The Legal System: The Criminal Courts and the Layman The common law has always been administered in the King`s courts, and justice has developed as a separate system of primarily discretionary aids administered by the Lord Chancellor, often as a means of mitigating the injustice committed by the inflexible rules of the common law. Simple concepts such as trusts are now generally treated as part of the activities of the Chancery Division before the High Court, but since the judicial acts of 1873-75, when the systems of law and equity were amalgamated, they are no longer treated as separate courts and legal and equitable remedies can be provided in all courts. The UK is divided into three main (or autonomous jurisdictions): Legal Classics Library. Complete text of more than 100 legal texts, including Blackstone`s Commentaries (1803), Cardozo`s Growth of the Law (1924), and the first edition of Story`s Commentaries on the Constitution of the United States (1833). The provincial laws of Canada include the provincial laws of ten of the Canadian provinces. Contains public and private laws passed by Canadian provincial governments. Up-to-date, revised and historical content is now available for Alberta, British Columbia, New Brunswick, Nova Scotia and Ontario. Historical and revised content is only available for Manitoba, Newfoundland and Labrador, Prince Edward Island, Quebec and Saskatchewan. LNB is also an excellent source of US primary legal documents and contains a large amount of legal commentary from the UK and US. Most of the Bodleian Law Library`s British paper collection is located on the ground floor of the library. Legal reports are at Cw UK 100 and reviews at Cw UK 300.
British legal monographs are catalogued with different class characters, making it easy to search, this section starts at K to KZ before the main series of legal reports and journals. The legislation on paper can be found on floor 1. The common law is the law declared by judges, derived from custom and jurisprudence. It was born with the legal reforms of King Henry II in the 12th century and was called “common” because it was also true throughout the country. The doctrine of binding jurisprudence, according to which courts follow and apply the principles set forth in previous cases decided by higher courts, called “courts of record”, is also known by the Latin expression “stare decisis”. Lexis Nexis Butterworths (LNB) contains primary and secondary legal documents from the UK, EU, US and many other countries. A tort is a legal wrong. An action in tort usually requires the plaintiff to prove that the defendant had a “duty of care” and breached that duty. The classic types of tort claims are those based on negligence, harassment, defamation, misuse of private information, etc. Sometimes a claim may involve both contract and tort, but a tort action does not require that there be a contract between the parties, but only that one of them has an obligation to the other. Such an obligation may have been developed either by common law or by statute.
A criminal case may be decided in a civil court if that court is a secular rather than a religious court, or if it is a court of a continental legal system such as that of the France. But a civilian court in the first sense, such as the Chancery Division of the High Court, will not hold trials for murder; Instead, such a case would be heard by a criminal court, for example.dem Crown Court. Below are books on legal research. Books and resources on the English and Welsh legal systems are available in the Legal System tab. The legal system: legal personnel and justice The legal system: civil courts and other forms of dispute resolution This guide is intended for students and researchers studying British law and legal systems at the University of Oxford, although students and researchers from all fields may find it useful. There are a number of important legal databases covering UK law. Below is a list of the most important databases or in the Legal Databases tab for more information and links to online tutorials. There is no database containing all UK legal material, but the 2 main databases are Westlaw Edge UK and LexisLibrary members OR can access both via their Oxford single sign-on details. For more information on this and a list of other useful electronic resources (including free resources), see the Database section in the left column or tab above for specific types of material.
Laws can be defined as the rules that govern people`s behavior in a civilized society. Unlike scientific laws, which are recognized from observation of the material universe and are immutable (although our knowledge of these may change), legal laws are decided and explained by humans and can be modified by subsequent human intervention. This is true regardless of whether the justification for the law is religious, philosophical or political in nature. Each jurisdiction has its own laws, judicial systems, lawyers and judges. However, this article mainly deals with the legal system of England and Wales, although there may be similarities with other jurisdictions. The Law Journal library contains more than 500 American, British, Australian and international law journals. For most journals, appointment scheduling starts very early (in many cases, from the first issue). However, the latest editions (during the last calendar year) are sometimes unavailable due to licensing restrictions. HeinOnline provides these journals annually on an ongoing basis. Common law rules may be replaced or replaced by statutes that are said to “prevail” or take precedence over the common law.
Theft offences, for example, based on the former common law offence of theft, are now governed by the statutes of 1968, 1978, etc.; And the original sentences for murder (but not the crime itself) were replaced by laws such as the Homicide Act 1957. Intellectual property law, as it is often called, deals with rights and obligations relating to patents, designs, copyrights and trademarks. Patents protect scientific inventions, which often have industrial or commercial value. Design rights protect the commercial value of a product`s design. Copyright refers to artistic works, whether written, composed, or otherwise created in artistic ways (therefore, a painting or illustration would generally be protected by copyright rather than a design right). Brands protect the identity and reputation of companies. Claims for “misleading marketing” (when a company impersonates itself or its products as those of another company) are also considered intellectual property rights. Some intellectual property rights must be registered before they can be enforced, but others are not. Disputes may arise as to whether a person was entitled to register the right and whether that registration was valid.
Justis One offers the ability to search British, Irish, Australian and Canadian judgments. The service also includes Justis Parliament and Justis Human Rights. Justis One provides access to a range of legal reports, transcripts and other documents from the UK, Ireland, Australia, New Zealand, Canada, the Caribbean and the EU. Media law deals with disputes relating to regulation and content published or disseminated by media organisations and individuals (e.g. journalists) who generate such content. The right to information deals with rights (e.g. freedom of information) and obligations (e.g. data protection) in relation to information. Communications law covers telecommunications, internet and social media, although there is considerable overlap with media and information law.
They are all part of the types of businesses covered by the Queen`s Bench Division`s Media and Communications List. Cases involving children may involve medical treatment to which they cannot consent because of their age or disability. Similar cases involving incapacitated adults are dealt with by the Protection Court, which also deals with administrative matters, such as the place of residence of an incapacitated adult, and decisions relating to his or her financial affairs. In addition, it contains the full text of Aspinall`s Maritime Law Cases, English Reports, State Trials, CCH Tax Cases, Immigration Appeal Reports, Inquest Law Reports, Mental Health Reports, Session Cases Archive, Irish Reports & Digest, Jersey Law Reports, Bermuda Law Reports, Cayman Islands Law Reports, The Singapore Law Reports and International Law Reports. It has particularly interesting collections of British cases and includes in particular The Law Reports and The All England Law Reports as well as numerous series of specialist reports. It is also a good source for UK legislation as it covers all UK laws and legal instruments in their current form. All content consists of scanned images of the original printed editions. This allows you to view the content as it was originally printed, along with page numbers and images. The Federal Register 1936-1995, and Index to the Register.
All are considered “persuasive” and can be considered by a court in the decision-making process, although the court is not obliged to do so. Use this guide to learn more about sources and commentaries for UK jurisdictions (England and Wales, Scotland and Northern Ireland), including e-books, e-journals and databases.