Introduction to Law # 2

Review
(Categories and Sources of Law)
 Case Brief – Vauxhall Estates
• Title: Vauxhall Estates v. Liverpool Corporation
(1932)
• Facts: In 1928, the UK Ministry of Health made a
plan for street improvements. As part of the plan, the
government required some landowners to sell their
property to the government. The government would
be required to pay the landowners for the property.
• Issue: Whether the 1925 Act or the 1919 Act applies
for the purposes of determining how much money
sellers receive.
• Decision: The 1925 Act impliedly repeals the
1919 Act.
• Reasoning: The 1919 Act is inconsistent with
the later passed 1925 Act.
• Analysis: This is an important case because it
shows that laws more recently passed by
Parliament may repeal earlier laws if they are
inconsistent. That means that Parliament
doesn’t have to expressly repeal a law in order
for it to no longer be valid.
 Review Objectives
What is law?

• Categories of law

• Sources of Law

• Brief Comparisons
 What is Law?
• Law provides rules
• It tells us what we can and cannot do
• This is true in our personal lives (eg criminal
law)
• And in our business lives (eg contract law)
• Therefore, it is important for a businessperson
to know the rules which apply to them
• However, law is more than just rules
• Societies require order to allow people to live
and deal with each other
• Law is a means of creating and maintaining
social order
• It does this by helping to deal with arguments
and conflicts
• Different countries have different forms of law
and social order
• In this module, we shall be looking at some
basic legal principles
• However, many of these principles can be
found in other legal systems
– even if the details are different
 Categories of Law
Law is a very large field, and it is common to
divide it into categories
• common law and civil law
• common law and statute law
• private law and public law
• civil law and criminal law
 Common law & Civil law
• A legal system is the way the law is structured
and operated in a country

• Common Law and Civil Law are terms used

to describe legal systems
 Common Law
• Common Law is used to describe legal
systems based on the English legal system

• These are usually countries which were once

part of the British Empire
– eg: America, Australia, New Zealand
 Civil Law
• Civil Law is used to describe legal systems
which are based on old Roman Law (from the
Roman Empire in what is now Italy)
• eg: France, Germany
 Common Law v. Civil Law

Common Law Civil Law

• Case law and the courts • Consists of a legal code

are most important of general principles
source of law which is the source of
law
 Common Law and Statute Law
• Common Law is the law and procedures
created by courts (ie judges)
• Statute Law is legislation created by the
government
– in England, this is Parliament at Westminster
– eg Sale of Goods Act 1979
– eg Employment Relations Act 1999
 Common Law v. Statute Law
• Since the early 20th century, most English Law
has been created (“enacted”) by statute
– Acts of Parliament

• However, the courts still have an important

role to play in deciding on the effect of statutes
 Private law & Public law

• Private Law and Public Law are concerned

with relationships
 Private Law
• Private Law deals with the relationships
between ordinary people in everyday
transactions
• That includes you and me, as well as
businesses and companies
• Private Law includes the law of contract and
the law of tort
 Public Law
• Public Law deals with the relationships
between government organisations and
ordinary citizens
– also between different government organisations
• Public Law includes constitutional law,
administrative law, and criminal law
 Civil Law & Criminal law
• In this category, “civil law” has a different
meaning from the Common Law and Civil Law
category
 Civil Law
• In this category, civil law deals with the
relationships between individual citizens
• Its purpose is to settle arguments between
individuals
• It helps people to find remedies
– it doesn’t really punish people
• Civil Law includes all Private Law and some
Public Law
 Criminal Law
• Criminal Law deals with rules created by the
State which forbid certain behaviour
• These are “crimes”
• Criminal Law punishes people
– it does not provide remedies
• Criminal Law is usually what people think of
when they think about “The Law”
• Criminal Law is part of Public Law
 Criminal Law & Civil Law
• A very important difference between criminal
law and civil law relates to court cases
• In a criminal case, the prosecutors (ie the
State) must prove their case beyond
reasonable doubt
• In a civil case, the parties only have to prove
their case on the balance of probabilities
 Legislation
• Domestic legislation is created by Parliament
• Domestic legislation is introduced by the
government
• Although we said earlier that the legal system
is a common law system, legislation is now
the main source of law
• However, the courts are still important as they
help to interpret the legislation
• Each piece of legislation is an Act of
Parliament
• They are recorded in statute books which
anyone can refer to
 Case Law
• Decisions of the courts can help to develop
and explain the law
• As we will see in the next class, the decision in
one case can influence the decision in another
case which comes after it
• Although legislation can overrule case law,
cases law can help to show the practical effect
of legislation
• cases are recorded in books called law reports

• Lawyers refer to these when

– they advise their clients
– they are arguing their client’s case in court
 China
• The Chinese legal system has similar
characteristics to a civil law system
• This is partly because in Chinese history
written laws and codes were important
– as far back as the Qin Dynasty
• Also partly due to European influences on
China in the 19th and 20th centuries
• The Chinese legal system is distinct from other
legal systems, but its structure is similar to
civil systems like France and Germany
• Chinese legal experts view legislation as more
important than case law
• In fact, case law is not considered to be a
source of law in China
• Sources of law in PRC
• Statutes made by the National People’s Congress
have the highest authority
– constitutional laws, civil codes, and criminal codes
• Administrative regulations by the State Council
cannot be in conflict with statutes.
• Cases are not considered official sources of law,
though decisions of the Supreme People's Court are
used as a guideline by lower courts when the law is
unclear.
 England PRC

• Common Law system • Civil Law System

• Sources of Law • Sources of Law
– European Union – Domestic Legislation
– Domestic Legislation (NPC and State Council)
– Case Law • Case Law not important.
• Case Law important in Only used by lower
developing and courts when the law is
explaining the law unclear.
 Summary
• Law provides rules which give businesspeople
a framework for conduction their business
– they know what they can and cannot do
• Categories of law
– Common Law and Civil Law
• refer to legal systems
• England has a common law system
• China is closer to a civil law system
• Categories of law (cont.)
– Common Law and Statute Law
• common law comes from decisions of the courts
• statute law comes from legislation made by the
government
– Private Law and Public Law
• private law concerns individuals
• public law concerns institutions of state
• Categories of law (cont.)
– Civil Law and Criminal Law
• civil law deals with relationships between individuals
• criminal law deals with forbidden behaviour
• Sources of English Law
– European Union
– Domestic Legislation
– Case Law