1 What Is Meant by Law?

Law and morality

Morality is what is right and wrong according to a set of values or beliefs governing a groups behaviour
Law and morality usually overlap on major issues, but may differ on other matters
Positivists state that law and morality are essentially separate, while proponents of the natural law theory
believe that law and morality should coincide
The most common definition in English legal textbooks
Law: rules of conduct
imposed by a state
upon its members
and enforced by the courts
Elements of the definition: rules of conduct, state, courts
Rules of conduct
Social purpose of law: to regulate human behaviour hence rules of conduct v. simply rules
State
A state each state has different rules
Upon its members valid for the citizens of that state
The courts
Law exists to establish social order in a manner defined by the interest of the rulers of society
Crime and punishment
Crime as an offence against the community punishable by the state the state acts as the prosecutor
Vocabulary
Conform pridravati se
Neglect - zanemarivanje
Infraction krenje
To violate a rule prekriti pravilo
Coercion prisila ili prinuda
To break the law kriti zakon
To read law studirati pravo
To take the law into ones hands krojiti pravdu
To enact a law - ozakoniti
To be at law parniiti se
To lay down the law propisivati zakon ili pravila (nametati svoje tumaenje kao autoritativno)
The rule of law vladavina prava, pravna drava
Legal systems of the world
Civil law
Common law
Religious law
Civil (continental) law
Based on Roman law
Main source of law is legislation
Laws provide general principles and guidelines to be applied to each particular case
Characterised by codification (written collections of laws which apply to all)
Common law
Developed in England in the 12th century
Made by judges
Main source of law are precedents (previous decisions made by superior courts on similar facts)
Religious law
Religious law refers to ethical and moral codes taught by religious traditions.
Legal system using a religious system or documents as a legal source
Usually follows the principles of either civil or common law
Examples: Islamic sharia, hindu law
Task

A body that is appointed to make a judgement or inquiry TRIBUNAL

A countrys body of judges THE JUDICIARY
An act or acts passed by a law-making body LEGISLATION
Behaviour recognised by a community as binding RULE
Legal proceeedings LEGAL ACTION
An official body that has authority to try criminals, resolve disputes, or make other legal decisions COURT
A senior official in a court of law JUDGE
The body or system of rules recognised by a community that are enforceable by established process LEGAL
SYSTEM
The control resulting from following a communitys system of rules AUTHORITY
To rule a society and control the behaviour of its members GOVERN

2 Sources and Varieties of English Law

The United Kingdom
The United Kingdom means Great Britain and Northern Ireland; Great Britain means England, Scotland
and Wales
A constitutional monarchy
The United Kingdom is a unitary state, but it does not have a single body of law
England, Scotland, Wales and Northern Ireland have their own legal systems and courts
The separation of powers
The great political philosopher Montesquieu coined the phrase the separation of powers in the 18th
century
Government should be set so that no man need be afraid of another
Three individual elements of the state:
The executive, the legislature and the judiciary
Branches of government
The executive: Government
The legislative: Parliament as the highest legislative body in the UK
The judiciary: hierarchy of courts
The Rule of Law
No person is above the law
The supremacy of law decisions should be made by the application of known principle or laws
without the intervention of discretion in their application
The right to a fair hearing
Classification of law
Law can be classified by:
The type (the matters that the law is regulating)
The source from which it comes
English law
English law means the legal system of England and Wales
Classification by source

Common law ope pravo

Statute law kodificirano pravo
Equity pravinost
EU law pravo Europske unije
Who makes the law?
Parliament (statute law)
Courts (common law, equity)

The European Union (EU law)

The Council of Europe
Hierarchy
1. EU Law law that emanates from the Institutions of the EU
2. Statute law made by Parliament
3. Common Law (customary law, judge-made law, case law) made by the decisions of the judges
4. Equity created by the Chancery court under the Lord Chancellor to fill in the gaps in the common
law
EU Law
The EU was established in 1951 by the creation of the European Coal and Steel Community (ESCS)
The UK joined the EU on January 1, 1973
EU legislation has primary legislation (treaties) and secondary legislation (regulations, directives,
decisions and recommendations)
EU Law can overrule national law
Statute Law
A statute is drawn up in a definite form of words, and these words have been approved by Parliament
and have received the Royal Assent (written law)
When a law (Act of Parliament) is passed, it is added to the statute book
Written and unwritten law
Two main categories of law:
Written (formally enacted) and unwritten (unenacted)
There is no authoritative text of the Common Law (unwritten law) law reports
Common Law
Traceable to Anglo-Saxon times and forms the basis of English law
It was formed from the customs of the people
Unwritten law is predominant
More precedents than legislative enactment
Common law (the general law contained in decided cases; unwritten or judge-made law) means ancient
customs, precedents and books of authority (writings of jurists)
What is meant by common law
Unwritten law is predominant
More precedents than legislative enactment
Common law (the general law contained in decided cases; unwritten or judge-made law) means ancient
customs, precedents and books of authority (writings of jurists)
Why it is called common
The first legal system that became common to the whole country (England and Wales) after the Norman
Conquest in 1066
Prior to the Norman Conquest there were many different rules of law found all over the country
customary law
William the Conqueror decided to set up a central system of government that would include the justice
system
A strong centralised Government headed by the King and advised by his Council (Curia Regis)
Rules of equity
Equity means fairness
In English law equity means that body of rules originally enforced by the Court of Chancery
Rules of equity grew up through the practice of medieval Lord Chancellors as keepers of the kings
conscience
Rise of equity
Initially claimants (dissatisfied parties) petitioned the King as fountain of justice
Eventually the King handed the responsibility to the Lord High Chancellor who (in the 15th century)
created a specialist court to deal with such matters (the Court of Chancery)
The petitions were usually in the form of allegations that the common law was defective, that common
law remedies (usually damages) were unsatisfactory or that the courts lacked jurisdiction to decide
certain cases

Rules of equity were alternative legal remedies more flexible

Equity gradually became more rigid and was fused with common law by the Judicature Act of 1873
Principal sources of English Law
Statute Law: Legislation (enacted law; statutes or Acts passed by Parliament); the doctrine of
parliamentary sovereignty
Common Law: Precedent (courts are interpreters of law); previous decisions by superior courts on
similar facts
Subsidiary sources of English Law
Common law means judicial precedents, but also ancient customs and writing of jurists - books of
authority
The subsidiary sources are customs and books of authority
Customs
Customs are social habits or patterns of behaviour
Conventionalrules
Many of early rules of the common law were general customs which the courts adopted
The customs must be reasonable, certain and ancient must go back to 1189
Books of authority
The writings of legal authors
Cited in courts
Some books by prominent authors are as authoritative as precedents e.g. Blackstones Commentaries
(1765)
Common law v. Roman law
Common law is a native product of Britain
It absorbed only a few rules of Roman law
A unique legal system
Common law remedies
Legal and equitable remedies
Legal remedies: damages awarded by courts
Equitable remedies: equitable remedies are appropriate when an award of damages will not lead to a fair
result; a court can issue an injunction to order a party to stop doing something (a prohibitory injunction)
or to do something (a mandatory injunction).
Common Law and Statute Law
Common Law has grown rather then being made
Statutes began with the reissue of Magna Carta in 1225 in the reign of Henry III
A large volume is added every year
Much of the fundamental part of English law is still Common law
Sovereignty of Parliament
Where Statute Law and Common Law come into competition, Statute Law prevails
The sovereignty of Parliament is the dominant characteristics of English political institutions
No court or judge can refuse to enforce an Act of Parliament
No development of Common Law can repeal an Act of Parliament
Advantages of case law
Certainty: the fact that decided cases are binding makes it certain that every future case which is
essentially similar will be decided in the same way
The possibility of growth: new rules meet new circumstances
A great wealth of detailed rules: English law is richer than any code of law
Practical character: rules laid down by the cases are in close touch with the needs of everyday life
Disadvantages of case law
Rigidity: once a rule has been decided, it is difficult to depart from it
Lack of logical distinctions: Rules which are logically inconsistent with each other are sometimes
developed along distinct lines of cases conflict
Bulk and complexity more than 2,000 volumes of law reports make the case law difficult to apply
The British Constitution
It has evolved over many centuries

It is not set out in any single document

It is made up of statute law, common law and conventions
Conventions are rules and practices which are not legally enforceable, but which are regarded as
indispensable to the working of government
The constitution can be altered by Act of Parliament, or by general agreement to alter a convention
Varieties of English Law: Classification by types of law
Law can be classified by the type of law
Classification by types of law includes distinctions between international or national and public or
private
National and international law
National (domestic, internal) law the law of a state regulating its domestic affairs
International law A body of rules that regulates relations between states and rights and duties of
individuals in their relations to foreign states and with each other
Public and private law
National law can be divided into public law and private law
Public law involves the State in some way; it is the area of law in which the state has a direct interest
(administrative law, constitutional law, revenue law, criminal law)
Private law controls the relationships between individuals
Branches of public law
Administrative law the body of law which deals with the powers of the executive organs of the state
Constitutional law the area of law that deals with the interpretation and construction of constitutions
Revenue law the area of law concerned with income and taxes
Criminal and civil law
Criminal law a branch of law concerned with behaviour that is considered to be harmful to society as a
whole: the state (prosecutor) takes legal action against the wrong-doer in the name of society
Civil law a branch of law that deals with disputes between individuals
The injured party (plaintiff or claimant) takes legal action
Vocabulary
Unitary state jedinstvena drava
Principal sources glavni izvori
Subsidiary sources sporedni izvori
Common law ope pravo
Injunction sudski nalog, sudska zabrana
Statute law kodificirano (pisano) pravo
Rules of equity pravila pravinosti
Administrative law upravno pravo
Constitutional law ustavno pravo
Criminal law kazneno pravo
Revenue law financijsko pravo
Prosecutor tuitelj
Claimant (plaintiff) tuitelj u graanskoj parnici

3 Statute Law in Britain

Separation of Powers
Executive the government
Legislative - Parliament
Judicial hierarchy of courts
Parliament of the UK
The highest legislative organ
Constitutionally consists of the Monarch, The House of Lords and the House of Commons
The Queen in Parliament represents the supreme authority within the United Kingdom
The House of Commons
An elected and representative body
650 Members of Parliament (MPs) who represent their constituencies
Members are elected at General Elections held every five years

Members are paid a salary and an allowance

Speaker
Speaker of the House of Commons presides over the House
The traditional guardian of the rights and privileges of the House
The House of Lords in past
In the past mainly a hereditary body
Lords Temporal (hereditary peers and peeresses who have not disclaimed their peerage; life peers
created by the Crown under the Life Peerages Act of 1958 and Lords of Appeal in Ordinary Law
Lords)
Lords Spiritual (the Archbishops of Canterbury and York and 24 senior bishops of the Church of
England)
The House of Lords today
The Lords currently has around 740 Members, and there are three different types:
elected hereditary Peers, life Peers (Lords Temporal) and bishops (Lords Spiritual)
Unlike MPs, the public do not elect the Lords. The majority are appointed by the Queen on the
recommendation of the Prime Minister or of the House of Lords Appointments Commission.
Elected hereditary Peers
The right of hereditary Peers to sit and vote in the House of Lords was ended in 1999 by the House of
Lords Act but 92 Members were elected internally to remain until the next stage of the Lords reform
process.
Life Peers
Appointed for their lifetime only, these Lords' titles are not passed on to their children. The Queen
formally appoints life Peers on the advice and recommendation of the Prime Minister.
Bishops(Lords Spiritual)
A limited number of 26 Church of England archbishops and bishops sit in the House, passing their
membership on to the next most senior bishop when they retire.
Lord Chancellor
Speaker of the House of Lords
A member of the government Minister of Justice
Until 2009 presided over the judicial committee of the House of Lords
The Monarch
An integral part of the legislature
Summons, prorogues (dismisses at the end of a session) and dissolves Parliament
Opens new sessions of Parliament with the Royal Speech
Gives Royal Assent before a Bill which has passed all the stages in both Houses becomes a law
Legislative Procedure
Pressure for new laws
Pressure for new laws comes from a variety of sources, mainly:
Government policy
EU Law
Law Commission reports
Reports by other commissions
Pressure groups
Pre-parliamentary process
The Government sets its legislative programme for the parliamentary session in the Queens Speech at
the opening of Parliament
Consultation more common in recent years (The Law Commission)
Types of Bill
Government Bill introduced by the Government through the relevant Minister
Public Bill one which relates to matters that affect the public
Private Bill one which relates to the powers and interests of certain individuals or institutions
Hybrid Bill one which features both a public and a private Bill
Private Members Bill one introduced by a MP
Passing a Bill

A Bill may be started in either the House of Commons or the House of Lords, but it has to go through the
same procedure in each House and pass all stages of the legislative procedure in order to become law
Legislative procedure
Principal stages (for government bills)
Inspiration
Formulation
Drafting
Parliamentary Scrutiny
Voting
The Royal Assent
Implementation
Inspiration
Ideas for a law come from a variety of sources (political parties, Government departments, interest
groups, professional bodies)
Formulation
Becomes the responsibility of relevant Ministers and civil servants
Cabinet committees
Consultation with experts, interest groups, trade associations and others likely to be affected by the
legislation
Drafting
Preparation of a draft bill
Draft bills introduced to Parliament
Parliamentary Scrutiny
First reading (no debate)
Second reading (principle debated on floor)
Committee stage (clause-by-clause scrutiny in Standing Committee)
Report (amendments considered on floor)
Third reading (final version debated)
Voting
The Royal Assent
The Queen has to sign the Bill
Then it becomes an Act of Parliament
The Statute Book
Implementation binding for all the courts in the country
Interpretation leads to precedents
Repeal
If a new statute is clearly contrary to the old one already in the Statute Book, the new one must clearly
repeal those parts of the old statute
The old statute (or its parts) are no longer valid
Vocabulary
House of Commons Donji dom
House of Lords Gornji dom
Hereditary peerage nasljedno plemstvo
Constituency izborna jedinica
Bill prijedlog zakona
Repeal opoziv zakona
Answer key-task
Parliament is the legislative organ and is constitutionally composed of the Monarch, the House of Lords
and the House of Commons. The Queen in Parliament represents the supreme authority within the
United Kingdom. The House of Commons is an elected and representative body, with members elected
at General Elections every five years. Before 1999 the House of Lords used to be a hereditary body. The
Queen summons, prorogues and dissolves Parliament. No bill can become a law unless the Queen gives
Royal Assent.

4 The British Judiciary

The Court System

Hierarchy of courts (lower or inferior courts and high or superior courts)
Criminal and civil division
Inferior courts
County courts (civil)
Magistrates courts and Crown courts (criminal)
Superior courts
The Supreme Court of the UK
The Court of Appeal (civil and criminal division)
The High Court of Justice (three divisions Queens Bench, Family and Chancery division)
Judges
Justices of the Supreme Court
Lord Justices of Appeal
Puisne judges (High Court of Justice)
Circuit judges
Recorders
District judges
Justices of the Peace (Magistrates courts)
Lord Chancellor before 2005
Prior to the Constitutional Reform Act of 2005, the Lord Chancellor combined executive, judicial and
legislative roles he was the minister of Justice (executive), head of the judicial committee of the House
of Lords and responsible for judicial appointments (judicial) and Speaker of the House of Lords
(legislative)
He decided about judicial appointments independently or together with the Prime Minister
Constitutional Reform Act of 2005
The Act reduced the role of the Lord Chancellor and extended the role of the Lord Chief Justice,
constituted the Supreme Court of the UK (established in 2009) and abolished the Appellate Committee
of the House of Lords as the highest court in the country
Judicial appointment
The Courts and Legal Services Act of 1990 sets out the professional qualification needed to become a
judge
Since 2005 the Judicial Appointments Commission has selected the judges
The Judicial Appointments Commission
Set up under the Constitutional Reform Act of 2005
Consists of 15 members
Selection is based on merit
The Commission recommends to the Lord Chancellor who should be appointed
Inferior judges
District judges (County Court, Magistrates Court)
Recorders (County Court and the Crown Court part-time judges )
Circuit judges (County Court and/or Crown Court)
They are drawn from the ranks of solicitors or barristers with at least ten years of experience
Possible to advance from lower to more senior judicial offices
Superior judges
High Court Judges or Puisne judges (High Court) appointed in the three divisions: Queens Bench,
Chancery court, Family court
Lord Justices of Appeal (the Court of Appeal)
Justices of the Supreme Court
The Lord Chief Justice
Head of the judiciary for England and Wales
Presides over the Criminal Division of the Court of Appeal
Training of judges
Organised by the Judicial Studies Board (JSB)
For most new judges there is a short residential course
Continuation seminars

Additional special training schemes for new areas of law

Removal
Superior judges have the security of tenure that dates back to the Act of Settlement of 1701 they can
only be removed by the Monarch following a petition presented by both Houses of Parliament
Inferior judges can be dismissed by the Lord Chancellor for incapacity or misbehaviour
Protection of judicial independence
Judges have immunity from being sued for anything they do in the course of their judicial duty
Judicial salaries are paid from the Consolidated Fund so there is no need for parliamentary authorisation
The security of tenure of superior judges
Political activity
Judges are expected to abstain from political activity and be neutral when making their decisions
The Lord Chancellors role
Appointed by the Prime Minister and can be dismissed by him/her
The Minister of Justice and an MP
He no longer acts as the head of the judiciary (now it is the Lord Chief Justice), nor sits as a judge
He has a role in appointing judges
Recent changes
The Constitutional Reform Act of 2005 provided that the Lord Chancellor no longer needs to be a
lawyer, that he/she can be a member of the House of Lords or the House of Commons
In 2007 Jack Straw became the first Lord Chancellor since the 16th century to sit in the House of
Commons
New Lord Chancellor
May 14, 2010
Kenneth Clarke
The Supreme Court
Established in 2009
Replaced the former highest court in the country the Appellate Committee of the House of Lords
Justices are now independent from Parliament
Why was it established in 2009?
Why is it more accessible to the public?
How can an appeal reach the Supreme Court?
Hierarchy of courts
Ona slika
Comprehension
Read Unit 4 (pp. 16-17) and find the words or phrases you are unfamiliar with!
Vocabulary
Judiciary sudstvo
Constitutional Reform Act Zakon o ustavnoj refomi
to alter somebodys role- izmijeniti neiju ulogu
The Appellatte Committee of the House of Lords Prizivno vijee pri Gornjem domu (do 2009. najvii
sud u UK)
tenure trajno zvanje
final ruling konana sudska odluka
bias predrasude

5 The Doctrine of Precedent

Precedent
A previous decision made by a superior court on similar facts - it requires that in certain circumstances a
decision made on a legal point made in an earlier case must be followed
The doctrine of precedent (stare decisis)
The hierarchy of courts
The doctrine of precedent
Stare decisis

The doctrine of judicial precedent is based on stare decisis. That is the standing by of previous decisions.
Once a point of law has been decided in a particular case, that law must be applied in all future cases
containing the same material facts.
The doctrine is:
All courts are bound to follow decisions made by courts above them;
Appellate courts are normally bound by their own past decisions
The doctrine of precedent cont.
The doctrine works by requiring judges to follow the decisions made in previous cases, thus ensuring
that there is a consistency in the law and that people coming to the law will be able to make an educated
guess as to the potential success and likely outcome of their case
The hierarchy of courts
When a point of European Law is involved, the decisions of the European Court of Justice are binding
on all courts in England and Wales
The House of Lords used to be the highest court in England and Wales; now it is the Supreme Court of
the UK
Hierarchy:
The Supreme Court
Court of Appeal
Divisional Courts (High Court)
Inferior courts: Crown Court, Magistrates Court, County Court, Tribunals
ECJ
European Court of Justice
The European Court of Justice does not recognise the doctrine of precedent and is free to depart from its
own previous decisions. Decisions from the ECJ are binding on all courts in England & Wales.
Types of precedents
Original
Declaratory
Binding
Persuasive
Original Precedent
Where there is no previous decision on a point of law that has to be decided by a court, then the decision
made in that case on that point of law is an original precedent
When the court has to form an original precedent, the court will reason by analogy (considering the cases
that are nearest to it in principle)
Declaratory precedent
The judges in the case merely declared what the law has always been
Declaratory theory of law making
According to William Blackstone judges do not create or change laws. They simply discover and declare
what the law has always been. This means that case law operates retrospectively since the law as
declared has always existed.
Binding Precedent
A past decision is binding if:
The legal point involved is the same as the legal point in the case now being decided
The earlier decision was made by a court above the present court in the hierarchy, or a court at the same
level which is bound by its own past judgments
The point was argued in the case
Persuasive Precedent
The one which the court will consider and may be persuaded by, but which does not have to be followed,
such as obiter dicta, a dissenting judgment or ratios from decisions by courts lower in hierarchy
Law Reports
The reasons for decisions of past cases must be properly recorded in order for a system of precedent to
operate effectively
From 1537 to 1863 various private law reports were used
Since 1863 the Incorporated Council of Law Reporting has produced the official law reports
Judgments of superior courts are available on their official sites on the Internet

Ratio decidendi
In order for the doctrine of judicial precedent to work, it is necessary to be able to determine what a
point of law is. In the course of delivering a judgment, the judge will set out their reasons for reaching a
decision. The reasons which are necessary for them to reach their decision amount to the ratio decidendi
of the case. The ratio decidendi forms the legal principle which is a binding precedent meaning it must
be followed in future cases containing the same material facts.
Ratio decidendi - the reason for the decision
The principles of law that are essential to the decision
Defined as any rule expressly or impliedly treated by the judge as a necessary step in reaching his
conclusion.
Obiter dicta
Statements in passing (things said by the way)
Statements of principles of law that are not relevant to the decision
Can be persuasive
Avoiding precedent
Judges may avoid following a previous precedent by:
Overruling
Reversing
Distinguishing
Overruling
This is where a court higher in the hierarchy departs from a decision made in a lower court. The previous
decision is no longer binding.
Reversing
This is where a higher court departs from the decision of the lower court on appeal.
Distinguishing
This is where the facts of the case are deemed sufficiently different so that the previous case is no longer
binding.
Arguments for the doctrine
Time saving
Certainty
Justice
Consistency
Flexibility
Arguments against the doctrine
Promotes laziness
Stagnation
Backwards looking
Difficult to remedy mistakes
Vocabulary
Binding precedent obvezujui presedan
Persuasive precedent preporuljivi presedan
Precedent law pravo rijeenih sluajeva
Divisional courts sudski odjeli Visokog suda
Law Reports zbirka sudskih odluka
Dissenting judgment sudska odluka uz izdvojeno miljenje
Ratio decidendi razlog za donoenje odluke
Obiter dicta usputne primjedbe

6 The Legal Profession in Britain

Branches
The legal profession in England and Wales is divided into two branches: solicitors and barristers
Each is governed by its own professional body
Solicitors are represented by the Law Society and barristers by the Bar Council
The role of solicitors

Lawyers in the UK generally practise as solicitors in private firms, as legal advisors in corporations or
government departments
They can do advocacy, draft legal documents and give written advice
Specialisation (contracts, wills, conveyancing etc.)
Direct access by clients
Client representation
Solicitors are responsible for all the preparatory pre-court work, while barristers represent the client in
the court
Solicitors traditionally have the right of audience only in inferior courts
Training
The first degree if not in law, they must take Graduate Diploma in Law
One-year Legal Practice Course (LPC), then the CPE Common Professional Examination
Serving articles (traineeship) 2 years of
training with a senior solicitor
Admitted by the Master of the Rolls name added to the roll of officers of the Supreme Court
Advocacy rights
After the training, a trainee is admitted as a solicitor by the Law Society
Advocacy rights in the Magistrates Court and the County Court
The Access to Justice Act of 1990 allowed them to apply for advocacy rights in the higher courts (only
2% applied)
Certificate to practise renewable every year
The Law Society
The governing body of solicitors
A regulatory body that can set rules and discipline solicitors
The representative of the interests of solicitors
Barristers
The right of audience in every court in England and Wales
They are the court advocates and consultant specialists of the legal profession
Court work providing representation
Specialist legal advise giving opinions
Nature of the work
Sole traders with unlimited liability
Self-employed practice - chambers
Most barristers work in chambers, but it is no longer compulsory for them to do so
They are now permitted to practise alone, working from an office or home
Training
Intending barristers need a qualifying law degree (LLB)
Graduates in non-law subject undertake a one year conversion course known as GDL (postgraduate
Diploma in Law)
Bar Vocational Course to gain practical skills of advocacy
The student barrister then applies to one of the Inns of Court
Call to the Bar
After passing the BVC and completing the necessary attendance at an Inn of Court, the person is called
to the Bar and is officially qualified as a barrister
Pupillage
Tenancy in chambers
Practise as barrister
Pupillage
One year pupillage in chambers
Two parts: a non-practising six months when pupils shadow their pupil master
Practising six months when pupils undertake to supply legal services and exercise right of audience
Full Qualification Certificate
Pupils must learn:
the rules of conduct and etiquette at the Bar
to prepare and present a case competently

To draft pleadings and opinions

The qualified barrister applies for a tenancy in chambers
The Inns of Court
Grays Inn, Lincolns Inn, Inner Temple and Middle Temple
Keeping terms (dining at their Inn a fixed number of times or attending weekend courses run by their
Inn)
Call to the Bar passing the examination conducted by the Council of Legal Education
The Bar Council
The governing body of barristers
Regulated by a Code of Conduct
Regulatory and representative functions
Main purpose: to maintain and enhance professional standards
Complaints against barristers are handled by the Bar Standards Board
A career as a barrister
http://www.barcouncil.org.uk/becoming-a-barrister/why-become-a-barrister/'a-career-as-a-barrister'short-films/
Bar Statistics
According to the General Council of the Bar, there are more than 15,000 barristers in independent
practice in England and Wales, of whom more than 60% are men
10% of all barristers from an ethnic minority
Junior and Senior Barristers
When a junior barrister has practised at the Bar for 10-15 years, it is possible to apply to the Lord
Chancellor to take silk - to become a senior barrister, or Queens Counsel, whose work concentrates on
court appearances, advocacy and opinions
All barristers who are not QCs are known as junior barristers
An independent selection panel recommends who should be appointed to the Lord Chancellor
Queens Counsel
QCs or silks tend to specialise and take on more complex cases than junior barristers, and can command
higher fees
Silks
http://www.youtube.com/watch?v=1rHZzjcRB3g
Solicitors and barristers
Solicitors are in direct contact with the lay client; can be sued for negligence
They represent clients in courts of inferior jurisdiction
In more serious cases, they do the preparatory work and approach the barristers
Barristers represent the client in all courts
Legal Services Act 2007
The Act provides for the creation of the Legal Services Bord (LSB) that consists of a Chairman and 7-10
members
The role of the Bord is to have independent oversight regulation of the legal profession
Advocates liability
The House of Lords held in Arthur JS Hall and Co v Simmons (2002) that it is no longer in the public
interest for advocates to have immunity from suit.
Barristers can now be sued for professional negligence alleged to have occured in court (previously they
could be sued only for out-of-court peparatory work)
Answer key-task
Professional EXAMINATION must be passed before anyone can become a solicitor. A solicitor is bound
contractually to his or her client and can be sued for NEGLIGENCE. Barristers may take instructions
only from SOLICITORS, not from LAY CLIENTS directly.
Answer key-task 2
The chief FEATURE of the English legal profession is that it is divided into two SECTIONS, solicitors
and barristers. The two sides were, traditionally, characterised by their MONOPOLIES. The Bar had a
monopoly over rights of AUDIENCE in the higher courts and solicitors have a monopoly over initial
contact with most CLIENTS. Solicitors best-known monopoly was CONVEYANCING. These
monopolies have been considerably ERODED in the 1980s and 90s and the legal profession has been in

a state of flux since it was subject of SCRUTINY by the Royal Commission on Legal Services from
1976-1979.
Comprehension check
Read Unit 6 (p. 27-28) and answer the following questions:
Whose apprenticeship is known as a training contract?
Who specialises in the formation of companies?
Who is liable to be sued for negligence?
Can barristers be disbarred?
Translate the following:
A barrister is essentially an advocate whose task is to present his clients case effectively in court. A
portion of hiw work includes the drafting of opinions on difficult points of law, the settling of pleadings
and advice on evidence and procedural matters.
Vocabulary
Apprenticeship pripravnitvo
Pupilage vjebenitvo
The formation of companies osnivanje drutava
Conveyancing prijenos vlasnitva
Brief pismena uputa o postupku
Defamation kleveta
Negligence nemar, nehaj
Chambers odvjetniki ured
Points of law pravna pitanja

7 Legal Aid
Definition
Legal aid is state-funded legal representation, advice and assistance, usually carried out by a solicitor or
a barrister
In the UK, it has been available since 1949
Today it is administered by Legal Aid Agency
Legal Services Commission
the Legal Services Commission (LSC): The Community Legal Service for civil cases and The Criminal
Defence Service for criminal cases was established in 1999
It used to run the legal aid scheme in England and Wales overseen by the Ministry of Justice
Replaced by Legal Aid Agency in 2013
Legal Aid Agency
Legal Aid, Sentencing and Punishment of Offenders (LASPO) Act 2012 abolished LSC
The Legal Aid Agency established on 1 April 2013
About legal aid
The government provides funding for legal aid to help people:
Protect their basic rights and get a fair hearing the rule of law
Access the court process to sort out disputes
Solve problems that contribute to social exclusion
Who can get legal aid?
People of limited means: persons who are receiving income support or income based jobseekers
allowance
Every applicant has to provide a statement about their income and capital
Capital should not exceed 8,000
If a client provides false information, public funding is taken away
Who can provide legal aid?
Solicitors or advice agencies that hold a contract with the Legal Aid Agency
In the earlier systems, any solicitor could provide legal assistance and then claim fees from the State
It is provided through 5,400 solicitors offices and not-for-profit advice agencies
5,578 Duty Solicitors provide advice at police stations and Magistrates Courts
Social justice
In a democratic society all citizens have a right to access justice and get a fair trial
Legal aid helps people understand their legal obligations and if necessary enforce their legal rights

History of legal aid

Legal aid was born on July 30, 1949
Legal Advice and Assistance Act was passed in 1972 the services of a solicitor became obtainable for
work not necessarily involving litigation
Legal Aid Act 1988 brought various changes of legal aid, including the introduction of means and merit
test
Access to Justice Act 1999 established the Legal Services Commission
Legal Aid Agency established in 2013
Means and merit test
Means test to see if the applicant is sufficiently finacially disadvantaged to be eligible for legal aid
Merit test the case is evaluated in order to establish whether it it is relevant enough to receive public
funding
Access to Justice Act 1999
Changed legal aid by introducing new criteria and selection mechanisms
It established the main authority for the organisation and provision of legal aid the Legal Services
Commission
How legal aid is changing
Legal services are being transformed by:
Working only with providers whose commitment and quality is trusted
Contracted firms undergo regular audits
Changing the way providers are paid
Cutting administration costs
Benefits for the clients
Shorter cases as solicitors and advisors are able to make their own decisions
Less form filling
More information early on the case
A stronger relation with the solicitor or advisor
Types of legal aid in civil and criminal matters
Legal help giving advice, writing letters or preparing a written case for the court
Help at court a solicitor can appear in court on a clients behalf without formally acting for them in the
whole proceedings
Family mediation help with disputes relating to children, money and property out of court
Legal representation representing a client in court
Legal aid funding before LASPO
Funding is available for expensive cases, cases involving human rights issues, housing, family disputes,
immigration etc.
It is not available for wills, defamation, claims of personal injury, boundary disputes, company law etc.
http://www.theguardian.com/law/datablog/2014/sep/09/legal-aid-in-england-and-wales-what-is-changing
Vocabulary
Legal aid pravna pomo
People of limited means ljudi ogranienih sredstava
Fair trial poteno suenje
Means test provjera imovinske sposobnosti
Merit test provjera opravdanosti zahtjeva
Litigation parnienje
Jobseekers allowance naknada za nezaposlene
Family mediation obiteljsko posredovanje
Defamation - kleveta
Legal aid in Croatia
Free Legal Aid Act was passed by the Croatian Parliament on May 16, 2009
This Act regulates the meaning of, types and range of free legal aid, the beneficiaries of legal aid, the
competence, procedure and conditions for realizing legal aid, the providers of legal aid, legal aid for
reasons of fairness, transborder realization of legal aid, financing legal aid, and supervision of the
implementation of the Act.
Forms of legal aid

Legal aid is received in the form of primary or secondary legal aid.

Approval of any form of legal aid includes exemption from payment of taxes and the costs of the
proceedings.
Primary legal aid comprises:
general legal information
legal advice
legal assistance in drawing up documents before administrative bodies and legal entities vested with
public authority
representation in administrative matters
legal aid in peaceful out-of-court settlement of disputes
representation before the European Court of Human Rights and international organizations, if this is in
accordance with international agreements and regulations on the work of those bodies
Secondary legal aid
representation before courts
legal aid in peaceful settlement of disputes before a court
drawing up documents in court proceedings
Vocabulary
To facilitate sth olakati
Access to court pristup sudovima
To adjudicate odluiti, donijeti odluku
To take into account uzeti u obzir
To exercise the right ostvariti pravo
Maintenance - uzdravanje
Pojam pravne pomoi
lanak 2.
Pravna pomo, u smislu ovoga Zakona je nain olakavanja ostvarenja prava hrvatskih dravljana i
stranaca te pristupa sudovima i javnopravnim tijelima u Republici Hrvatskoj koja o pravima i obvezama
odluuju, na nain da trokove u cijelosti ili djelomino snosi Republika Hrvatska, uzimajui u obzir
njihov materijalni poloaj i okolnost da ne bi mogli ostvariti prava bez ugroavanja svojeg uzdravanja i
uzdravanja lanova svojeg kuanstva.
Answer key
Legal aid is a system by which those below a certain income can receive free or subsidized legal
representation or advice. In criminal cases, it is paid for mainly from public funds. In civil cases, costs
will usually be met from the costs awarded by the court. It was introduced in Britain in 1949, and is now
covered in Scotland by the Legal Aid (Scotland) Act (1986), and in England and Wales by the Legal Aid
Act (1988). The high cost of legal advice is placing strain on the scheme.
To remember
Legal aid is state-funded legal representation, advice and ASSISTANCE, usually carried out by a
SOLICITOR or a BARRISTER
LSC Legal Services Commission
LSC was established by ACCESS TO JUSTICE Act in 1999

8 Civil courts
Civil courts
County Courts
High Court of Justice
The Court of Appeal (Civil Division)
The Supreme Court
County courts
In England, simple civil actions are normally heard in the County Courts all small claims cases and
fast track cases
The County Court hears first instance civil cases, such as contract disputes, compensation claims,
consumer complaints and bankruptcy cases
Claimants
Formerly called plaintiffs

They seek legal remedy for some harm or injury they have suffered
Most claims are initiated by the use of a claim form, which functions as a summons
Once a claim has been issued, a copy is served on the defendant who must respond within 14 days
Judges
Juries are now rare in civil actions, so the judge usually considers both law and fact
There are circuit judges and recorders who sit in the County Courts, usually without a jury
A recorder is a part-time judge with ten years standing as a barrister or solicitor
Recorders generally hear less complex or serious cases than circuit judges
High Court of Justice
More complex cases are heard in the High Court of Justice
It is divided in three divisions: Family, Chancery and Queens Bench
The Court has both original and appelate jurisdiction
High Court Divisions
Family Division for family-related disputes, wardship cases and cases relating to children under the
Children Act 1989
Chancery Division mortgages, trusts, copyrights and patents
Queens Bench Division contract and tort claims
The Court of Appeal
From the High Court cases may go on appeal to the civil division of the Court of Appeal, which can
reverse or uphold a decision of the lower courts
Its decision binds all the lower civil courts
The Supreme Court
The final appeal hearings and judgments of the House of Lords took place on 30 July 2009. The judicial
role of the House of Lords as the highest appeal court in the UK has ended.
From 1 October 2009, the Supreme Court of the United Kingdom assumes jurisdiction on points of law
for all civil law cases in the UK and all criminal cases in England and Wales and Northern Ireland.
Civil Procedure Rules
All cases concerning goods, property, debt repayment and breach of contract are subject to Civil
Procedure Rules.
The Rules came into force in 1999 in England and Wales as a result of the Woolf Review of the civil
justice system and changed the civil process in the County Court and the High Court
Three tracks
The CPR has introduced three "tracks" for bringing cases to trial. Depending upon the amount involved,
cases will be allocated to the appropriate track when the defence is received:
1. Small claims track
2. Fast track cases
3. Multi-track cases
Small claims tracks
Small claims track (most cases under 5,000) - replaces arbitration, similar procedurally; costs remain
unrecoverable.
Issued only in the County Court and for claims less than 5,000. There is an additional fee for
allocation to the track upon receipt of defence.
Small claims procedure
Cases are heard by a District Judge
Cases are dealt with in a relatively informal way
The winning party cannot recover the costs of using a lawyer from the losing side the use of lawyers is
discouraged
Fast Track
Fast Track for claims of 5,000 to 15,000 where the trial will not last longer than one day. Issued only in
the County Court.
Lord Woolf: a strictly limited procedure designed to take cases to trial in a short but reasonable timescale at a fixed cost
Multi-Track
Multi-Track for claims over 15,000, issued in the High Court and the County Court. Also for claims
where the Small Claims Track of Fast Track do not apply.

Comment on the post-Woolf civil system

It is generally felt that the reforms are a qualified success
The adversarial approach has been replaced by more co-operation between parties, and the use of ADR
has increased
The real issues of cases are being defined more quickly more cases settling and earlier settlements
Alternative dispute resolution (ADR)
Negotiation
Mediation/conciliation
Arbitration
Negotiation
An informal approach between the parties themselves or their lawyers
Completely private
The quickest and cheapest method of resolving a dispute
Mediation/conciliation
Mediation is a process in which a neutral person (the mediator) helps the parties reach a compromise
solution to their dispute; the parties work out a solution themselves
In conciliation the mediator (or conciliator) has power to suggest grounds for compromise and the
possible basis for settlement
Arbitration
The voluntary submission by the parties of their dispute to the judgment of an arbitrator who is neutral
The agreement to go to arbitration can be made before a dispute arises or after the dispute has arisen
The decision by the arbitrator is called an award. It is binding on the parties and can be enforced through
the courts if necessary
Vocabulary
Plaintiff/claimant tuitelj u graanskoj parnici
Consumer potroa
Mortgage hipoteka
Copyright autorsko pravo
ADR alternativno rjeavanje sporova
Mediation posredovanje
Arbitration- arbitraa

9 Criminal courts
Civil courts
County Courts
High Court of Justice
The Court of Appeal (Civil Division)
The Supreme Court
The highest appeal court in the UK until 2009 was the House of Lords.
From 1 October 2009, the Supreme Court of the United Kingdom assumes jurisdiction on points of law
for all civil law cases in the UK and all criminal cases in England and Wales and Northern Ireland.
Three tracks
Small claims track
Fast track
Multi-track
Alternative dispute resolution
Negotiation/conciliation
Mediation
Arbitration
Criminal courts and criminal procedure
Criminal courts
The Magistrates Court
The Crown Court
The Court of Appeal (Criminal Division)
The Supreme Court

Magistrates Courts
About 95% of all criminal cases in England and Wales are tried in the Magistrates Courts, which deal
with summary offences (less serious ones)
In certain circumstances, the court may commit an accused person to the Crown Court for more severe
punishment
Magistrates
One stipendiary magistrate (full-time paid magistrate who has qualified as a lawyer) or three lay
magistrates (unpaid, established members of the community)
Decide without a jury
The Crown Court
Formerly called assizes and quarter sessions
Deals with indictable offences (more serious ones)
A jury of twelve people decides whether the defendant is guilty of the crime he or she is charged with
The Court of Appeal
From the Crown Court, appeal against conviction or sentence goes to the Criminal Division of the Court
of Appeal
Criminal procedure
The state v. the defendant
The state acts as the prosecutor
Judgment is passed in the name of society
Criminal justice
The state prosecutes those charged with a crime and may apprehend suspects and detain them in custody
If the police decide that an offender should be prosecuted, a file on the case is sent to the Crown
Prosecuting Service (CPS)
The CPS
The CPS must consider whether there is enough evidence for a realistic prospect of conviction, and if so,
whether the public interest requires a prosecution
Criminal proceedings can be initiated either by the serving of a summons or, in more serious cases, by a
warrant of arrest issued by a Magistrates Court
The prosecution must prove beyond reasonable doubt that the accused committed a guilty act with a guilty
intent
If the accused person lacks the mental capacity to form a criminal intent, he or she cannot be held
responsible for the action
Criminal court proceedings
The English system of justice is adversarial (each side collects and presents their own evidence and
attacks their opponents by cross-examination).
In a criminal trial, the burden of proof is on the prosecution to prove beyond reasonable doubt that the
accused is guilty
Vocabulary
Appeal priziv
Summary offence lake kazneno djelo
Indictable offence tee kazneno djelo
Custody - pritvor
Conviction osuda
Warrant of arrest uhidbeni nalog
Summons poziv na sud
Adversarial system akuzatorni sustav
Burden of proof teret dokazivanja krivnje