Cavendish: Business Lawcards

Routledge-Cavendish

• Publisher: Routledge-Cavendish
• Year: 2009
• ISBN:
  9781135391034
• Edition: 1
• Topic: Law
• Subtopic: Law Theory & Practice
• Index: Law

Cavendish lawcards are complete pocket sized guides to the key examinable areas of law. Their concise text, user-friendly layout and compact format makes them the ideal revision aid for identifying, understanding and memorizing the vital aspects of each area of law. Important features of the new edtion include:

• New four colour text design for easier navigation throughout each book
• Colour coded highlighting of cases and legislation
• Diagrams and flowcharts
• Bullet points of crucial information

1
Sources of law

Legislation: law produced by Parliament

There are five stages, in each House of Parliament (Commons and Lords), through which a Bill must pass in order to become law:

• first reading;

• second reading;

• committee stage;

• report stage;

• third reading.

Then it is given royal assent. The House of Lords has limited scope to delay legislation.

Delegated legislation: power delegated by Parliament to others to make law

Types of delegated legislation include:

• Orders in Council;

• statutory instruments;

• bylaws;

• professional regulations.

Advantages Speed of implementation. Saving of parliamentary time. Access to expertise; flexibility. Disadvantages Lack of accountability. Lack of scrutiny. Lack of public knowledge.

Controls

Parliament Joint Select Committee on Statutory Instruments. Courts Ultra vires provisions may be challenged through judicial review.

Ultra vires means that the party to whom power was delegated has exceeded its authority.

Case law

Law created by judges in the course of deciding cases.

Stare decisis

Binding precedent: courts are bound by the previous decisions of courts equal or above them in the court hierarchy (see diagram on p 4).

Ratio decidendi The legal reason for decision binds. Distinguishing The case is said to be different from precedent, therefore it does not have to be followed. Obiter dictum Anything not in ratio does not have to be followed. Overruling ...