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Referat Engleza
Referat Engleza
Faculty of Low
1
University from Craiova
Faculty of Low
Law is also created from human rights law. The European Communities Act 1972 was passed to
recognise EU law as part of British laws. The Human Rights Act 1998 became domestic law to
incorporate the European Convention on Human Rights. Higher courts can declare statute incompatible
with the HRA. Parliament will be forced to change or repeal the law to avoid the incompatibility such as
the Anti-terrorism, Crime and Security Act 2001 being replaced (after A v. Secretary Of State for the
Home Department [2005] AC 68, [2004] UKHL 56) with the Prevention of Terrorism Act 2005.
Another source of law originates from the Court of Justice of the European Union (ECJ). Since domestic
law gives way to interpretation from the ECJ, Parliament is again bound to adopt rulings of the ECJ such
as the recent decision involving voting rights for prisoners.
In conclusion, while case law, EU law and human rights law have considerable influence on law making,
it is clear that legislation remains the most important source of law. Written laws created by Parliament
and through devolved legislation can override case law, but not vice versa. In a similar manner, case law
from human rights law and EU law ought first be legislated by Parliament to reflect those rulings and
become part of domestic law (part of the EU Directives). Legislation can also reflect societies change
much quicker and for these reasons remain the most influential source of law.
The law is a complex and ever-present part of our society. There are many ways to categorise law but
perhaps one of the simplest ways to understand it would be to divide it into criminal and civil law.
Initially a clarification of both types of laws is offered, and subsequently an explanation of the procedures
involved.
Criminal law is a breach of law, called an offence, against the State. In this case, a breach of s.47 of the
Offences Against the Person Act 1861 has taken place. Criminal offences are prosecuted by the Crown
Prosecution Service (CPS) after a charge has been made by the police. The charge of assault occasioning
actual bodily harm (ABH") is not normally prosecuted under the Criminal Justice Act 1988 (s.39). The
purpose of a criminal prosecution is to punish the guilty person.
A charge of ABH is an "either way" offence. This means that case can be heard either in the Magistrates
or Crown Court or in the High Court. The punishment is up to 5 years imprisonment upon conviction.
Since Stacey's jaw was broken it is clear that ABH was committed. This e-mail does not explain whether
or not there is proof against Norman.
It is to be noted that the standard or burden of proof falls upon the CPS to prove guilt "beyond reasonable
doubt". If for any reason this burden is not met, an acquittal can be expected. Additionally a criminal
offence is considered to have two parts. The first part is called mens rea. This means that the person must
be of a guilty mind. In determining in this two things are taken into account; whether the person had
intended his action or was being reckless. The second part is called actus reus which means that there is a
guilty act.
Norman can also be held liable under civil law. Civil action is brought about by the injured person in this
case Stacey. A civil action is called a claim and will be heard in the County Court or possibly a High
Court. The purpose of the civil action is to claim compensation for damages, in this case injury to Stacey's
jaw. She may also claim the cost of the legal fees and other sundry expenses such as lost income, cost of
medical treatment etc.
2
University from Craiova
Faculty of Low
To initiate civil action Stacey's solicitor will file a claim in the relevant court. Norman will be required to
attend court on the hearing date. Evidence will be presented and judgement will be given on a balance of
probability. The burden of proof is less than that of a criminal trial.
From the information given it is unclear what evidence there is against Norman and what led the police to
charging him. If Norman was involved in the fight it may be likely that the CPS will need to prove that it
was his intention and/or recklessness that led to Stacey's injury. Stacey will need to show that it was his
actions that led to her injury.
References
Website:
www.lawteacher.net/free-law-essays/constitutional-law/explain-the-sources-of-english-law-essays.php