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(contd)
Plaintiffs unable to gain access to the three common
law courts might directly appeal to the sovereign,
and such pleas would be passed for consideration
and decision to the Lord Chancellor, who acted as
the kings conscience. As the common law courts
became more formalistic and more inaccessible,
pleas to the Chancellor correspondingly increased
and eventually this resulted in the emergence of a
specific court constituted to deliver equitable or
fair decisions in cases that the common law
courts declined to deal with. As had happened with
the common law, the decisions of the Courts of
Equity established principles that were used to
decide later cases, so it should not be thought
that the use of equity meant that judges had
discretion to decide cases on the basis of their
personal idea of what was just in each case.
Crime categories
A crime is an illegal act which may result
in prosecution and punishment by the
state if the accused (= the person or
people charged with a crime) is / are
convicted (= found guilty in a court of
law). Generally, in order to be convicted
of a crime, the accused must be shown
to have committed
an illegal (= unlawful) act
with a criminal state of mind.
Crimes against the person: abduction; actual bodily harm; assault; battery;
grievous bodily harm; indecent assault; infanticide; manslaughter; murder;
paedophilia (also called unlawful sex); racial abuse; rape; wounding. Note that
some crimes against the person, such as murder and paedophilia, are also
considered to be crimes against society.
Crimes against property: arson; being equipped to steal; blackmail; breaking and
entering; burglary (if the burglar is armed, this is called aggravated burglary);
criminal damage; deception or fraud; embezzlement; forgery; handling stolen
goods; money laundering; piracy (specifically intellectual property. Note that
piracy can also refer to the attacking of ships at sea in order to commit a
robbery); possessing something with intent to damage or destroy property;
robbery (if the robber is armed, this is called armed robbery); theft.
Public order offences: committing a breach of the peace; drug dealing (the moving
of drugs from one country to another is called drug trafficking); misuse of drugs;
obscenity; obstruction of the police; possessing weapons; unlawful assembly.
Road traffic offences: careless or reckless driving; driving without a licence or
insurance; drunk in charge.
Sexual offences: bigamy; indecency; paedophilia; rape.
Political offences: breach of the Official Secrets Act; bribery (especially if the
person being bribed is a Member of Parliament); espionage; sedition; terrorism;
treason.
Offences against justice: aiding and abetting an offender; bribery (especially if the
person being bribed is, for example, a police officer or a juror); conspiracy;
contempt of court; perjury; perverting the course of justice.
Law breakers
Chapter summary
Law may be categorised in a number of ways, although the
various categories are not mutually exclusive.
Common law and civil law relate to distinct legal systems. The
English legal system is a common law one as opposed to
continental systems, which are based on civil law.
Common law and equity distinguish the two historical sources
and systems of English law. Common law emerged in the
process of establishing a single legal system throughout the
country. Equity was developed later to soften the formal rigour
of the common law. The two systems are now united, but in the
final analysis, equity should prevail.
Common law and statute relate to the source of law. Common
law is judge made; statute law is produced by parliament.
Private law and public law relate to whom the law is addressed.
Private law relates to individual citizens, whereas public law
relates to institutions of government.
Civil law and criminal law distinguish between law, the purpose
of which is to facilitate the interaction of individuals and law
that is aimed at enforcing particular standards of behaviour.