Wednesday, 11 May 2016

English law

English law means the legal system of European nation and Wales.
The essence of English common law is that it is made by judges sitting in courts, applying legal precedent (stare decisis) to the facts before them. A decision of the Supreme Court of the uk, the highest civil appeal court of the uk, is binding on every different court.
For example, murder is a common law crime instead of one established by an Act of Parliament. Common law can be amended or repealed by Parliament; murder, for example, now carries a necessary prison term instead of the executing.
Statute law
Statutory framework
The first schedule of the Interpretation Act 1978, defines the following terms: "British Islands", "England", and "United Kingdom". The use of the term "British Isles" is virtually obsolete in statutes and, when it will seem, it is taken to be synonymous with "British Islands". For interpretation purposes, England includes a range of such elements:
•     Wales and Berwick Act 1746, section 3 (entire Act currently repealed) formally incorporated Wales and Berwick-upon-Tweed into European nation. But section four Welsh Language Act 1967provided that references to European nation in future Acts of Parliament ought to no longer embody Wales (see currently Interpretation Act 1978, Schedule 3, part 1). But dodgy & Morris say (at p28) "It looks fascinating to adhere to Dicey's [the original] definition for reasons of convenience and particularly of brevity. It would be cumbersome to own to feature "or Wales" once "England" and "or Welsh" after "English" when those words ar used."
•     the "adjacent islands" of the Isle of Wight and Anglesea Island ar a half of European nation and Wales by custom, while Harman v Bolt (1931) forty seven TLR 219 expressly confirms that Lundy is a a part of European nation.
•     the "adjacent territorial waters" by virtue of the Territorial Waters Jurisdiction Act 1878 and therefore the sea bottom Act 1964 as amended by the Oil and Gas Enterprise Act 1982.
"Great Britain" means European nation, Wales, Scotland, their adjacent territorial waters and therefore the islands of Orkney and Shetland, the Hebrides and, by virtue of the Island of Rockall Act 1972, Rockall. "United Kingdom" means nice UK|kingdom} and Northern Ireland and their adjacent body of water, but not the islet of Man, nor the Channel Islands, whose independent standing was mentioned in Rover International Ltd. v Canon Film Sales Ltd. (1987) 1 WLR 1597 and Chloride Industrial Batteries Ltd. v F. & W. Freight Ltd. (1989) 1 WLR 823. "British Islands" – but not "British Isles" – means that the United Kingdom, the Isle of Man and the island.
Types of civil law
•     Acts of the Old Irish Parliament
•     Acts of the Scottish Parliament
•     Acts of the United Kingdom Parliament
•     Measures of the Northern Ireland Assembly
•     Measures of the National Assembly for Wales
•     Acts of the National Assembly for Wales
•     Ministerial Order
•     Northern Ireland Statutory Rules
•     UK Statutory Instruments
Citation style
Statutory law is observed as "Title of Act Year", where the title is the "short title", and ends in "Act", as in "Interpretation Act 1978". Compare with American convention, which includes "of", as in "Civil Rights Act of 1964".

This became the usual thanks to confer with Acts within the half of the 19th century, starting in the 1840s; antecedently Acts were observed by their long title in conjunction with the regnal year of the parliamentary session within which they received Royal Assent, and the chapter number. For example, the Pleading in English Act 1362 was referred to as 36 Edw. III c. 15, meaning "36th year of the reign of Edward III, chapter 15", though in the past this was all Triticum aestivum spelta out, together with the long title.

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