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source of law - smth (such as constitution, treaty, statute, custom) that provides authority for legislation and for judicial decisions/ by which the law come to be existence

common law -

1. The body of law derived from judicial decisions, rather than from statutes or constitutions.

2. The body of law deriving from law courts as opposed to those sitting in equity.

statute - the most important form of law, in the sense that it prevails over most of the others,

primary legislation - form of law created respectively by the legislative and executive branches of governments in representative democracies. Consists of acts of Parliament almost.

delegated (secondary) legislation - in the UK, laws, rules, etc. made by a person or group other than parliament that has been given special powers to do this by parliament

itinerant justices - Royal officials sent around to the Shires(графства) to administer justice, check up on affairs, etc.

to adjudicate - to act as judge in a competition or argument, or to make a formal decision about something

precedent - an earlier occurrence of something similar / the making law be a court in recognizing and applying new rules while administering justice

stare decisis - legal doctrine that obligates courts to follow historical cases when making a ruling on a similar case.

law report (reports of cases)- are series of books that contain judicial opinions from a selection of case law decided by courts. When a particular judicial opinion is referenced, the law report series in which the opinion is printed will determine the case citation format.

hierarchy of courts- A court hierarchy establishes which decisions are binding on which courts. There are some exceptions and complications to what follows but, in general and for most purposes, the higher up a court is in the hierarchy, the more authoritative its decisions.

evidence - the available body of facts or information indicating whether a belief or proposition is true or valid.

ratio decidendi - The term refers to a key factual point or chain of reasoning in a case that drives the final judgment / the rule of law on which a later court thinks hat a previous court founded its decision;

a general rule without which a case must have been decided otherwise

obiter dictum - a judicial comment made while delivering a judicial opinion, but one that is unnecessary to the decision in the case and therefore non precedential (судебное замечание, сделанное при вынесении судебного заключения, но не являющееся необходимым для решения по делу и, следовательно, не имеющее прецедентного характера)

binding precedent - A precedent that a court must follow / is a legal rule or principle, articulated by an appellate court, that must be followed by lower courts within its jurisdiction.

persuasive precedent - A precedent is 'persuasive' if it was established by a superior court that is not higher in the hierarchy of courts. This means that the precedent should be seriously considered, but is not required to be followed.

judgment - a decision or opinion about someone or something that you form after thinking carefully

to bring a case- to begin a court case in order to try to prove that someone has done something wrong or is legally responsible for smth

to follow a case- to observe the court case

to distinguish a case - means a court decides the holding or legal reasoning of a precedent case will not apply due to materially different facts between the two cases.

to overrule a case - is the procedure whereby (посредством чего) a court higher up in the hierarchy sets aside a legal ruling established in a previous case.

to reverse a case - – the Appellate Court decides that the decision of the lower court was wrong.

equity - a body of law that grew up under the control of the royal official known as the Chancellor

writ - a document issued by senior civil court to start a court action (документ, выданный вышестоящим гражданским судом для возбуждения судебного дела)

claim- the legal document which carries a claim is often called a 'statement of claim' in English law, or a 'complaint' in U.S. federal practice and in many U.S. states. It can be any communication notifying the party to whom it is addressed of an alleged fault which resulted in damages, often expressed in amount of money the receiving party should pay/reimburse.

litigant - a person involved in a lawsuit.

remedy - any of methods available at law for the enforcement, protection or recovery of rights or for obtaining redress for their infringement

(любой из способов, предусмотренных законом для обеспечения соблюдения, защиты или восстановления прав или для получения возмещения за их нарушение)

to seek - to ask for something officially, such as a court order or enforcement of a judgment etc.

redress - remedy / a means of seeking relief or remedy (средство поиска помощи или средства правовой защиты)

damages - loss or harm resulting from injury to person, property, or reputation. Compensation!!!

petition - a written application to the court for a legal remedy, such as damages or injunction (письменное заявление в суд о средствах правовой защиты, таких как возмещение ущерба или судебный запрет)

Lord Chancellor - head of the English judicial system and an important member of the government, remarkably contrary to any notion of separation of powers.

specific performance - is an equitable remedy in the law of contract, whereby a court issues an order requiring a party to perform a specific act, such as to complete performance of the contract. является средством правовой защиты по праву справедливости в договорном праве, когда суд издает приказ, требующий от стороны совершения определенного действия, например, полного исполнения договора.

merits (on its merits) - The phrase “on the merits” refers to a case whose decision rests upon the law as it applied to the particular evidence and facts presented in the case. Фраза «по существу» относится к делу, решение по которому основывается на законе, применимом к конкретным доказательствам и фактам, представленным в деле.

jurisdiction- the official authority to make (esp. legal) decisions and judgments.

injunction - a judicial order restraining a person or body form carrying out a specific action, or requiring the carrying out of an action (судебный приказ, ограничивающий лицо или орган от совершения определенного действия или требующий совершения действия)

Court of Chancery-***was a court of equity in England and Wales that followed a set of loose rules to avoid a slow pace of change and possible harshness (or "inequity") of the common law

Many people were unable to seek redress for wrongs through the common law courts. Many of these dissatisfied parties petitioned the king, who was thought of as the 'fountain of justice'. These petitions were commonly passed to the Chancellor, the king's chief minister, as the king did not want to spend time considering them.

by 1474, the Chancellor had begun to make decisions on the cases on his own authority, rather than as a substitute for the king.This was the beginning of the Court of Chancery.Litigants appeared before the Chancellor, who would question them, and then deliver a verdict based on his own moral view of the question.

Unit I. History and sources of english law

Texts 1, 2, 3

1. The main sources of English law

source - development in which law based they can be written or unwritten

there are few types of sources:

  1. major - Acts of Parliament (statute law) - case law - International law - delegated legislation=secondary legislation (made by executive branch)

  2. minor - tradition - custom - law made by international organizations (convention, treaties) - equity (existed in case law ) - not principle, system of law (historic)

2. Case law: definition, historical development, main principles

case law - law based on decisions that have been made by judges in the past

System of law before Norman conquest was destroyed. When William the Conqueror gained the English throne in 1066 he established a strong central government and began to standardize the law. Representatives of the king (itinerant judges) which were sent out to the countryside to check local administration + they had power of adjudication in local disputes. Their opinions and information were used in discussion about acceptance of rational customs from different parts of the country. Whenever a new problem of law came to be decided, the decision formed a rule to be followed in all similar cases, making the law more predictable.

2 basic tasks in deciding a case: In deciding a case, there are two basic tasks:

  • first, establishing what the facts are, meaning what actually happened;

  • secondly, how the law applies to those facts.

It is the second task that can make case law, and the idea according to which a decision made by high court judges must be followed in all similar cases. And once a decision is made on how the law applies in a set of facts, similar facts in the later cases should be treated in the same way.

Concept of ratio decidendi and obiter dicta The judges listen to the evidence and the legal argument and then prepare a written decision as to which party wins. This decision is known as the judgment containing ratio decidendi and obiter dicta.

Ratio decidendi is the explanation of the legal principles on which the judge has made a decision (Latin for «reason for deciding»). It is a part of judgment, known as binding precedent, which forms case law.

Obiter dicta is all the other parts of the judgment which do not form part of the ratio decidendi. None of the obiter dicta forms part of the case law, though judges in later cases may be influenced by it, and it forms a persuasive precedent.

Differences between following, distinguishing, overruling, reversing a case: When faced with a case, the judge an do anything of the following:

"Following a case" means that If the facts are sufficiently similar, the precedent set by the earlier case is followed, and the law applied in the same way to produce a decision.

"Distinguishing a case" - where the facts of the case are different from those of the earlier one, then the judge distinguishes the two cases and need not follow the earlier one.

"Overruling a case" - where the earlier decision was made in a lower court, the judges can overrule that earlier decision if they disagree with the lower court's statement of the law. The outcome of the earlier decision remains the same, but won't be followed.

"Reversing a case" - if the decision of the lower court is appealed to a higher one, the higher court may change it if judges feel the lower court has wrongly interpreted the law.

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