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principles of the english legal system

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Principles of the English Legal System Book Review

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Principles of the English Legal System

Principles of the English Legal System

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Principles of the English Legal System
Author:
Gary Slapper
David Kelly
Publisher:
Cavendish Publishing
Published:
1998
Pages:
415

Principles of the English Legal System


Principles of the English Legal System Chapters

Principles of the English Legal System Chapters
  1. Law and Legal Study
    • Introduction
    • The Nature of Law
    • Categories of Law
      • Common Law and Civil Law
      • Common Law and Equity
      • Common Law and Statute Law
      • Private Law and Public Law
      • Civil Law and Criminal Law
    • The Separation of Powers
      • Parliamentary Sovereignty
      • Judicial Independence
    • The Rule of Law
      • AV Dicey
      • FA von Hayek
      • EP Thompson
      • Joseph Raz
      • Roberto Unger
      • Max Weber
    • Human Rights Discourse and the Rule of Law
  2. Sources of Law
    • European Community
    • Legislation
      • The Pre-Parliamentary Process
      • The Legislative Process
      • The Drafting of Legislation
      • Types of Legislation
      • Delegated Legislation
      • Advantages in the Use of Delegated Legislation
      • Disadvantages in the Prevalence of Delegated Legislation
    • Case Law
      • Precedent
      • The Hierarchy of the Courts
      • Binding Precedent
      • Evaluation
      • Advantages of Case Law
      • Disadvantage of Case Law
    • Books of Authority
    • Custom
    • Law Reform
  3. The Civil Court Structure
    • The Court Service
    • Magistrates Court
    • County Courts
    • The High Court of Justice
      • The Queen's Bench Division
      • The Queen's Bench Divisional Court
      • The Chancery Division
      • The Chancery Divisional Court
      • The Family Division
      • The Family Divisional Court
    • Appeals from the High Court
    • The Court of Appeal (Civil Division)
    • The House of Lords
    • The European Court of Justice
    • The European Court of Human Rights
    • Judicial Committee of the Privy Council
    • The Heilbron Hodge Report
  4. The Criminal Court Structure
    • Coroners' Courts
    • The Criminal Trial Courts
    • Magistrates' Courts
      • Summary Trial
      • Offences triable 'either way'
      • Youth Courts
      • Indictable Offences - Committal Proceedings
      • Developments
    • The Crown Court
      • The judges
      • Jurisdiction
      • Delay
      • Magistrates' Courts v Crown Courts
    • Criminal Appeals
      • Appeals from Magistrates' Courts
      • Appeals form the Crown Court
      • Judicial Committee of the Privy Council
      • Royal Commission on Criminal Justice
    • A Miscarriage of Justice
  5. Judicial Reasoning
    • Introduction
      • Law and Logic
    • Reasoning in General
      • Deduction Reasoning
      • Inductive Reasoning
      • Reasoning by Analogy
    • Judicial Reasoning
      • The Syllogism in Law
      • The Logical Form of Precedent
    • Statutory Interpretation
      • Problems in Interpreting Legislation
      • Approaches to Statutory Interpretation
      • Rules of Interpretation
      • Aids to Construction
      • Presumptions
    • Legal Reasoning and Rhetoric
  6. The Judiciary
    • The Constitutional Role of the Judiciary
    • Judicial Offices
      • Judicial Hierarchy
      • Legal Offices
    • Appointment of Judiciary
      • Qualifications
      • Selection of Judges
    • Training of the Judiciary
      • Runciman Commission's Recommendations
      • Judicial Reaction to Race Awareness Training
    • Retirement of Judges
    • Removal of Judges
    • Judicial Immunity from Suit
    • Magistrates
      • Powers
      • Stipendiary Magistrates
      • Qualifications
      • Appointment
    • Politics and the Judiciary
    • Judicial Review
      • Private Law Remedies
      • The Prerogative Orders
      • Locus Standi
      • Grounds for Application for Judicial Review
      • The Exclusion of Judicial Review
      • Law Commission's Report on Judicial Review
      • The Politics of Judicial Review
    • Politics of the Judiciary
      • Criticisms
  7. The Civil Process
    • The Country Court
      • Pre-trial Review
      • Small Claims
    • The High Court
      • Interlocutory Proceedings
      • Pleadings
      • Payment into Court
      • Summons for Directions
      • Discovery and Witness Statements
      • Trial by Ambush
      • Assessment of the Exchange Procedure
      • Is Discovery Necessary in All Cases?
      • Hearing
    • The Cost of Litigation
    • The Pressure to Settle Claims
      • Costs
      • Delay
      • Civil Justice Review
      • Uncertainty
      • Other Factors
    • Appeals
    • The Division of Work Between the High Court and Country Courts
    • The Courts and Legal Services Act 1990
    • Lord Woolf's Civil Justice Review
    • Access to Justice - The Woolf Civil Justice Review Interim Report 1995
  8. Arbitration, Tribunal Adjudication and Alternative Dispute Resolution
    • Introduction
    • Arbitration
      • Procedure
      • Relationship to Ordinary Courts
      • Advantages
      • Small Claims Procedure in the Country Court
      • Procedure
      • Evaluation
      • Arbitration under Codes of Conduct
    • Administrative Tribunals
      • Tribunals and Courts
      • Composition of Tribunals
      • Statutory Tribunals
      • Domestic Tribunals
      • Advantages of Tribunals
      • Disadvantages of Tribunals
    • Ombudsman
      • Procedure
      • Evaluation
    • Mediation and Conciliation
      • Mediation
      • Mediation in Divorce
      • Conciliation
  9. The Criminal Process: (1) The Investigation of Crime
    • General Introduction to the Criminal Process
    • Mistrust of the System
      • Lack of Confidence in the Systems
      • A Contradiction
    • Arrest
      • Remedies for Unlawful Arrest
      • General Powers of Arrest
      • Arrest Under Warrant
      • Common Law Arrests
      • Arrest Under Legislation
      • G v DPP (1989)
      • Walters v WH Smith & Son Ltd (1914)
      • R v Self (1992)
      • John Lewis & Co v Tims (1952)
      • What is the meaning of 'reasonable grounds for suspecting'?
      • Detention short of arrest
      • Suspects stopped in the street
      • Procedure on arrest
      • New powers under s 60 powers
      • Section 81
      • The Use of Force to Effect an Arrest
      • Duties After Arrest
    • Entry, Search and Seizure
      • Stop and Search
      • The Code of Practice for the Exercise of Statutory Powers of Stop and Search
      • Search of Arrested Persons
      • Search on Detention
      • Entry of Premises Under the Common Law
      • Entry of Premises to Make an Arrest
      • Entry and Search of Premises in Which an Arrest was Made
      • Seizure of Articles from Searches
      • Search Warrants and Safeguards
    • Interrogation, Confession and Admissibility of Evidence
      • Time Limits on Detention without Charge
      • Searches of Detained Persons
      • The Right to Have Someone Informed when Arrested
      • Access to Legal Advice
      • Notifying the Suspect of the Right to Free Legal Advice
      • Duty Solicitors
      • Delaying Access to Legal Advice
      • R v Samuel (1988)
      • R v Alladice (1988)
      • R v Davidson (1988)
      • R v Parris (1989)
      • Interviewing Before Solicitor Arrives
      • Answering Police Questions and the Right to Silence
      • Duties to Answer
      • What Can be Said in Court About Silence in the Face of Police Questioning
      • Right to Silence in Courts
      • Effective Abolition of the Right to Silence
      • Tape-recording of Interrogations
      • Confessions and the Admissibility of Evidence
      • Oppression
      • Unreliability
      • R v Heaton (1993)
      • The Court of Appeal's Decision
      • Recent Research
      • Evidence Illegally or Improperly Obtained
      • Runicman Royal Commission Proposals
      • Right of Silence and Confession Evidence
      • Corroboration of Confessions
  10. The Criminal Process: (2) The Prosecution
    • The Crown Prosecution Service
    • Bail
    • Plea Bargaining
    • The Jury
    • The Role of the Jury
    • The Selection of the Jury
    • The Decline of the Jury Trial
    • The Runciman Commission
  11. Legal Services
    • Introduction
    • The Legal Profession
    • Solicitors
    • Barristers
    • Professional Etiquette
    • Fusion
    • Change - The Courts and Legal Services Act 1990
    • The Effects of the CLSA 1990
  12. The Funding of Legal Services
    • Legal Aid
    • Unmet Legal Need
    • Conditional Fee Arrangements
  13. The European Union
    • Introduction
    • Sources of European Community Law
    • The Institutions of the European Union
    • The European Convention of Human Rights
Principles of the English Legal System Appendices
  1. Further Reading
  2. Index

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