Judiciary

[Student2]

How and why are the judiciary involved in the law making process?

[Ethel]

In case law (common law), where the laws how evolved and adapted over time in the courts, and the rules of the superior courts have to be adhered by lesser courts.

[Ethel]

Good basic explanation here:

http://en.wikipedia.org/wiki/Common_law

I suggest you buy the 'law in a nutshell' type books in addition to the recommended reading.

[Student2]

Thank you Ethel, what would be a good example to go onto explain?

[Ethel]

Well murder is a good example of common law, and the defences have developed over time because of case law.

My favourite though is R v Brown and others, assuming you are in further education. The details are a bit ripe for under 16s.

This case determined that consent is not a defence to physical harm.

[Student2]

Thank you! I am studying towards the LLB and having great difficulty determining what they mean by half of the questions. My previous question about parliament is still getting the better of me and trying to answer the question consisely and in the allotted words but i dont understand the question.
Are you guys lawyers or something, coz you are very good!

[fredpuli47]

Student2 . Good for you! ?

Early days are often the hardest. If you think this is taxing then wait for doctrine of renvoi in comparative law (private international law).

European law ?We are bound ,by treaty, to make some laws.You'll have to find out how and when.

We have a legal system whereby judges over centuries have established what the law is and still do.You will find examples of such 'judge made' law which eventually ends up being recorded or codified in a statute, but a great deal of it has never been set out in any act of parliament. Sometimes the common law is not made statute but simply modified a little. The basic definition of murder is taken from Coke's [pronounced Cook's] Institutes, published in 1797 a reference work for practitioners and judges (and serious students). Coke was setting out what he knew the law to be, as established by judges.One element in the definition was that the death had to occur within a year and a day of the action causing it.Parlliament has only recently changed that.. Even so Parliament only had the time limit removed where the act or omission causing the death occured on or after June 16th 1996 !

Coke said you are guilty of murder if you kill someone unlawfully , intending to cause them grievous bodily harm (i.e you did not have to intend to kill) . Odd though that may sound, it remains the law and has repeatedly been confirmed by judges.

The career of Lord Denning is a law book in itself! He was not fond of legal precedents being blindly followed or contracts being construed so literally that there was an obvious injustice. He didn't like heavy -handed government much, either.If you study his judgments (which you are certain to do) you mayl think that sometimes he is ruling against a statute or Order being literally interpreted, if that would produce a manifest injustice in the case before him(and sometimes you would be right !) <

[Student2]

Thank you Fred for this explaination - very helpful and a good section to study.
Being a mature student, i have picked up and put down studying law but have always remained interested.
I am now studying full time and getting to grips again with the schooling methods!
Thanks once again - i am sure there will be many more questions.

[lawstudent21]

hi student2 i am working towards LLB aswell looks like we are both having trouble on the same questions!!