Chapter 3: Common law and legislation

Question 1

In earlier times, how did common law originate?

Answer 1

In earlier times, common law originated:

1. In the King’s Court
2. From the King’s judges

Question 2

Common law

Answer 2

Common law is law based upon judges’ rulings in court

Question 3

In earlier times, common law originated in the King’s Court and from the King’s judges, as they travelled around the country adopting what they considered the best legal rules.
How has the common law developed?

Answer 3

The common law has developed through judicial decisions in cases

Question 4

In earlier times, common law originated in the King’s Court and from the King’s judges, as they travelled around the country adopting what they considered the best legal rules.
The common law has developed through judicial decisions in cases and is linked to legal principles and rules.
Common law is, therefore, constantly what?

Answer 4

Common law is, therefore, constantly evolving to deal with ever-changing situations in society

Question 5

How does English law work?

Answer 5

English law works on a common law basis

Question 6

English law works on a common law basis.

How do judges create common law?

Answer 6

Judges create common law by delivering written judgements about the case before them

Question 7

Legislation, or statute law

Answer 7

1. Legislation
   Or,
2. Statute law
   is law passed by Parliament.

Question 8

Legislation or statute law is law passed by Parliament.

Example

Answer 8

For example, a Road Traffic Act might define:

1. Speed limits
2. Punishments relating to speeding

Question 9

Statute law

Answer 9

Statute law is law that is:
1. Written down
2. Codified
into law

Question 10

Statute law is law that is written down and codified into law.
How do statutes begin?

Answer 10

Statutes begin as Bills

Question 11

Statute law is law that is written down and codified into law.
Statutes begin as Bills and then become Acts of Parliament.
When considering a case brought in regard to this Act, a judge would do what?

Answer 11

When considering a case brought in regard to this Act, a judge would work within the exact wording of the Law

Question 12

Statutes begin as Bills and then become Acts of Parliament.
When considering a case brought in regard to this Act, a judge would work within the exact wording of the Law.
What happens, if matters are unclear or ill-defined?

Answer 12

If matters are:
1. Unclear
Or,
2. Ill-defined
,the judge's decision in their written judgement creates common law

Question 13

Statutes begin as Bills and then become Acts of Parliament.
When considering a case brought in regard to this Act, a judge would work within the exact wording of the Law.
If matters are unclear or ill-defined, the judge’s decision in their written judgement creates common law.
If other judges have already ruled on the same matter, the judge would do what?

Answer 13

If other judges have already ruled on the same matter, the judge would follow their written guidance

Question 14

Statutes begin as Bills and then become Acts of Parliament.
When considering a case brought in regard to this Act, a judge would work within the exact wording of the Law.
If matters are unclear or ill-defined, the judge’s decision in their written judgement creates common law.
If other judges have already ruled on the same matter, the judge would follow their written guidance.
Hence the wording ‘common law’ refers to what?

Answer 14

Hence the wording ‘common law’ refers to the same ruling being applied across all courts

Question 15

Statutes begin as Bills and then become Acts of Parliament.
When considering a case brought in regard to this Act, a judge would work within the exact wording of the Law.
If matters are unclear or ill-defined, the judge’s decision in their written judgement creates common law.
What happens, if the judgement is challenged in a Court of Appeal and the judgement is set aside?

Answer 15

If the judgement is:
1. Challenged in a Court of Appeal
2. Is set aside
,the Appeal Court ruling becomes the new common law on this issue

Question 16

Statutes begin as Bills and then become Acts of Parliament.
When considering a case brought in regard to this Act, a judge would work within the exact wording of the Law.
If matters are unclear or ill-defined, the judge’s decision in their written judgement creates common law.
If the judgement is challenged in a Court of Appeal and the judgement is set aside, the Appeal Court ruling becomes the new common law on this issue.
What may Parliament decide to do?

Answer 16

Parliament may decide to:

1. Look at the matter again
2. Pass re-drafted legislation

Question 17

When preparing cases, what may a solicitor, or barrister need to do?

Answer 17

When preparing cases, a:
1. Solicitor
Or,
2. Barrister
may need to research a point of law about the case

Question 18

When preparing cases, a solicitor or barrister may need to research a point of law about the case.
What will they do?

Answer 18

A solicitor, or barrister will:

1. Check any relevant statutes
2. Then look at recent case law decisions of the higher courts to see if there is any guidance to assist them

Question 19

When preparing cases, a solicitor or barrister may need to research a point of law about the case.
They will check any relevant statutes and then look at recent case law decisions of the higher courts to see if there is any guidance to assist them.
So whilst statute law provides a legal framework for society, common law enables statute law to be what?

Answer 19

So whilst statute law provides a legal framework for society, common law enables statute law to be:

1. Applied in differing situations
2. Updated as required

Question 20

In earlier times, common law originated in the King’s Court and from the King’s judges, as they did what?

Answer 20

In earlier times, common law originated:

1. In the King’s Court
2. From the King’s judges, as they travelled around the country adopting what they considered the best legal rules

Question 21

In earlier times, common law originated in the King’s Court and from the King’s judges, as they travelled around the country adopting what they considered the best legal rules.
The common law has developed through judicial decisions in cases and is linked to what?

Answer 21

The common law:

1. Has developed through judicial decisions in cases
2. Is linked to legal principles and rules

Question 22

Statute law is law that is written down and codified into law.
Statutes begin as Bills and then become what?

Answer 22

Statutes:

1. Begin as Bills
2. Then become Acts of Parliament

Question 23

Statutes begin as Bills and then become Acts of Parliament.
When considering a case brought in regard to this Act, a judge would work within the exact wording of the Law.
If matters are unclear or ill-defined, the judge’s decision in their written judgement creates common law.
If the judgement is challenged in a Court of Appeal and the judgement is set aside, the Appeal Court ruling becomes the new common law on this issue.
Parliament may decide to look at the matter again and pass re-drafted legislation, which clarifies what?

Answer 23

Parliament may decide to look at the matter again and pass re-drafted legislation, which clarifies the issue

Question 24

Statutes begin as Bills and then become Acts of Parliament.
When considering a case brought in regard to this Act, a judge would work within the exact wording of the Law.
If matters are unclear or ill-defined, the judge’s decision in their written judgement creates common law.
If the judgement is challenged in a Court of Appeal and the judgement is set aside, the Appeal Court ruling becomes the new common law on this issue.
Parliament may decide to look at the matter again and pass re-drafted legislation, which clarifies the issue, so doing what?

Answer 24

Parliament may decide to look at the matter again and pass re-drafted legislation, which clarifies the issue, so nullifying the existing common law