1.1 Explain the different methods by which laws ar

1.1 Explain the different methods by which laws are made

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ATHE Level 3 Diploma in Law

3.27 The English Legal System

Unit aims

To provide an overview of the English Legal System to prepare learners for more substantive study in areas of English law.

Learning Outcomes

1. Understand key principles of English Law

1.1 Explain the different methods by which laws are made

1.2 Differentiate between criminal and civil law

1.3 Differentiate between public and private law

2. Understand the rules of statutory interpretation

2.1 Explain the traditional techniques of statutory interpretation and how they are used

2.2 Describe intrinsic and extrinsic aids

3. Know the organisation and work of the English courts

3.1 Describe the court hierarchy for both criminal and civil law

3.2 Explain the process of appeals

4. Understand the operation of judicial precedent

4.1 Explain how the rules of ‘stare decisis’, ‘ratio decidendi’ and ‘obiter dicta’ are used

4.2 Differentiate between ‘distinguishing’, ‘reversing’, ‘binding’ and ‘overruling’, giving examples of how they have been used in specific cases

4.3 Describe how courts are bound by each other with reference to Young vs Bristol Aeroplane Co Ltd (1944) 2 All ER 293

4.4 Explain the impact of ‘res judicata

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