Types of Law and Sources in English Legal System

This assignment delves into the fundamental concepts of law, examining various categories such as criminal, civil, common, and administrative law. It further explores the sources of English law, distinguishing between primary and secondary sources. Students are expected to demonstrate a clear understanding of these legal distinctions and their significance within the English legal framework.

LAW

TABLE OF CONTENTS
INTRODUCTION....................................................................................................................................................1
Types of Law and various sources in the English legal system....................................................................1
CONCLUSION........................................................................................................................................................6
REFERENCES.........................................................................................................................................................7

INTRODUCTION
Law define various types of rules, regulation and principals which have to follow by
all the individuals as well as every organization. Law is the specific rule which is enforced by
the government. It can also able to protect the right of people and maintain equality among
people. The law is able to shape politics, economics etc. There are four types of law such as
common, civil, criminal and administrative law. The main aim of these laws are maintain
fraud free country and protect rights of people (Garavaglia, 2013). Common law is
established by customary traditions further, this law is varies between jurisdiction. In criminal
law various types of laws are framed for the person who commit criminal offence according
to this.
Types of Law and various sources in the English legal system.
Law is the legal system which is able to enforce through government which farmed
various types of rules and regulations. It consists act which are enforced with the prior
approval of Act of Parliament. Firstly, this bill is passed then it must be passed by Parliament
becomes an Act. Through this person who commit offence is must be punished and the
innocent person is not able to punished with any reason (Raz, 2013). There is a growing
concern that two or more people are comes in the contractual relationship and prepare a
written agreement. That agreement consist their set of duties and rights which they have to be
comply with them. There are various types of law which are as follows:
Substantive law- This law is able to define rights as well as responsibility of civil law.
It is existed in stautes and involved in precedent in common law. It consists both criminal and
civil law which are as follows;
Criminal law: This law is directly relates with the crime. The person who commits
offence is liable for the punishment which is mentioned under the law. Crime must be
consider as the person who harm body, health, mentally to other person in that case that
person is considers as a criminal.
In the case of cognizable offence it is consider as person commit non bailable offence
must be liable for the long term custody and huge amount of penalty (Shecaira, 2015). In this
case police not requires any type of arrest warrant for keeping the person in the custody.
These crime include commit murder, physically harm to person and serious illness to other
person because of criminal. Police ensures that criminal must be present in court within 24
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hours except the time of travelling from police station to court. For example; A shoot to B
with Gun and B died. This is the murder case and cognizable offence as well.
Apart from that in case of non-cognizable offence, is that person commit cognizable
offence means which is not serious in nature. Police must present arrests warrant for keeping
the person in custody. Police officer can be able to provide bail to the criminal on itself. For
example; A stole then purse of B which is not a cognizable offence or not serious in nature.
Civil law: This is the legal system which is originating in Europe. This law is able to
protect the private rights and remedies. It governs dispute arise between members which are
related to contract, property and any other law which are specified under the law. This law is
different from criminal (Boer and Van Engers, 2010). This law defines the remedies which
are able to solve the dispute created among two or more parties. Some branches of civil law
are as follows:
 Property law- This law covers both real as well as personal property. The personal
property involve tangible assets such as jewellery, animal, copyright, stock etc. On the
other hand real property stands with land and other assets which are cannot be easily
removed.
 Family law- This law is related with civil law which involve marriage, divorce, child
custody, birth, adoption and any other various types of issue which are able to affect
families.
Cases: Liebeck v McDonald's Restaurants, 1995, this case has been stated that, there
is 79 years old lady Stella Liebeck, who is the passenger in her grandson lady. She purchased
coffee from McDonald's when she removed the lie from cup, the entire coffee is fell down in
her lap and her legs burns. Then she claimed file against McDonald's for the damages caused
to her.
Public law- This law is able to maintain relationship among individual and
governmnet. Thy can directly protect the interest of people and provide various rights to them
as well. It is directly focuses on people and responsible to protect them as well.
Administrative law: This is able to govern the activities of agencies of government
which are related to administrative department. Further, it the branch of public law. This is
related with the creation as well as operational agencies. Government agencies are able to
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frame various types of rules and regulation which are related with the legal laws and
principals. Some terms which are involve in this law are as follows:
 Agency- It is the regulatory body which is established by the state legislature. This can
able to monitor the specific regulation.
Hearing- In this law administrative issues has been solved which are able to resolve matter in
a timely and efficient manner.
Private law- This law is able to maintain relationship among individual which is
considered as privately. It involves contarct as well as tort laws. This law implies on
organizations and maintain their overal operational function which governs rights as well as
duties of members.
 Contract law- This law stated that legal agreement is created among two or
more parties and both the parties have to comply with the rule and regulation
which are mentioned in that (Hage, 2014). If one of the party is not able to
fulfil their duty then it caused to breach of contract.
 Tort law- The tort means wrong whether it is civil wrong or private. This is
done by one person or entity with another which caused to legal injury or
damages. For that person have to pay monitory compensation for that.
Some sources of English legal system are as aligned below:
Primary sources- This can be framed by the government authority which involve,
court legislature, governor and so on. Primary sources are trustable and reliable in nature. It
consits some other laws which are as follows-
Case laws: It is the set of rulings by tribunals as well as Judges of court. The
interpretation of this rule is different from statutory law because these are legislative bodies.
The basic feature of English law is the Doctrine of Judicial Precedents in which court
has been take effective decision and take corrective action as well. Precedents are supreme
for providing judgement and try resolve matter which is created among parties. Proper
judicial decisions has been passed by them and use their powers as well. They have to two
objectives, firstly maintain legal system as well as stable laws. Secondly, they try to develop
laws through changing various perceptions of community and meet their level of expectation
as well. Doctrine of precedent is play an significant role in the decision making process of
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UK. The main object of this legal term is that, when judges deciding cases needs to take a
view of previous judicial decisions and that time it work in a proper manner.
The doctrine of precedent is based on effectiveness of Judges of courts. It maintaining
the general practice from previously judicial decisions. The word precedence means
something which is selected on the priority basis then others. There is lack of confusion is
create due to selection in cases or any thng else. Through this consept cases are easily resolve
on priority basis. They should be one which is more important or urgent.
Legislature: Legislature is the legal body which take effective decisions regarding
framing rules and regulation which have to be follow by entire country. It is supreme in
taking decision regarding act of people. They are responsible to separate powers among legal
authorities and it consists only one chamber.
Common law: This law is made by judge, as this is not in a written legislation. This
law is established through customary tradition. Common law is the part of English law that is
derived from custom as well as judicial precedent a part from statutes (Law, Mintzes and
Morgan, 2011). This is able to decide the single case in the situation when people are
disagree on what is actually law is, this law decides the which law is applicable on present
case. If similar dispute is resolved in a previous time then court is bound to follow the
previous decision. Common law is based on broad principals. These principals are have to be
follow by the people.
International law: The EU law covered systematic rules and policies which having
full control on conduct of society. Able to enhance social progress and maintain improvement
in working condition of people. It is the set of regulation and policies which able to maintain
relationship among states as well as nations. These types of laws are framed by legal
authorities which have to be follow by entire country. Human rights can be protected by this
law which provides rights and duties to them. These rights are able to protect the interest of
people. International law is flow in the entire country which bound to individuals and
organizations as well. It becomes the part of EU law after framing some rules, regulation and
policies for them.
Legislation- It is considered as a set of rules and regulations along with laws that has
been recommended by government of a respective country or by a parliament. In other words,
it can be said that it is a procedure which includes formation or enacting the suggested laws
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into action (Möllers, 2010). In addition to this, legislation can be understood as a process in
which statutes are applied by legislative legal authority which is entitled to perform the said
action.
Secondary sources- These can include those material which are used to discussed,
interpret and examine. There are some examples which are as aligned below:
 Legal Encyclopaedias- This is one of the important part of secondary source
(Criminal Law, 2017). With the help of this source people can receive legal
information and data which are related with each and every case and also about entire
description.
 Parliamentary as well as non-parliamentary publication: Through this source people
are able to get information and receive knowledge of reason of case and background
of the case.
Moreover judges play an important role in every case. They are able to give final
decision for each and every case and try to resolve matter which are created among parties.
For example: A commits murder of B through shoot him with gun on the back side of
his body. Here, A is the criminal who is liable for the punishment. So that, Court declares a
punishment for A in terms of some years of custody and also imposed penalty on him.
Statutory interpretation- Through this process court interpret as well as legislation is
apply on them. Also it involves various types of cases and which are related to statues. Judges
use different types of rules and policies at the time of taking decisions regarding resolve
dispute. It involve systematic process which is used in the decision making process.
 Literal rule- It consists all decisions of courts which are related to statues.
Legal authorities follow the exact wording of statues while discussing the
case.
 Golden rule- In this statutory construction has been applied by courts. For
example- A point has been involved by one judge of court. So that, the golden
rule is defined as prima facie at the time of defining ordinary meaning.
 Mischief rule- It is the part of law and matter must be rectified by the
parliament at the time of passing bill which are draft by the legislation.
Delegated legislation- These types of legislations are created by executives and
implement them in public. When supreme legislation gets overburdened with formation of
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laws as well sub-laws, then they create this legal body. It frame various types of policies or
procedure and population is bound to follow them. Through this definition it is proved that,
delegated legislation is the significant source of law. It consists various administrative details
which are administered by government authorities.
 Statutory instruments- This involved is covered under Statutory Instruments
Act, 1946. it is the part of delegated legislation.
 Order in council- It is not depends on the statutes but parliament having a
power to making corrective changes. It involves dealing which are related to
servants of the crown.
 Bye laws- In this law local bodies are able to use power which are granted to
them by the act of parliament. Also they have to follow rules and regulation
which are imposed on them as per the provision of law.

Judicial precedence- The future decision regarding interest of the country is taken by
them. The effective decisions are bound parties to follow them and maintain performance as
well.
Treaties- It is the process in which two or more states are comes in the contractual
relationship with each other regarding international law. All states are responsible to prepare
written agreement and having mentioned stamp over it. States select one representatives who
complete the formalities of agreements and on its behalf signed the further documents as
well. It is the significant aspects of international law.
UN charter- It is the important part of international law which able to maintain
equality along members which is beneficial for development of the country.
CONCLUSION
On the basis of above report it has been concluded that, law defines various types’
rules and regulation which have to fulfil every person. There are four types of laws such as
criminal, common, civil and administration law. Also sources of English legal system are
primary and secondary sources.
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You have added the specific aspects which I gave you back as feedback. But
unfortunately there is no correlation with the body of your essay and it seems you have
just inserted it as opposed to you re-writing.
Daniella, please you have to start all over and write the whole essay again and remove
all the bits that are not relevant. There is no sequence and as such it is difficult to follow
what you are saying.
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REFERENCES
Books and Journals
Boer, A. and Van Engers, T., 2010. Knowledge acquisition from sources of law in public
administration. Knowledge Engineering and Management by the Masses. pp.44-58.
Garavaglia, B.H., 2013. Hydraulic fracturing: Sources of law and information.
Hage, J., 2014. Sources of law. In Introduction to law (pp. 23-36). Springer International
Publishing.
Law, M.R., Mintzes, B. and Morgan, S.G., 2011. The sources and popularity of online drug
information: an analysis of top search engine results and web page views. Annals of
Pharmacotherapy. 45(3). pp.350-356.
Möllers, T.M., 2010. Sources of Law in European Securities Regulation–Effective
Regulation, Soft Law and Legal Taxonomy from Lamfalussy to de
Larosière. European Business Organization Law Review (EBOR). 11(3). pp.379-407.
Raz, J., 2013. Legal positivism and the sources of law. Arguing About Law, 117.
Shecaira, F.P., 2015. Sources of law are not legal norms. Ratio Juris. 28(1). pp.15-30.
Online
Criminal Law, 2017. [Online]. Available through: <http://legal-
dictionary.thefreedictionary.com/Criminal+Law>. [Accessed on 25th April 2017].
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