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.

Task 7. Read the following statements and decide if they arc true or false. Correct the false ones.

1) Common law systems differ from Continental law systems in having developed gradually throughout history as the; result of government's attempts to define every legal relation.

2) Until 1066 Law in England was administered by three common courts in London.

3) The doctrine of precedent started developing in England under the Norman Kings.

4) By the principle of the doctrine of precedent judges look to the government to write new laws to apply to each new case.

5) In Common law systems governments never make new laws.

6) There were two systems of justice in England until 1873.

7) In England lawyers still have to pursue common law and equitable claims in different courts.

9) Legislation is the most important source of new laws in Common law systems.

Task 8. In Russian the word ‘legislation’ has the following meanings;

1. законодательство, законодательная деятельность;

2. закон, законопроект;

3. нормотворческая деятельность.

A. Match the following word combinations to their Russian equivalents.

1) legislation by reference a) выступить с законодательной

инициативой

2) legislation by veto b) «протаскивать» закондательство

3) legislation in force c) предлагать законодательство

4) to adopt (pass) legislation d) осуществление законодательной

деятельности с отсылкой к другому

закону

5) to initiate legislation e) принять законодательство

6) to introduce legislation f) ветирование законодательства

7) to offer legislation g) действующее законодательство

8) to promulgate legislation h) внести законопроект

9) to sponsor legislation i) обнародовать законодательство

B. Choose any three words combinations and make your own sentences.

Task 9. In groups of 4-5 discuss the following questions.

1. What is the difference between Common law systems and Continental law systems?

2. What are the main features of common law systems? How do they work?

3. How does the operation of Common law systems differ from the one of the Russian Federation?

4. What advantages of Common law systems would you apply to improve the Russian law system?

5. What are the main features of common law systems? How do they work?

Task 10. Summarize the text and tell your group mates about;

1. differences between Common law systems and Continental law systems;

2. the development of common law in England and main principles of its operation;

3. the spread o common law in the world.