Structure of English Law

Structure of English Law Philip Blincow This paper covers the basis of law which takes president in the UK. Case law, Statute Law and European Law, along with other areas that form the structure of Common Law. Relevant cases will be used to back statements. Case Law and Statute law are two pillars of what makes English Law; formed to regulate actions of citizens to govern behaviour and impose penalties on those who brake it. Case Law is based on the doctrine of Judicial Precedent which in turn refers to Stare decisis meaning standing by of previous decisions. This mean that once a law has been passed by a Judge in a previous case, it binds all lower courts holding future cases based on the same material facts. In order for Judicial Precedent to work, points of law need to be determined. When a judge makes a ruling, the reasons for reaching such decisions derives from the ratio decidendi (the reason for deciding). An example of this would be the case of Donoghue V Stevenson [1932] duty of care came down to the manufacture owing Mrs Donoghue on the grounds of negligence. This set the precedent for the following case Grant v Australian Knitting Mills [1936]. However, it is important to separate Ratio decidendi from Obiter dicta (by the way). Obiter dicta does not refer to the decision from a previous ruling. It looks at the areas of the case that rely on interpretation from the judge which is not necessary for the decision. It does not form part of the ratio decidendi. In the case of R v Howe Bannister [1987] the obiter dicta of the case is: somebody who attempts murder should not be able to plea a defence of duress. Statute Law (also known as Acts of Parliament or Legislation) is laws made by Parliament, which is split into two Chambers: The House of Lords and the House of Commons. After a bill is approved by the two Chambers, it will receive formal approval from the Monarchy referred to as Royal Assent. This turns a bill into law known as an Act of Parliament. Statute law referrers to written law and gives a rigid and formal interpretation of the law. Case law comes from Judicial Precedent. Statutory interpretation falls to the court to apply it in certain cases. The statue will not cover all ambiguities / eventualities in each case. Therefore, rules have been created to avoid an unfair ruling. Firstly, the Literal rule: when the meaning of the words written in the statute are applied such as in the case of Fisher V Bell [1961]. A flick knife was displayed with a price tag therefore presented an invitation to treat and not presented as an offer. Secondly, the Golden rule: when the action of the literal rule would lead to an unacceptable result. In the case Re Sigsworth [1935], the son who murdered his mother to inherit the estate was denied. Finally, the Mischief rule: when an ambiguity in the statute occurs. Such as in Corkery v Carpenter [1951], as the defendant was in charge whilst drunk of his bike, he presented a danger to others on the road. Another source of English Law is Equity. It is an important aspect of the law as it is about fairness and justice. Common law can be quite harsh at times and can result in someone losing a case through no fault of their own. Equity provides a judge the ability to deviate from the strict written law in order not to disadvantage someone. One example is Bull v Bull [1955]. Due to the mothers contribution to the house, she could not be evicted. Together these areas of law are designed to keep people safe and to preserve order. If an issue arises that cannot be decided on precedent, statutory law decides the case. Contract law, tort law and property law exist mostly with case law, however, there are some written statutes that are relevant to these areas. Parliamentary Sovereignty is the supreme legal authority in the UK that can create or end any law. Courts cannot overrule legislation made by parliament although no parliament can bind a future parliament. In 1972, the UK handed over sovereignty to the EU meaning Europe overrule and takes precedence over Acts of Parliament. Any are outside of where the EU operates, Parliament retains its supremacy. The European Parliament and the Council of the European Union and 2 institutions of the European Union that create new laws and codes. The reason European law was created was to encourage economic growth, increase movement of people, goods and services between member states and allowing a common market to exist. The European Communities Act 1972 came into effect when the UK joined the EU January 1st 1973. Section 2(1) of the Act dictates European Law will take precedence over domestic law. Section 2(4) provides that when a judgment of a statute is interpreted, it is in accordance and consistent with EU law. Section 3(1) provides interpretation of legislation and treaties to be treated as a question of law. Courts must accept judiciary supremacy comes from EU law. This is evident in the case between Flaminio Costa v ENEL [1964]. The claimant lost the case because the ECC (European Civil Code) Treaty created its own legal system which became integral to the legal system of each member state. In this case the Italian legal system taking precedence over national law. Word Count 866 Task 2 Alternative Dispute Resolution (ADR) gives parties involved in commercial disputes and attractive alternative than going to trial. The Civil Procedure Rules 1998 (CPRs) actively encourage its use. Here we can see how these rules effect the Pre-Trial Conduct and what the likely position regarding costs to the Montague Builders Ltd will be. There are 2 types of ADR process, Adjudication and Consensual. Adjudication consists of a third party to consider a dispute and provides a judgment (normally a judge, arbitrator or adjudicator). The decision made is enforceable on both parties. The consensual process is alternative method of dispute resolution. Here a third party is assigned to facilitate a solution. The disputing parties are to make the final decision, not the third-party member. The Civil Procedure Rules 1998 derives from Lord Woolf being commissioned in 1994 to writing a report Access to Justice released 1996. Reasons being it is too expensive, too slow, lacking equality and uncertainty over the amount of time and cost when reaching a settlement. The report recommended procedural change designed for a less confrontational and faster settlement. Simpler terminology was brought in to make courts more user friendly. These reforms are known as the Woolf Reforms. Practice Directions are placed within the Rules as guide lines to how: parties should operate, documentation required to be filed to the court and what would happen if not carried out properly. (Jones, 2011) The Civil Procedure Rules have an effect on the Pre-Trial Conduct. This could come down to costs assigned by a court if a party has not complied or ignored order made during an adjudication. Practice Direction 44 General Rules About Costs, (Justice.gov.uk, 2016) section 44.2 has a breakdown of costs a court would commonly make. Therefore, regardless of the result of the trial, that party will most likely incur the costs of both parties. Rules such as this are in place to get parties to attempt settling disputes rather than brining a claim to trial. European Convention of Human Rights Article 6(1) Right to Fair Trial (Legislation.gov.uk, 2016) This means if pressured to use an ADR method, this would infringe their right to a fair trial. A party can however wave their right by contractually agreeing to resolve a dispute through the ADR Adjudication process such as in the case of Deweer V Belgium [1980]. Mediation is an effective way of setting a dispute as it assigns a third party, (who will be mutually appointed) to acts as a go-between facilitating discussions for the parties to come up with a solution. The solution however in not binding and cannot be enforced by the courts. At the end of the mediation, the parties will enter into a contract to carry out the solution achieved. The contact is binding and must be carried out. Many benefits come with mediation. Examples such as it enables the parties to control the settlement, produce creative ideas, keep the process informal, allows for collaboration between the parties. Relationships can be restored but one benefit in particular is that the case stays confidential. It prevents Washing dirty linen in public, meaning the details of the case becoming public record. Benefits of attempting Pre-Action Protocol is that chance of a settlement satisfying both parties becomes more likely as a third party whilst being in a neutral position, will actively seek the best result for both sides. If a settlement cannot be agreed and a trial is set, one or both sides will have to show all has been done in an attempt to settle. Mediation is not compulsory as it is a consensual process of dispute resolution. If one party refuses to attempt finding a solution through ADR and insists on a trial, that party is acting unreasonably. Taking into account how mediation has been offered to the client by Montague Builders Ltd and the refusal by the client without offering an alternative to mediation, lends itself to a likely conclusion that Montague Builders Ltd acted in a just and reasonable manner and the client showed themselves to be unreasonable. Should the client continue to refuse any attempts to settle through mediation, an appeal for the costs for the trial to be paid by the client regardless of the outcome would be justified. Such as in the case between Dunnett v Railtrack [2002]. Word Count 693 Total Word Count 1,559 References: Bull v Bull [1955] 1 QB 234 Corkery v Carpenter [1951] 1 KB 102 Deweer v Belgium 1980 2 ehrr 439 Donoghue V Stevenson [1932]AC 562 (HL). Dunnett v Railtrack [2002] EWCA Civ 302 Fisher v Bell [19610 1 QB 394: [1960] 3 WLR 919.DC Grant v Australian Knitting Mill [1936] AC 85 (PC) Human Rights Act 1998. 2016 Available at: http://www.legislation.gov.uk/ukpga/1998/42/schedule/1 [Accessed 24 Nov. 2016]. PRACTICE DIRECTION 44 GENERAL RULES ABOUT COSTS. 2016. Available at: https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part-44-general-rules-about-costs/part-44-general-rules-about-costs2#rule4.1 [Accessed 24 Nov. 2016]. Jones, L. (2011). Introduction to business law. Oxford: Oxford University Press R v Howe Bannister [1987] 2 WLR 568 (HL) Re Sigsworth [1935] 1 Ch 98 Bibliography: Hg.org. (2016). Case Law Common Law. [online] Available at: https://www.hg.org/case-law.html [Accessed 18 Nov. 2016]. TheFreeDictionary.com. (2016). common law. [online] Available at: http://legal-dictionary.thefreedictionary.com/common+law [Accessed 18 Nov. 2016]. Common.laws.com. (2016). Common Law V Statutory Law Common | Laws.com. [online] Available at: http://common.laws.com/common-law/common-law-v-statutory-law [Accessed 19 Nov. 2016]. E-lawresources.co.uk. (2016). e-lawresources.co.uk. [online] Available at: http://e-lawresources.co.uk/Home.php [Accessed 18 Nov. 2016]. Legislation.gov.uk. (2016). Human Rights Act 1998. [online] Available at: http://www.legislation.gov.uk/ukpga/1998/42/schedule/1 [Accessed 24 Nov. 2016]. Jones, L. (2011). Introduction to business law. 1st ed. Oxford: Oxford University Press, pp.31-32. Michael-dawson.co.uk. (2016). Michael Dawson Accredited Mediator. [online] Available at: http://michael-dawson.co.uk/dunnett-v-railtrack.php [Accessed 22 Nov. 2016]. UK Parliament. (2016). Parliamentary sovereignty. [online] Available at: https://www.parliament.uk/about/how/role/sovereignty/ [Accessed 19 Nov. 2016]. Justice.gov.uk. (2016). PRACTICE DIRECTION 44 GENERAL RULES ABOUT COSTS. [online] Available at: https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part-44-general-rules-about-costs/part-44-general-rules-about-costs2#rule4.1 [Accessed 24 Nov. 2016]. Justice.gov.uk. (2016). Rules Practice Directions Civil Procedure Rules. [online] Available at: https://www.justice.gov.uk/courts/procedure-rules/civil/rules [Accessed 24 Nov. 2016]. Hg.org. (2016). Statutory Law. [online] Available at: https://www.hg.org/statutory-law.html [Accessed 18 Nov. 2016]. Chcs.org.uk. (2016). The Law Making Processes of the EU. [online] Available at: http://www.chcs.org.uk/eu-law-making-process.htm [Accessed 22 Nov. 2016]. Wild, C., Weinstein, S., Smith, K. and Keenan, D. (2013). Smith Keenans English law. 17th ed. Edinbrough.

Sample Survey Questionnaire

Good day! The researcher is conducting a study entitled, â€Å"Advantages and Disadvantages of a First Year Cadet who has a Cousin on the Senior Classes†. This survey will serve as an instrument in the fulfillment of the said study. The researcher also hopes for honest answers which will be based on your own experience inline with the study. The researcher also assures you that your response will be kept confidential. Truly yours, E/Cdt. Sesgundo, Jun Paulo B. Researcher Personal Information: Name (Optional):_____________________________ Age: ______________ Year and Section: _____________________________Instructions: Put whether your answer is strongly agree, agree, disagree or strongly disagree through their corresponding numbers as listed below; 4 – Strongly Agree 3 – Agree 2 – Disagree 1 – Strongly Disagree |Questions |Response | |A. |Did your cousin from the higher classes help you in entering NYK-TDG Maritime Academy? | | |B. |Does your cousin from the higher classes help you in your daily life inside NYK-TDG Maritime | | | |Academy? | |C. |Does your cousin from the higher classes help you in your academic subjects? | | |D. |Does your cousin from the higher classes help you when other senior bullies you? | | |E. |Does your classmates and batch mate benefits from you on having a cousin on the senior classes? | | |F. |Did some of your classmates and batch mate criticize you on having a cousin from the senior | | | |classes? | | |G. Have you been given a corrective measure from another senior just because of having a cousin from | | | |the higher classes? | | |H. |Have you once used your cousin’s name as an alibi for having done a violation? | | | |Does your cousin from the higher classes give you a corrective measure for having done a | | |I. |violation? | | |J. |Is your cousin from the higher classes going on bonding with you during liberties and vacations? | | |K. Does your cousin from the higher classes cares abo ut you in terms of your attitude performance | | | |towards other cadets? | | |L. |Is your cousin from the senior classes bias between you and your other fellow first year cadets? | | |M. |If your cousin is bias with you and other first year cadets, are you in favor of it? | | |N. |Did your cousin from the higher classes give a corrective measure to other cadets because of | | | |bullying you? | |

A Reflection On The Classroom Essay - 1640 Words

Part Two: Reflective Critiques Artifact A: Detailed drawing of the classroom The rational for the classroom is to build a collectivistic environment for learning. Students are positioned in 2 H’s and each of specific table is its own group. The rest of the classroom area is around the outside of the student desks. The classroom is also set up which allows all students to be visible to the teacher no matter where in the classroom. I believe the classroom set up is effective because of the community that is created in the different areas of the classroom. I also think that it is specifically important that all students visible no matter where they are at in the classroom. Knowing the high needs of the students and their background tendencies to hide when they get overwhelmed. The area of the first H- tables allows students who need to be in chairs to not have to move their chairs to the carpet. I believe that for this class I would not change because they foster a collectivistic learning environment, which supports student from diverse collectivistic ba ckgrounds. They downside of being of this having this environment is when they must be in an independent testing environment. This desk set up aligns with my teaching style and personality because of the inclusive environment, which encourages collectivistic learning. I also think it is important personally to have an open space plan to know where all students are located in the classroom. 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Within this reflection you will find out how I would better plan an effective lesson for the pupils in my future classroom. You will also discover what I will do aboutRead MoreClassroom Reflection1017 Words   |  5 Pagesconcepts that will stick with me for years. I learned that there are many ways in which to facilitate peer learning that doesn’t just mean talking to people from a PowerPoint. There are fun and new ways that we can present and engage learning within a classroom. I also learned that facilitating peer learning means a lot more than jus t listening to what the students must say or just talking at them. Facilitating peer learning encompasses everything from having to help give ideas to peers that they mightRead MoreClassroom Reflection1256 Words   |  6 PagesMy experience was informational. I was able to see how my students are inside the classroom environment with my teacher how they are in art. I was also able to observe another classroom and see how they differ from my class. All of these are completely different spaces where the children act differently. Comparing these different environments provided a unique insight into how these children act differently depending on who is around. Having been with these children a lot now, I have the abilityRead MoreClassroom Reflection739 Words   |  3 Pages Although my principal observed my classroom instruction as mandated, she never visited my classroom again. When she retired at the end of my sixth-year teaching, my principal had not formally evaluated in years. Mercy’s current principal arrived in the fall of 2012, and she made plans to visit classrooms regularly. I was initially nervous, but I felt hopeful at the same time. She frequently performed informal walk-throughs, and she conducted formal classroom observations that year. UnfortunatelyRead MoreClassroom Reflection809 Words   |  4 Pageshelpful with engagement in the classroom. The Industrial Tic Tac Toe caught my eyes because I am actually using it to complete this assignment and it gives me complete autonomy over my work, which is the point. When trying to engage students, I learned from the guidelines, is that you should give your students autonomy and when you give them choices, theyre more willing to engage. Using the Tic Tac Toe assignment is a good way for engagement. When I have my classroom of 6th graders, I want to useRead MoreClassroom Reflection1018 Words   |  5 Pagesthat were taking place in the classroom. Before the class started, however, she introduced me to the class for the sake of making the children comfortable with my presence around them. The time that I spent in the classroom was enough for me to make a right amount of critical observations. 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As in life, building strong relationships allows all parties to interact with meaning and learn from each other. When teaching there are two parties that are very different that you are trying to work along and ensure that each has the knowledge and support they need to feel comfortable with you as a teacher and a mentor to their childrenRead MoreClassroom Reflection1538 Words   |  7 Pagesobserving in Jihan’s classroom for the Teach phase of this project, my group members and I met to discuss the strengths and weaknesses of the classroom and identify areas that needed support for our selected students. From the articles we have read in class, we know that in order to learn a language a child requires the opportunity to be exposed to the language and hear it used and the opportunity to practice using it. With this in mind, we used the Communication Supporti ng Classrooms Observation Tool

Dr. Antonia And Colleagues Report On The Combination Of...

In this issue of Lancet Oncology, Dr. Antonia and colleagues report on the combination of durvalumab and tremelimumab in patients with non-small cell lung cancer (NSCLC).1 After the recent approvals of nivolumab and pembrolizumab in NSCLC,2, 3, 4 there is a near frenzy of attempts to combine agents with inhibitors of the PD-1 immune checkpoint. Some efforts are based on only the shakiest of scientific evidence. However, the combination of durvalumab, a PD-L1 inhibitor, and tremelimumab, a CTLA-4 inhibitor, has a sound scientific basis. Dual checkpoint inhibition is now an established treatment option for patients with advanced melanoma.5, 6 Yet, concerns about this combination in NSCLC exist. First, as in melanoma, the toxicities of†¦show more content†¦The immaturity of the data is underscored by the disposition at the time of analysis. Patients were more likely to have discontinued based on adverse events than to have had disease progress or be continuing therapy. Although tolerability looked better when only patients receiving tremelimumab 1 mg were analyzed, even in that group, 30% of patients had a related grade 3 adverse event, with 16% of patients discontinuing due to an adverse event and 4% dying from the study therapy. For comparison, in the studies that led to approval of pembrolizumab and nivolumab, grade 3 related adverse events were seen in 7-10.5%, adverse events led to discontinuation of study therapy in 0.2-3.8% and death was related to study treatment in 0-0.3%.2, 3, 4 So, with this increase in toxicity over single agent inhibition of the PD-1 checkpoint, an increase in efficacy would be required to support development of the combination. At the doses of tremelimumab considered tolerable, among PD-L1 positive patients (based on staining in 25% of the cancer cells), the response rate does not appear superior to single agent PD-1 inhibition.2,4 However, among those without high level PD-L1 expression, 4 of 14 patients responded to the combination, while with approved agents, no more than 2 patients would anticipated to respond.2,4 With this data, we