School of Law

ENGLISH LEGAL
SYSTEM
2017-2018
MODULE TUTOR:
Claire Bessant
 CONTENTS

Preface Welcome to the English Legal System module

What the module covers
Study methods

PART 1

Chapter 1 Introduction to the law and to the study of law

Chapter 2 Introduction to the English Legal System

PART 2

Chapter 3 Legislation

Chapter 4 Using legislation

Chapter 5 Case law

Chapter 6 International sources of law

PART 3

Chapter 7 The Civil Justice System

Chapter 8 Alternative Dispute Resolution

Chapter 9 Tribunals

Chapter 10 The Criminal Justice System

Chapter 11 Court decision-makers; the judiciary, magistrates and

the jury

Chapter 12 The Legal Profession

PART 4

Chapter 13 Preparing for your examination

 PREFACE

Welcome to the English Legal System module.

This module is designed to introduce you to law and to the study of law. Whilst it will not
introduce you to substantive legal rules, such as the rules which govern contract, crime or family
law, it is nonetheless an important module. It will introduce you to many of the key concepts
which are crucial to the study of law. It will assist you to find and use the legal sources that you
will need to refer to throughout your studies. It will also explain how the legal system operates:
in other words how law is made and how it is applied in practice. In many respects, therefore,
this is a module that underpins your studies on the other first year modules of Contract and
Criminal Law and your studies in years 2, 3 and 4 of the programme.

This module workbook is accompanied by a module handbook. The purpose of the module
handbook is to explain to you what the aims and outcomes of the module are, how the module
is taught and assessed, who will teach you, what we expect of you and what you can expect
from us. It is suggested that you read through your module handbook carefully BEFORE you
start to read this workbook.

The purpose of this workbook, by contrast to the module handbook, is to outline, by reference to
each topic, what materials you should be reading or watching and the tasks that you need to
undertake in order to gain a comprehensive, critical understanding of the topic. The primary
materials that you will be referred to take the form of webcasts. The webcasts, which are
probably best described as mini lectures, can be viewed online read and downloaded as
transcripts (written explanations). Whenever we want you to look at a particular topic you will be
asked to ‘watch webcast …’ – at this point it is your choice to watch the webcast and/or read the
transcript.

All of these webcasts/transcripts can be accessed through the elp. Please note that whether
you choose to watch or read the material which is available from the webcast package is
entirely up to you. The same information is provided to you whether you watch or read the
materials.

Alongside all of the webcasts you are provided with a variety of accompanying materials. Some
of these materials are word documents which have been developed to help you understand the
concepts, others outline tasks for you to undertake. You are also provided with hyperlinks to
other useful web pages and documents. You are provided with links to interactive materials
which will help you to put into practice what you have learned.
The webcast materials and supporting documents are fundamental to your success on this
module. If you have any problems at all in accessing these materials please contact your
module tutors as soon as possible via the programme discussion board.

For most topics you will also find that you are referred to specific sections of the recommended
textbook

S Wilson and others, English Legal System, Oxford University Press, Oxford,
2016).

Where you see a reference to ‘the Textbook’ you should undertake this reading, which is
considered as essential reading. For this reason, we recommend that all students obtain a copy
of the recommended textbook. If you are unable to do so, however, then do not worry. There
are many other English Legal System textbooks available. A list of alternatives to the
recommended text is detailed in the module handbook and in the online reading list on the elp.
Please note, however, that these other textbooks may not cover the exact syllabus that we
follow. You need also to ensure that whatever textbook you use is the most up to date edition
available. If you have any concerns with regard to using an alternative textbook then please do
not hesitate to contact me via the ‘queries’ discussion forum on the eLP.

You can access this discussion board and the other discussion boards that will run during the
module via the eLP (guidance is provided in the module handbook). Perhaps the most
important forum on these discussion boards is the ‘queries’ forum – this forum should be used if
you have a query about the module teaching and assessment strategy, availability of materials
etc. I will also, however, set up ‘topic-based’ forums to enable you to discuss issues which arise
from the materials that you are studying. Please take the time and effort to use these
discussion boards. Although we appreciate that posting your questions and thoughts online
may not be something that you are all used to doing, experience suggests that where a
significant number of students do engage with the discussion board discussions they do find
that their distance learning experience is much more enjoyable. Last year a handful of students
on the module also used Blackboard Collaborate (to which there is a link on the elp) to talk face
to face. Guidance on using Blackboard collaborate can be found under the Blackboard
collaborate tab.

Finally, depending upon the topic being studied you may also be asked to refer to materials that
are freely available online, or to log in to the legal databases that the university subscribes to, in
order to access legal source material. Where we consider it essential that you refer to these
materials we will make this clear. In most cases, however, the material which we will refer you
to falls into the category of further reading. This means that whilst you will undoubtedly benefit
from undertaking that reading it is not essential to your understanding of the key principles.
I hope that you enjoy your study.
 PART 1

CHAPTER 1
INTRODUCTION TO LAW AND TO THE STUDY OF LAW

Although you have all enrolled on the LLB Open Learning programme in order to study law, how
many of you can actually say that you know exactly what the law is and what its role is? Do
you know what is meant by the terms ‘primary and secondary sources of law’, and where you
can find them?

Some of you may be confident that you know the answer to both of these questions. However,
even if you do not know the answer, do not worry.

The aim of this chapter is:

 To introduce you to some of the key terms and concepts that underpin the study of law
 To provide you with guidance on how law is studied at Northumbria University, and
specifically how you will be studying law on this programme
 To provide you with guidance on some of the skills which are essential to the
successful study of law, including time-management and note-making.

By the end of this chapter you should:

 Understand what ‘law’ is

 Have developed your understanding of the law’s role in society
 Have developed your understanding of what the primary and secondary sources of law
are
 Be able to plan how you will manage your studies over the course of the year

The diagram below sets out the topics that you will cover both in this chapter and in chapter 2.

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 Introduction to Law and the English Legal System
Introduction to these
webcasts

Studying law What is law? Writing law essays The English Legal System
(‘the ELS’)

Staying on track
The role of law

Effective note Primary sources of Nature of the ELS Branches of the ELS Institutions of the
making law ELS

Secondary sources
of law

Parliament Government The Courts

and the
Separation of
Powers

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1.1 Studying law

Guidance on how to study law is provided in Webcasts 1-4. Remember, these webcasts can
be watched or alternatively transcripts of these webcasts are also available for you to read
online or to download or print out.

Access the webcast package via the elp.

Watch/read Webcasts 1 (Introduction to the Webcasts) and 2 (Studying law).
NB there are no activities to undertake in relation to these webcasts they are provided purely to
offer you with guidance on what we think may help you to become a success on this
programme, and to guide you as to our expectations.

Managing your time successfully is key to the success of any undergraduate law student – time
management is, however, particularly important for distance learning students. Webcast 3
draws together some of the guidance offered in a range of study skills textbooks to offer you
some suggestions for some steps that you could take to ensure that you do not fall behind in
your studies.

Although we have provided you with a study schedule (on the elp in module documents and at
the back of your module handbook) which suggests what topics you should focus on each week
or fortnight only you know what time you need to set aside each week for your study. We are
also aware that some students prefer to focus on each of their first year modules for a few
weeks at a time, rather than doing a few hours study on each of the three modules every week.
There is no right or wrong way to approach your studies – just what works best for you. If,
however, you do decide that you want to concentrate on one particular module for a couple of
weeks before then moving on to the next one then it probably makes sense for you to redesign
the provided study schedule so that it suits you.

Watch Webcast 3 (Staying on track and effective time management)

Now turn to your module handbook to review the suggested study schedule.
Consider what times each week you will set aside for your studies and then try drawing up your
own study timetable/schedule for your first semester (from now until the end of December).

Two further key skills which you need to develop as soon as possible are academic reading and
note-making. Law students need to do a lot of reading. You need also to learn and understand
a great deal of information. Webcast 4 provides you with some suggestions as to how you can
effectively read and make notes from the materials which you are asked to watch and read.

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Watch webcast 4 (Note making)

To consolidate what you have read/listened to/watched on the webcasts now read Sections 1.1,
1.2, 1.5 and 1.8 of the textbook

Further reading:
 A guide to reading so that you can remember
http://www.peterjepson.com/law/buzan_method.htm

1.2 What is law?

As a student of law you should know what law is, why countries have law and what the law
does. These are the issues that are considered in Webcasts 5 and 6.

Watch and make your own notes on Webcast 5 (What is law).

Read Section 2.1.1-2.1.4 of the textbook.

Now go to module documents and click on ‘Supplementary documents – read and consider
along your webcasts’ and select ‘documents referred to in part 1 of your workbook’. This folder
contains a number of exercises for you to undertake to consolidate the learning from the
webcasts. First read and do the task for Webcast 5 then read the suggested answer.
Watch and make notes on Webcast 6 (The role of the law).

As already highlighted in the webcast, the law to some extent reflects morality, however, it is not
the case that law and morality are the same thing.

Undertake the following exercise which affords practical consideration to the interface between
law and morality

Read the case of Re A (Conjoined twins) [2000] EWCA Civ 254 – the case is accessible from
Bailii by clicking on this link http://www.bailii.org/ew/cases/EWCA/Civ/2000/254.html

As you will see the parents in this case were devout Catholics. They did not need believe it was
permissible for one of the twins lives to be ended even if this saved the life of the other. The
judges deciding this case in the Court of Appeal, however, were required to apply the law (in
this case they consider medical, family and criminal law). Note in particular the comments of
Lord Justice Ward in section I ‘This court is a court of law, not of morals’.

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Now log on to the discussion board on the eLP site. Click on the forum headed ‘The role of the
law’. This is a forum which will allow you to provide your own views upon, and read others’
views about (a) the role of the law, in the UK and in other countries (b) the fact that different
authors can have different views about the same subject – and how you think this might affect
you and your study of the law

1.3 The sources of law

During your studies you will often be asked to read primary and secondary sources of law.
Webcast 7 explains what a primary source of law is. Webcast 8 explains what a secondary
legal source is.

Watch and make notes upon Webcasts 7 (Primary sources of law) and 8 (Secondary
sources of law).

Then to familiarise yourself with some of the key websites that you can use in order to access
primary and secondary legal materials look at the following web pages:

PRIMARY SOURCES
 Bills and legislation http://www.parliament.uk/business/bills-and-legislation

SECONDARY SOURCES
 Parliamentary debates http://www.parliament.uk/business/publications
 Parliamentary papers
http://www.parliament.uk/business/publications/committees/select-committee-
publications
 Command Papers http://www.official-documents.gov.uk
 The Law Commission http://lawcommission.justice.gov.uk/

1.4 Writing about the law

Throughout your studies you are assessed on your understanding of the law and upon various
skills such as your ability to apply the law to factual scenarios. If you are to be able to effectively
display your understanding of the law, and to demonstrate your abilities to use the law as
required then you need to know how to write a law essay. You will encounter various different
types of law essays during your studies. In your first year you will be assessed by exam in each
of your three first year subjects (contract, crime and English Legal System). Each of those
exams adopts a similar format, requiring you to display your knowledge and understanding both

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by answering multiple choice questions and by writing an essay answering a specific question.
In the third year you will be asked to submit written coursework (approximately 3000 words).

To assist you to develop your essay writing skills we have provided you with a webcast
explaining how to write a law essay. This webcast is supplemented by a series of additional
materials which we believe you will find useful in developing the written skills you will need to
succeed on this programme. In addition you are provided with two opportunities to submit
practice essays during the course of your English Legal System module. If you chose to submit
these practice essays you will be provided with detailed feedback in relation to your essay.

Watch and make notes upon Webcast 9 (Writing law essays)

Read the accompanying materials which can be found in module documents/supplementary

documents/documents referred to in part 1 of your workbook.

Note that the guidance on tackling problem questions will be particularly relevant to answering
questions on contract law and criminal law. You will encounter discursive questions on your
ELS module. Note the guidance on discursive questions and the guidance provided in the
same essay – if you intend to submit a practice essay for feedback this guidance will be
particularly useful to you when you being to prepare to write that essay.

Task:

In your end of year exam you will have one hour in which to submit a written answer to one
question. You will be provided with information prior to the exam telling you what topic area to
revise in preparation for the exam. Your question is likely to be split into two or three sub-
question which are designed to test both your knowledge of the law and your ability to discuss
issues relating to the law. Assume that you have been asked to answer the following question
in your exam (the first of two sub-questions). Consider how you might answer it and attempt
drafting an answer:

Consider the following comment:

‘The primary sources of English law are no longer made wholly by English legal institutions, but
increasingly also by European institutions. Indeed, it might be argued that it is no longer correct
to suggest that the English parliament is the supreme law maker in England and Wales.’

Explain what the primary sources of English law are, and by which institutions they are
made. Give examples to support your explanation. (50%)

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 CHAPTER 2
INTRODUCTION TO THE ENGLISH LEGAL SYSTEM

The law is not the same thing as the legal system. In this chapter, therefore, you will be
provided with an introduction to the English Legal System.

In particular this chapter aims to:

 Help you understand the distinctive nature of the English Legal System and how this
differs from other countries’ legal systems
 Introduce you to the different branches of the English legal system
 Develop your understanding of how the English legal system is organised
 Help you to develop a critical understanding of the role and constitution of Parliament,
government and the courts

By the end of this chapter you should be able to:

 Explain what is meant by the term ‘common law’ and explain what a common law legal
system is
 Understand the difference between the civil and the criminal law and be aware of how
the civil and criminal courts are organised
 Know how Parliament is constituted and be able to engage in discussions about the
reform of the House of Lords
 Understand what is meant by the term ‘Separation of Powers’ and how this applies in
the UK

2.1 The nature of the English Legal System

The English legal system exhibits two distinctive characteristics. It is a common law legal
system. Its courts primarily adopt an adversarial approach.

Webcast 10 explains what a common law legal system is and how it differs from a civil law legal
system, an alternative form of legal system prevalent in Europe. It also explains what is meant
by some of the key terms that you will hear during your studies such as common law, civil law
and equity.

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Watch and make notes on Webcast 10 (The nature of the ELS)
Read Section 2.2 of the Textbook

2.2 The branches of the English Legal System

The English legal system is generally considered to have two key branches – a civil branch and
a criminal branch. The courts of England and Wales are sub-divided into different branches with
certain courts dealing only or primarily with criminal matters and other courts dealing only or
primarily with civil matters.

Watch and make notes on Webcast 11 (The branches of the ELS)

Read Section 2.4 of the Textbook

Complete the task relating to Webcast 11 which can be found in module

documents/supplementary documents/documents referred to in part 1 of your workbook

2.3 The institutions of the English Legal System

There are a number of institutions which can be said to be responsible for making English law
and a number of other institutions, organisations or individuals who are involved in the
administration of justice. An overview of who makes the law and who administers the law is
provided in Webcast 12.

Watch and make notes on Webcast 12 (The institutions of the ELS)

Further reading:
You can find out more information about some of the institutions referred to in this webcast by
accessing the following web pages:

 Parliament http://www.parliament.uk/business/
 The Law Commission site http://lawcommission.justice.gov.uk/
 The European Union Portal http://europa.eu/index_en.htm
 The Council of Europe site www.coe.int

Parliament, Government and the courts play a particularly important role in making and
administering the law. 3 separate webcasts are provided therefore which focus on each of

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these institutions. You are also encouraged to read the additional material (articles and
parliamentary notes) which will provide you with a more in depth understanding of the issues
that affect these institutions, particularly the Parliament.

2.3.1 Parliament

Watch Webcast 13 (Parliament)

Read Section 3.1.1-3.1.4 of the Textbook
Go to module documents/supplementary documents/documents referred to in part 1 of your
workbook and read/download the document ‘Who can be an MP’

There have been lengthy debates in the last decade about the composition of parliament, most
particularly the composition of the House of Lords, and how and whether reform is necessary.
You are asked therefore to spend some time considering these debates. Through undertaking
the wider study recommended below you should be better able to understand the arguments for
and against reform. Although the pressure for reform has reduced somewhat since the liberal
democrat/conservative coalition government was replaced by a conservative government, the
issue of parliamentary reform is a perennial theme which keeps reoccurring over the decades.

Task:

To gain a better understanding of the debates relating to reform of Parliament and the House of
Lords you should go to module documents/supplementary documents/documents referred to in
part 1 of your workbook and read the document ‘Parliament –Understanding House of Lords
reform’ and undertake the advised reading

A number of key questions are arguably posed when one considers the current composition of
the Houses of Parliament:

(a) Does the House of Lords need reforming and if so who should be in the House of Lords?
Should it be elected, what should its role be?
(b) Is the law made by a ruling class (Marxist view)? Where do MPs come from? Do we still
have the elite ruling us? Are MPs truly representative of society, particularly when those MPs
have largely followed a professional political career and are chosen from a party list? How do
other countries appoint their MPs to ensure democracy? Is democracy important?
Please contribute your thoughts to the discussion forum.

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 2.3.2 Government

Watch and makes notes on Webcast 14 (Government and the Separation of Powers)
Go to the following webpage – ‘How Government works’ https://www.gov.uk/government/how-
government-works
You may also find it helpful to look at ‘Overview of the UK system of government’
http://webarchive.nationalarchives.gov.uk/20121003074658/http://www.direct.gov.uk/en/Govern
mentcitizensandrights/UKgovernment/Centralgovernmentandthemonarchy/DG_073438

Further reading:
As the Executive Summary to the Chilcott report (The Report of the Iraq Inquiry published in
July 2016) notes at page 4;

‘In 2003, for the first time since the Second World War, the United Kingdom took part in an
opposed invasion and full-scale occupation of a sovereign State – Iraq. Cabinet decided on 17
March to join the US-led invasion of Iraq, assuming there was no last-minute capitulation by
Saddam Hussein. That decision was ratified by Parliament the next day and implemented the
night after that.
…

The consequences of the invasion and of the conflict within Iraq which followed are still being
felt in Iraq and the wider Middle East, as well as in the UK. It left families bereaved and many
individuals wounded, mentally as well as physically. After harsh deprivation under Saddam
Hussein’s regime, the Iraqi people suffered further years of violence.

The decision to use force – a very serious decision for any government to take – provoked
profound controversy in relation to Iraq and became even more controversial when it was
subsequently found that Iraq’s programmes to develop and produce chemical, biological and
nuclear weapons had been dismantled. It continues to shape debates on national security policy
and the circumstances in which to intervene.’ (http://www.iraqinquiry.org.uk/media/246416/the-
report-of-the-iraq-inquiry_executive-summary.pdf accessed 1 September 2016)

In light of the recent publication of the Chilcott report, you may find it interesting to refer to the
following publication which considers the current roles of parliament and government in relation
to fundamental decisions such as going to war and considers whether parliament should play a
greater role in such decisions.:

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  Select Committee on Constitution fifteenth report – Waging war: Parliament’s role and
responsibility
http://www.publications.parliament.uk/pa/ld200506/ldselect/ldconst/236/23603.htm

2.3.3 The Courts

Watch and make notes on Webcast 15 (The Courts)

Read Section 2.5 of the Textbook

Note some changes to the court structure have been made since this webcast was
recorded. You are advised, therefore, to refer to the following webpage to view the most
recent court structure diagrams.

Courts in the UK https://www.judiciary.gov.uk/about-the-judiciary/the-justice-

system/court-structure/

Scroll down to the bottom of the page and you will find two useful diagrams detailing the
current structure of the courts and tribunals of England and Wales