Common law in the UK

The legal.system in many countries, including Australia, Canada (except Quebec), Ghana, Hong Kong, India, Jamaica, Malaysia, New Zealand, Pakistan, Tanzania, the USA (except Louisiana), the Bahamas, and Zambia, is based on law. The common law consists of the substantive law and procedural rules that arc created by the _____ and made in the courts. Although legislation may _____

such decisions, the legislation itself is _____ and refinement in the courts.

Essential to the common law is the _____ in all of the UK jurisdictions and the principle of _____ in practice, this means that the decision of a higher court is _____ a lower court, that is, the decision must be followed, and in the course of a trial the judges must refer to existing precedents. They'll also consider decisions made in a lower court, although they're not _____ them. However, a rule set by a court of a greater or equal status must be _____ if it's to the point – relevant or pertinent.

During a trial, a counsel will cite cases and either attempt to distinguish the case at trial from those referred to or, alternatively, argue that the rule at law reasoned and established in a previous case is _____ and should be followed. Hence the term case law. A case will inevitably involve many facts and issues of evidence. The eventual decision itself doesn't actually _____. The precedent is the rule of law which the first instance judge _____ in determining the case's outcome.

Judges in a case may make other _____. Whilst not constituting

binding precedents, these may be considered in subsequent cases and may be cited as _____ if appropriate. Since the Human Rights Act of 1988, all courts in the United Kingdom must now refer to the ultimate authority of the European Court of Human Rights, including all previous decisions made by that court.

The development and application of the common law system pivots upon the existence of a comprehensive system of reporting cases. The Law Reports, published annually by the Council of Law Reporting, are perhaps the most authoritative and frequently cited set of reports, differing from other series of law reports, such as Butterworth's All England Law Reports (All ER] or specialist reports like Lloyds Law Reports, in that they contain summaries of counsel's arguments and arc revised by the judge sitting in each respective case before publication. Cases aren't always reported in the year that they are decided so a case citation will refer to the volume and year in which the case was published, for example Meah v Roberta, [1978] 1 All ER 97. Developments in electronic databases have increased public access to recent cases.

Date: 2015-10-19; view: 1067; Нарушение авторских прав