an individual's right to bear arms 13th- Abolishes slavery and involuntary servitude, except as punishment for a crime

General Law
Sources of Information

Statutory law (codified law) is written and passed by government and the highest form of legal information. Case law follows the "doctrine of precedent" and is based on a body of previous cases and their decisions to be applied to current law cases.

General Law
Sources of Information
Legal research relies upon the use and application of primary sources of information. Primary sources are those which are direct, authoritative and not influenced by anybody's opinion. Examples are legislation, treaties, law reports, resolutions of governmental and non-governmental bodies, transcripts of debates, parliamentary papers etc. They are free from opinions and are usually prepared as a necessity. They contain the law itself. Secondary sources are those which are not primary in nature. They are opinions, commentaries, discussions. They are useful for building an opinion on a particular topic, as a means of reflection, an argument or a description, but they do not have the same value as primary sources of information. We will be looking at both primary and secondary sources of information throughout this programme.

General Law
Sources of Information

Imagine you must deal with this case: Boris Becker swears at a photographer in the Florida, USA. BB pleads the 1st amendment The public believe BB should not be fined In a similar case where Charlie Sheen swore at a reporter he was fined $1,000 At face value what heirarchy is given to these points?