giving self a 10 minute break

[lloll4]

Eeek, too many readings to do...

Contract law cases are funny and boring at the same time. I have a laugh-track in my head that goes "AH-HA! You breached the contract! Roll Claiming for damages, mwhahahahahaha!!!!"

At least it keeps me awake.

Also, UK, why do you have so many courts? I guess since we're studying the most signficant cases it's natural there's quite a few instances where one decision gets reversed in appeal and then - after a lot of talking and grumbling by people with funny names - gets reversed back again. Funtimes.

In biz law, we're still on partnership law. I am convinced that it's worse than marriage. You lose out way more times, and you don't even get the dog when you break up.

Comments

[legionseagle]

Do you actually want an answer about why the UK has so many courts (which I can provide, at least in part) or are you simply complaining about the complexity they add to the study of law (in which case, I commiserate - they do).

[lloll4]

Ah... yes? And yes, it makes studying cases more complicated.

That is, the textbooks try to explain but I get hazy somewhere after "in the olden days". I have a rough idea but if you don't mind elucidating, it'd be welcome.

[legionseagle]

Well the first thing to remember is that you have three separate legal systems in the UK: the law of England and Wales, the law of Scotland and the law of Northern Ireland. I now propose to ignore the latter two legal systems entirely to concentrate on the law of England and Wales, but you will, of course, note that three legal systems will each have separate tiers of appellate courts within them (all the UK ultimately recognises the authority of the UK Supreme Court, previously the House of Lords or if we're being technical the Judicial Committee of the House of Lords).

Then you have two separate types of law; criminal and civil. The criminal law hierarchy of courts goes magistrates, crown, divisional, court of criminal appeal and house of lords; the divisional court is the court of appeal from the magistrates. Criminal justice in the UK has its roots before the Norman Conquest (11th century) in some of its institutions including the magistrates (justices of the peace), and the arrangement of criminal justice into "circuits" reflects the old Assizes which involved judges travelling between assize towns for hearings which prevailed up to the 1970s.


Civil law actions (contracts and torts) begin either in the county court or the high court and then go on appeal to the civil appeals court and then to the House of Lords/Supreme Court. If necessary, a question can be "certified" and sent off to the European Court, just to keep life interesting.

The High Court is split into three divisions; this followed an rationalisation in the late 19th century to deal with issues between courts practising common law and those practising equity, which was a big deal prior to 1878 or thereabouts (precise dates I haven't had to know since 1981 or thereabouts, so you may need to check these). Basically common law had got intensely formalistic so a comma out of place scuppered you; equity stepped in to produce a "fair" result to avoid people being utterly scuppered by this. In 1878 or whenever the High Court amalgamated a lot of courts like common pleas and exchequer and doctors commons (all of these get referred to in Dickens and Wilkie Collins and people) into the High Court of Justice and allowed all of them to practice the principles both of law and equity though some (Chancery) are much more focussed on old equitable principles.

There was a further rationalisation of the bonkers system in about 1973 or thereabouts.

The current three divisions of the High Court which used to be separate courts are Queen's Bench Division (common law); Chancery (equity - tax, trusts and intellectual property) and Family which also includes Admiralty for historic reasons - it used to be Probate, Divorce and Admiralty. There are specialist courts within this system such as the Technology and Construction Court (part of the QBD) and the Patents Court (part of the Chancery Division). Major urban centres have a District Registry each of which has its own QBD, Chancery and Family division but they're just regional centres of the overall system.

[lloll4]

Thanks! I got the olden days and the modern days parts, but couldn't quite see how the middle part (ie Dickens) connected. Your explanation helped! Much obliged.

What's the SIAC? A classmate threw that out, said it was some kind of special court.

[legionseagle]

Special Immigration Appeals Commission, apparently. I did leave out tribunals and so forth to make life simpler.

[lloll4]

Thanks! I'll google that.

[februaryfour]

Holy crap. O_o I am so glad I'm not a law student in the UK.

[lloll4]

It's pretty interesting, though. And helps you to understand how some laws develop.

[februaryfour]

*laugh* I enjoy reading actual cases. It's hilarious the things people will try to get away with. For shits and giggles, look up Price v. Purdue Pharma Co some day.

[lloll4]

It can be pretty fun, true.