Optimize English Legal System

Angela Stanhope, Odette Hutchinson

• Publisher: Routledge
• Year: 2014
• ISBN:
  9781317908531
• Edition: 1
• Topic: Diritto
• Subtopic: Teoria e pratica del diritto

'[ Optimize is] ideal for undergraduate students at all levels. The content is of a high standard, easy to read and understand. The materials are very catching and easy on the eye making it easy to read and digest the materials…an essential study tool for all law students' - George Ellison, Derby

'I am really impressed…the strengths are the user friendly format, clear explanations, helpful diagrams/flowcharts and appropriate suggestions for analysing the issues concerned' - Katherine Davies, Northumbria

The Optimize series is designed to show you how to apply your knowledge in assessment. These concise revision guides cover the most commonly taught topics, and provide you with the tools to:

Understand the law and remember the details
o using diagrams and tables throughout to demonstrate how the law fits together

Contextualise your knowledge
o identifying and explaining how to apply legal principles for important cases
o providing revision advice to help you aim higher in essays and exams

Avoid common misunderstandings and errors
o identifying common pitfalls students encounter in class and in assessment

Reflect critically on the law
o identifying contentious areas that are up for debate and on which you will need to form an opinion

Apply what you have learned in assessment
o presenting learning objectives that reflect typical assessment criteria
o providing sample essay and exam questions, supported by end-of chapter feedback

The series is also supported by comprehensive online resources that allow you to test your progress during the run-up to exams.

URL: www.routledge.com/cw/optimizelawrevision/

1	Introduction

Revision objectives

Chapter Map

Introduction

Welcome to your Optimize English Legal System book. We hope very much that you enjoy reading it and it helps in guiding you towards success in your ELS assessments.

The study of the English legal system is one of the first topics you will study on your undergraduate programme, and it will normally be taught over one term. Students can sometimes dismiss this area, feeling it is not as important as their other topics, but a good understanding in this module will give you the tools you need to be successful in your other law modules. The topic of legal skills, and in particular the lack of legal skills demonstrated by students, has become a rather hot topic recently so you will be pleased to find a chapter (Chapter 11) in this book dedicated to that area. You are fortunate in that this chapter contains ‘real’ feedback from lecturers teaching ELS in universities right now. This chapter tells you what the lecturers think about why bright students are not always achieving the marks they deserve.

There is no substitute for hard work when you do your degree. There are no shortcuts. It is through clear understanding and application of the law that great marks can be achieved.

You need to read, so make sure you have your own copy of an up-to-date ELS textbook — your lecturer should have advised which one to buy. If money is an issue check if you can buy a second-hand copy, but do not buy an out-of-date textbook, as it is out of date for a reason!

We will continue in this introduction by considering three topics.

These are:

Nature and purpose of law

Categories of law

Institutions

Nature and purpose of law

Under this heading we will explore ‘what is law and why do we have it?’

Laws are often thought of as a set of rules that all citizens must abide by in order to ensure the safety and smooth running of society as a whole. They regulate the behaviour of those who are subject to them; in our case, those who live in the UK. They can be as simple as requiring everyone to drive on the left, or more complicated rules such as deciding who inherits a person’s wealth if they die intestate (without a will).

Enforcement of the rules is also a key part of the legal process. You will see as you work through this book that this involves not only the traditional court system but also tribunals and other methods of Alternative Dispute Resolution (you will find a chapter dedicated to ADR in this book).

You will see in many of your textbooks that the English courts have an adversarial system. This means the lawyers are there to do the best job they can for their client. It may be helpful to think of them as being in competition with each other. This system is often contrasted with th...