School of Law

Law I - 3125
Professor: Sergio Murias
Teaching Assistants: Déborah Kamelman – Gina Tangari

Handout 2
The validity and effectiveness of law
A. Language focus: vocabulary

1. Fill in the blanks with an appropriate word:

(a) The process participatory democratic Imposes_____ an obligation to obey law.

(b) Some philosophers argue that there is an absolute obligation to obey the law, ________ of whether or not
laws are just.

(c) The ultimate question is where the law derives___ its authority from.

2. Find the noun which collocates with the following adjectives/verbs:

a. Broad/ strict/general/clear sense/ s_______ (n, pl.)

b. To adjudicate upon/breach/enact/apply/comply with (the) __________(n)
c. _The State__ (n) regulates/applies
d. Absolute/complete/unfettered/judicial __discretion__ (n)
e. Legal/judicial/criminal justice issue____ (n)

*State applies for Kasukuwere's property forfeiture

adjudicate

to officially decide who is right in a disagreement and decide what should be done The Dean

adjudicates any faculty disputes.adjudicate on/upon/in/between The owner can appeal to the
court to adjudicate on the matter.adjudicate that The judge adjudicated that he should be
released.2 [intransitive] to be the judge in a competition He adjudicated at all the regional music
competitions.
School of Law
Law I - 3125
Professor: Sergio Murias
Teaching Assistants: Déborah Kamelman – Gina Tangari

B. The effectiveness and validity of law

3. What is valid law?

4. Decide if the following statement is true or false:

The validity of law depends exclusively on its effectiveness.

(true) In a revolutionary situation – as explained by Kelsen – there is a point where the basic norm
– or sovereign power – changes. The ultimate validity of law depends on its effectiveness. When
there is a revolution, the basic norm
may change, brought about by a change in the power structure within a society ultimately creating
a new basic norm.
Ultimate validity and effectiveness: an illustration The relationship between the ultimate validity of
a legal system and effectiveness is well illustrated by the position in Rhodesia, as it then was, in
the 1960s.

C. Language focus: subordinate clauses

5. Read the following sentences. All of them contain subordinate clauses headed by ‘that’.
Choose the most suitable verb form. Justify your choice.

(a) It requires that no one is/be/is not punished except for conduct which represents a clear breach of law.

(b) There is an apparent paradox presented by Dicey’s insistence that both parliamentary sovereignty and the
rule of law comprise/comprises/will comprise the fundamental doctrines of the constitution.

(c) One minister complains that Ed Llewellyn, Cameron’s trusted chief of staff, spend/spends far more time
telling ministers what they can’t do rather than telling officials what they must do.

(d) False imprisonment is the intentional confinement or restraint of another person’s activities without
justification. It is essential that the person being restrained does not agree/not agree to the restraint.

Origins and sources of English law (1): common law and

equity

E. Imagine your friend in 14 th century England has borrowed money from you and is shy to
give it back to you. What could English justice do for you? How would you have to
proceed? Describe in detail.

Tip: below is a list of the writs available from the royal courts at that time:
School of Law
Law I - 3125
Professor: Sergio Murias
Teaching Assistants: Déborah Kamelman – Gina Tangari

Writ of mandamus: A writ or order that is issued from a court of superior jurisdiction that
commands and inferior tribunal, corporation, municipal corporation or individual to perform,
or refrain from performing, a particular act, the performance or omission of which is required
by law as an obligation.
Writ of debt: a common-law writ by which a court adjudicates claims involving fixed sums of
money.

Writ of trespass upon land: a writ that applies where a party seeks compensation for
somebody else’s unlawful entry on his or her land that is visibly enclosed.

Writ of trespass upon personal property: A writ that a litigant could seek to recover
compensation from somebody who had unlawfully taken his or her personal property, such as
jewellery, a cartwheel or a horse.

F. Imagine you own an inn in, say, 14 th century England. Your neighbour slaughters cattle
and disposes of the carcasses next to your premises, causing nuisance with the smell,
which in turn discourages potential customers. What remedy would you have applied for in
14th century England? How would you have sought justice in 18 th century England, and
why?

Tip: check equitable remedies in the course reading material.

Legal English vs general English

1. Look up the following words and phrases in a regular dictionary:

action – remedy – equity – specific performance

Do their meanings correspond with their use in the required reading material?
Highlight examples from the bibliography and explain their meaning in context.

2. What was the effect of the Judicature Acts 1873-1875 on the development of equity
and on the structure of the judicial system?
3. Fill in the blanks with one or more correct words or phrases on the right column:

If a controversy arises, litigants will ask a court presented resolve set

to ______ / ______ their dispute.
ask a go to demand a petition a
A plaintiff will _______/______/____ court.
correspond to filed submitted
A claim may be ________/________.
settle solve fit the facts of
School of Law
Law I - 3125
Professor: Sergio Murias
Teaching Assistants: Déborah Kamelman – Gina Tangari

A plaintiff may ________ / ______ relief.

seek petition for demand request
A person who had been wronged had to
_____/_____/_____ the right writ, which had to ask for apply for purchase demand
_______________ the case.

apply to brought

4. Fill in the blanks with an appropriate term or phrase:

(a) A person who has __________ a wrong may _________ a remedy ________ court.

(b) If the plaintiff succeeds, the court will __________ a remedy.

(c) Depending on the type of case, a court will either __________ damages or _________ an injunction.

A claimaint could only sue _______ common law if his complaint came within the scope of an existing writ.

5. Decide what the most appropriate remedy is in each case: rescission, specific
performance, or an injunction.

(a) Emily signs a contract to sell Charlotte a gold samovar, a Russian antique of great sentimental value
because it once belonged to Charlotte’s mother. Emily then changes her mind and decides she will not
let go of the samovar. What can Charlotte do? What can a court do for her?

(b) Ralph has worked for a well-known restaurant for two years. In his work assisting the chef, he learnt a
number of secret recipes created specifically for the restaurant. For this reason, Ralph’s employment
contract included a valid noncompete clause, which forbade Ralph from competing with the restaurant if
he decided to leave the restaurant. Ralph quit the job and set up his own deli just around the corner.
What can the manager do? What can a court do for her?

(c) Marty signed a contract to sell an oceanfront condo to Sarah. Marty drafted a contract that included
the sale price, address and everything included in the price. After thinking about it, Marty decided he
wanted to keep a few things included in the price, like an air conditioner, a shrub and a built-in safe
deposit box. When Sarah arrived at her new home, she noticed a few things missing. Sarah feels she
has been deceived. What can she do? What can a court do for her?
School of Law
Law I - 3125
Professor: Sergio Murias
Teaching Assistants: Déborah Kamelman – Gina Tangari

Do you notice any difference between the expression “common law” as used by Lord
Templeman and Bruce and as used by Neubauer in connection with legal systems?