1. What do you understand by the term ‘common law’?

It is a product of England’s legal history. It is case-centered and hence also

judge-centered therefore allowing for a more pragmatic approach to the problems that
appear before the courts

Key Points to Mention:

● Comes from the latin term stare decisis which means ‘let the decision stand’
● Use terms such as binding and persuasive
○ Mention that the malaysian law uses british law binding (civil law act
1956) which is the cut off date and then it is persuasive.
● Two Senses
A.) Case Law/Judge- Made Law: The collection of decisions/judgements
issued by courts which have binding effect on similar future ases as a result of
stare decisis, accordingly forces a source of law.
B.) Tradition/Family/ Category: Includes: Aus, Canada, India, Malay, US.
● Common law traditions or religious legal traditions
● Courts have binding power by the way of judicial precedent
● Rule of law - among countries in the commonwealth
● It is unwritten which means it is uncodified.
● Standard law throughout England and Wales

2. What do we mean when we say that the English Legal System is a common law
system?

Try and clarify this question when you go for the tutorial. The points here are correct but see if
he expands on it if not we can after your tutorial happens.

Mention:
1.) Applies doctrine of precedent
2.) Applies common law reasoning
3.) Adapted through the centuries
4.) The UK is a ‘dualist’ system (international and domestic spheres of law are considered
separate), as compared to a ‘monist’ one where international treaty obligations can be
directly enforced in domestic law.
a.) Dualist system separation between domestic and international law
i.) Commitments as a matter of international law
ii.) Incorporating
 (1) Human Rights Act 1998
(2) European Communities Act 1972
b.) Monist system
i.) France, Netherlands, Indonesia and Thailand
5.) Principles in common law
a.) Rule of law (Fundamental)
b.) Accountable government

II. Contrast common law and civil law

Common Law Civil Law

1. Australia, Malaysia, India, Canada, and the US 1. Refers to other jurisdictions that have adopted
(except Louisiana) the European continental system of law e.g France
and Germany
2. Source of law derived from customs, court
decisions 2. Derived from Ancient Roman Law but also
from German tradition
3. Case law is primary
3. Case law is a secondary source of the system

4. It is a code - an all encompassing of the rules

and regulations

3. “While the common law is a very important source of law, there are many other
sources of English Law which are growing in importance.” Discuss.
I. For the statement (common law is a very important source of law)

● Case Law
- Made up of judgements issued by the High Court, Court of Appeal, House
of Lords (until 2009), the Supreme Court (2009 onwards), and the Privy
Council
- Because of the doctrine of binding precedent → prior judgements on a
similar point of law can be cited to influence the decision of a present case
- E.g contract & tort are made up largely of judge-made law

II. Against the statement (other sources of law)

 ● Acts of Parliament
- Laws passed by Parliament (House of Commons + House of Lords +
Royal Assent)
- Subject to statutory interpretation, which some sources regard as a
separate source of law
- Highest source of law (can overrule all)
- Doctrine of parliament sovereignty
- The Welsh Parliament
a. Can pass primary legislation in the areas of competence that have
been devolved to it
b. Welsh Assembly Acts form primary legislation equivalent in effect
to statute (but subject to the supremacy of the UK Parliament

● Customs
- Readily overridden by all
- Tanistry’s Case (1608) Dav lr 28 → ‘Such usage as has obtained the force
of law’
- Regulates minor aspects that have not been regulated by statute and where
there has been a very long established local practice
- E.g villages holding a fair on the ‘town green’ at certain times of the year,
without being restricted by local authorities
- General requirements for a custom to be recognised as a source of law:
1. Must have existed continuously ‘since time immemorial’ → since
at least 1189
2. Must be reasonable → not conflict w right or wrong
3. Sufficiently certain and clear
4. Specific to a certain area
5. Practice must have been exercised as of right → not by the
permission of anyone
6. Consistent with other local customs

● Equity
● EU law
● ECHR

Mention:
● He wants both sides of the argument but agree with the statement (just go first lmao)
○ It's the main system
○ The courts can only respond to the changing social trend.
 ○ You can rebuttal this with equity and acts of parliament (but tbh barely understood
what was going on, they all talk hella fast )
● Acts of parliament regulates :
○ Public health, housing, transport, heavy industry
● Benefit of case law can adapt to specific circumstances compared to the other which is
more general
● If essay question: pro and con + conclusion
● Statutes (growing) → due to the growth in the role of the state
● Delegated legislation
● Equity

Same with question 2 clarify this bc had no idea what was going on

4. What do you understand by ‘law’? What are the ideal characteristics of law?

I. Meaning of Law
● Law as integrity based upon a set of principles (Ronald Dworkin, 1986)
● Law as the commands of a sovereign, imposed by sanctions (John Austin, 1832)
○ If law was not enforceable → to what extent is it still law?

II. Ideal characteristics of Law

1. Maintains social order → regulates human conduct
2. Executed by the state/gov
3. Stability and predictability
4. Consequential if law is broken
5. Uniformity
6. Capable of regulating conduct
7. Coercive authority
a. Empower authorities to issue laws (delegated legislation)
b. Power conferring rules
c. Professional regulation rules

lololol bruh answer this question it's easy points same with 5

5. What do you understand by each of the following terms:

i. Superior court :
● Generate binding presidents
 ○ Examples: Supreme Court, High Court (in terms of civil disputes), court
of appeal.
● Unlimited jurisdiction
○ Any sentence allowed by law
● Capable of issuing binding precedents

ii. Inferior court

● Relative term ( Inferior)
○ Term of comparison
○ Relationship between 2 courts
● Example could be that the high court is inferior to the supreme court.

iii. Subordinate court

● Administrative control of the HC
● Decisions of these courts could be appealed to the superior courts and they can be
controlled by review.
○ If you're in the high court you won't be reviewed without permission/leave
● Eg: the ones below but the main ones magistrates and county courts.

● This section includes: County court, Magistrates’ Courts, Family Court, and
Youth Courts.
➔ Magistrates Courts and Country:
○ These are the lowest courts in the judicial hierarchy
■ therefore do not bind any other court.
○ Magistrates Courts deal with relatively minor criminal cases by way of
summary trial
■ (i.e. before a magistrate, without a jury).
○ The County Court deals with relatively low-value civil disputes.
○ Magistrates Court decisions are not reported
■ therefore cannot form any precedent of any sort.
○ As County Court judgments are recorded, they can be referred to for
guidance by future County Courts, but not any other court.

6. To what extent can the structure of the courts in England and Wales be described as
coherent and logical?
● Coherent and logical would mean it follows a basis of rules and steps which allow
a functioning society. If based on this definition then the structures of the courts in
England and Wales can be described and coherent and logical as they obtain:
Mention:
Pros:
● There is a clear hierarchy of appeals
● Doctrine of precedents and stare decisis
● There are specialized divisions of each court especially at the superior court level
○ HC, QBD, Chancery and family
○ Clear pathway is provided
● Even when they depart from previous precedents, they do so according to established
principlesYoung v Bristol Aeroplane

Cons:
● Precedents may not necessarily lead to certainty
○ Courts may distinguish/depart/ overrule
● Confusion and multiplicity of judgements
● Complexity of the structure
● Not that convincing
● Tension between principle of accessibility to justice and the high practical costs of
litigation

7. What general principles, if any, can be deduced from the existing appeals structure
in England and Wales?
● Most general principles come from studying the current appeal structures relating
to the appeal process and the purposes are the following :
1.) the opportunity to reconsider a problem in light of having new evidence
2.) the opportunity for the litigant to have more than one chance to put his
case following the idea that people and processes are flawed and error
prone.
3.) Appellate court - decides on the basis of oral argument
a.) Rehearing of arguments not a retrial
4.) Affirming lower court judgment - dismiss the appeal
5.) Reverse the lower court judgment - allowing the appeal
6.) Vary the lower court judgment -allowing the appeal in part
7.) Appeal is generally by leave (permission) from a decision of the CA*

a.) Permission: from the court you want to appeal to

i.) Leve hearing
8. Supreme court is the highest court that it can be appealed to
● Appeal Structure: Principle of orality (ex tempore judgements )
● Sir John Donaldson in a 1982 article stated that “ the conduct of appeals by way
of oral hearing lies at the hear of english tradition”
● This counteracts the american way which is more written focused. (reserved
judgement)