Two main sources of law in the common law system are statutes and judicial decisions. The UK’s law inherited from the authority of courts which developed over the centuries, following the ‘stare decisis’ doctrine which built the stability and certainty in the law. This law survived for over a thousand years even in the absence of the statutory regulations in some areas. However, the Parliament as the supreme law-making body has the power to override or change current case law through the legislation but its power has been significantly weakened since signing the European Community Act in 1972. The membership covers some important areas as communication, trade and the human rights therefore influencing domestic law significantly. (OU, 2014, Unit 4)
There is a debate about the prevailing role of a statute over the common law in the light of development of civil and criminal liability and this essay will provide evaluation whether or not this statement is accurate based on the legal system in England and Wales.
Both, the statute and the case law cover the criminal and civil disputes, their rights and responsibilities. Civil liability can be illustrated by examples of contract law and the tort law, whereas criminal culpability will involve examples of offences, such as dangerous driving causing death and sexual offences.
There are some precedents dating back to the seventeenth century such as Pinnell’s Case (1602) which established a doctrine, that a payment of a lesser sum cannot be a satisfaction for a greater sum, which was used in following similar cases such as Foakes v Beer (1884), Combe v Combe (1952), Atlas Expresss Ltd v Kafco (1989), proving that the case law is still relevant to the today’s issues and can effect...
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...ract law and the law of torts, with an exception to a small confusion over addressing correctly ‘mens rea’ of the criminal case and partially wrongly concluding this element when selecting the answer. One of the questions I completely misunderstood, as to what needs to be proven by prosecution. I am a person who learn from my own mistakes, however would prefer to learn from someone else’s, and therefore I am sure that a special emphasis will be put on criminal law to learn it to a perfection. Having a clear understanding of my current goals, my knowledge and weighing them against my ambitions, I know that I need to make a rapid progress to be more satisfied with my study and marks for my work. Therefore, my plan is to spend even more time reading and researching the primary and secondary sources and to find time for reading all these law books which I already ordered.
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