Principles of the English Legal System Book Review : English Legal System Explained : Poised Solutions Library

Principles of the English Legal System Book Review

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

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
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
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
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
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
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
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
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
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
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
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
The Funding of Legal Services
- Legal Aid
- Unmet Legal Need
- Conditional Fee Arrangements
The European Union
- Introduction
- Sources of European Community Law
- The Institutions of the European Union
- The European Convention of Human Rights