Legal System of England and Wales

What this module covers

Every section of Legal System of England and Wales, in the order the course teaches them. This is the whole syllabus for the module, not a selection. Open a section to read the topics inside it.

1. The Common Law System and Adversarial Process4 topics

   • What a common law system is
   • Adversarial and inquisitorial systems compared
   • Equity, the common law and their merger
   • Public, private, civil and criminal law
2. Sources of Law in England and Wales10 topics

   • Statute as the primary source
   • The structure of an Act of Parliament
   • Delegated and secondary legislation
   • Case law as a source of law
   • International treaties and the prerogative
   • Works of authority and conventions
   • Assimilated European Union law
   • Convention rights through the Human Rights Act 1998
   • The royal prerogative as a source
   • Custom as a source of law
3. Statutory Interpretation9 topics

   • Why statutes need interpreting
   • The literal rule
   • The golden rule
   • The mischief rule
   • The purposive approach
   • Hansard after Pepper v Hart
   • Rules of language and interpretive maxims
   • Presumptions of interpretation
   • Intrinsic and extrinsic aids
4. Civil Court Structure, Tracks and ADR8 topics

   • County Court and High Court at first instance
   • Divisional Courts and the civil appeal ladder
   • Tribunals, the Privy Council and magistrates in civil work
   • Allocation to the four case-management tracks
   • The small claims limit in personal injury claims
   • High Court value thresholds for starting a claim
   • Methods of alternative dispute resolution
   • King’s Bench Division multi-track claims
5. Criminal Court Structure and Classification of Offences4 topics

   • Offence classification and trial venue
   • Magistrates’ Court sentencing limits
   • Jury eligibility and function
   • Jury size and majority verdicts
6. Appeals (Civil and Criminal)12 topics

   • Destination of a civil appeal
   • Permission to appeal
   • Time limits and the second appeals test
   • Appeals from the Magistrates’ Court
   • Crown Court appeals to the Court of Appeal
   • Criminal appeals to the Supreme Court
   • The Divisional Court route to the Supreme Court
   • The Criminal Cases Review Commission
   • Attorney General’s references
   • Appeal by way of case stated
   • Challenging the Crown Court sitting appellately
   • The two routes to leave to appeal
7. The Doctrine of Precedent (Stare Decisis)8 topics

   • Stare decisis and how precedent works
   • Vertical and horizontal binding
   • When the Court of Appeal binds itself
   • When High Court decisions bind
   • The Supreme Court departing from itself
   • Distinguishing and other ways of avoiding precedent
   • Ratio decidendi and obiter dicta
   • Majority and minority opinions
8. The Judiciary4 topics

   • The Judicial Appointments Commission
   • Judicial independence and security of tenure
   • Heads of division and senior judicial offices
   • Judicial retirement age
9. Rights of Audience (Court-Structure Aspect)1 topic

   • Solicitors’ rights of audience
10. The Legislative Process (Bill to Act)3 topics

    • The passage of a Bill through both Houses
    • Commencement and sunset provisions
    • Primary and delegated legislation compared
11. Senedd Cymru and Welsh Legislation4 topics

    • Senedd Cymru and its legislative competence
    • The structure of an Act of Senedd Cymru
    • Interpreting Senedd legislation
    • Extent and application in England and Wales