Foundation Law 2013/14

Seminar 1

Introduction to Law

Reading List:

Jacqueline Martin, “GCSE Law”, 5th edition, chapter 1- “Introducing Law”, pages 1-8

Glanville Williams: Learning the Law, 15th edition, pages 3-4 (“Crimes and civil wrongs”), pages 17-18 (“Elementary legal terminology”) and pages 20-21 (“Public and Private Law”)

Seminar Questions:

1. What purposes does the law serve in society?

2. In criminal law, even though the crime is often committed against the victim or his property, why is it that the action (“criminal proceedings”) is brought against the defendant by the prosecution and not directly by the victim?

3. Who in the criminal law is referred to as a) the “defendant” and b) the “victim”?

4. What does “CPS” stand for, who does it represent and what is its function?

5. Which courts will hear a criminal matter?

6. Which courts will hear a private (civil) law matter and who will bring the action against the defendant?

Turn Over

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Learning Outcomes:

Understand the different classifications of law;

Show awareness of why the law is needed in society;

Explain the difference between a law and a rule, and what makes a law enforceable;

To be able to explain the difference between the public law and private (civil) law;

Outline the differences between the criminal public law and private (civil) law and particularly the different levels or “standard of proof”; and

Understand what is meant by double liability.

Foundation Law 2013/14

7. Identify which branch of law the following cases fall under:

Zekevic v DPP (1987) D v East Berkshire Community Health NHS Trust (2003) Donoghue v Stevenson (1932) Hedley Byrne & Co Ltd v Heller & Partners Ltd (1964) R v Ahluwalia (1992) Commission v UK (Case 300/95) (1997) CPS v P (2007)

8. Dexter, who is driving his car at a very high speed and crosses a red light, has a collision with Chris’s car. As a result of the collision Chris, who is a dance teacher, suffers from various injuries including injuries to his legs, neck and back. His car is also severely damaged and Chris is unable to work for 2 months.

Chris can sue Dexter for loss of income and injuries (“damages”) under the law of torts, as Dexter was driving recklessly- this particular problem falls under the tort of negligence, which we will be studying in term 2.

a. What branch of law does the law of torts fall under and why?

b. Identify the defendant and the claimant in this question.

c. If the matter proceeds to a hearing, which court will hear the matter?

d. What other charges can be brought against Dexter and who will bring these charges against him?

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