Law
Made Simple
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Law: Made Simple, 8TH Edition focuses on the history, elements, and interpretation of English law. The publication first elaborates on the historical and legal sources of English law and courts. Discussions cover juries, arbitration, civil, criminal, and other courts, administrative tribunals, legislation, textbooks, local custom, equity, and canon law. The book then takes a look at the judiciary, law officers, and the legal profession, outline of the law of persons, and law of contract. Topics include discharge of contract, remedies for a breach of contract, interpretation of a contract, classification of contracts, essentials of a valid contract, marriage, divorce, corporations, adoption, legitimation, guardianship, solicitors, and barristers. The manuscript examines criminal law, law of succession, law of property, and trusts. Concerns include differences between private and charitable trusts, appointment of trustees, duties and powers of trustees, settlements and trusts for sale, personal representatives, and criminal liability. The text is a valuable source of information for legal experts and researchers interested in English law.
Table of Contents
Preface to the First Edition
Preface to the Eighth Edition
1 Introduction
1. The Nature of Law
2. Custom, Morality and Law
3. Classification of Law
4. Characteristics of English Law
5. Exercises
2 Historical Sources of English Law
1. The Common Law
The Norman Conquest
The Common Law Courts
2. Equity
Later History
3. Legislation
European Economic Community Law
4. Canon Law
5. The Law Merchant
6. Local Custom
7. The Nineteenth Century
Reorganization of the Courts
The House of Lords
Reforming the Rules
8. Exercises
3 Legal Sources
1. Judicial Precedent
The House of Lords and Precedent
Case Law: Advantages and Disadvantages
Law Reports
Citation of Cases
Declaratory Theory of the Common Law
2. Legislation
Statutes
Stages in Legislation
Obsolescence
Consolidation and Codification
Delegated Legislation
Forms of Delegated Legislation
Growth of Delegated Legislation
Criticism of Delegated Legislation
Control of Delegated Legislation
Publication
Interpretation of Statutes
Presumptions
Reference to Statutes
Reference to Statutory Instruments
European Economic Community Law
Law Revision and Reform
3. Textbooks
4. Local Custom
5. Exercises
4 The Courts Today
1. The Civil Courts
The House of Lords
Judicial Committee of the Privy Council
Court of Appeal (Civil Division)
The High Court of Justice
County Courts
2. Criminal Courts
The House of Lords
Court of Appeal (Criminal Division)
The Crown Court
Magistrates' Courts
3. Other Courts
Courts-Martial Appeal Court
Restrictive Practices Court
Employment Appeal Tribunal
Coroners' Courts
4. Court of Justice of the European Communities
5. Administrative Tribunals
Examples of Tribunals
6. Judicial Control of Administrative Tribunals
Supervision by the Queen's Bench Division
Tribunals and Inquiries Act, 1971
7. Arbitration
8. Juries
9. Legal Aid and Advice
Legal Advice and Assistance
Legal Aid for Representation in Civil Proceedings
Legal Aid for Representation in Criminal Proceedings
10. Laymen in the Courts
11. Exercises
5 The Judiciary, Law Officers and the Legal Profession
1. The Lord Chancellor
2. Judges
3. Attorney-General and Solicitor-General
4. Masters
5. Director of Public Prosecutions
6. Solicitors
7. Barristers
8. Queen's Counsel
9. Licensed Conveyancers
10. De-Regulation of Legal Services
11. Legal Services Ombudsman
12. Exercises
6 Outline of the Law of Persons
1. Legal Persons
2. Nationality and Domicile
British Nationality
Loss of Nationality
British Protected Persons
Aliens
Domicile
3. Marriage
4. Divorce
5. Domestic Proceedings in Magistrates' Courts
6. Legitimation
7. Adoption
8. Guardianship
9. Illegitimacy
10. Infants or Minors
11. Corporations
Classes of Corporations
Share Structure of a Company
The 'Ultra Vires' Rule
Termination of a Company
12. Unincorporated Associations
Legal Liability of Unincorporated Associations
13. Partnerships
14. Trade Unions and Employers' Associations
15. Crown Proceedings
The Crown as Employer
The Crown Proceedings Act, 1947
16. Exercises
7 The Law of Contract
1. Essentials of a Valid Contract
2. Classification of Contracts
3. Offer and Acceptance
Rules Regarding Acceptance
4. Intention to Create Legal Relations
5. Consideration
Rules of Consideration
6. Form
7. The Doctrine of Part Performance
8. Contractual Capacity
Infants or Minors
Corporations
Insane and Drunken Persons
Married Women
Aliens
9. Terms of a Contract
Exemption Clauses
The Unfair Contract Terms Act, 1977
Conditions and Warranties
10. Void, Voidable, and Illegal Contracts
Mistake
Misrepresentation
Contracts 'uberrimae fidei'
Duress and Undue Influence
11. Illegality
Contracts Declared Illegal by Statute
Contracts Illegal at Common Law
Effects of Illegality
12. Discharge of Contract
13. Remedies for Breach of Contract
14. Privity of Contract
15. Assignment
16. Interpretation of a Contract
17. Quasi-Contract
18. Exercises
8 The Law of Torts
1. The Nature of a Tort
Definition of a Tort
Damage and Liability
Malice
2. General Defences in Tort
3. Capacity of Parties
4. Remoteness of Damage
5. Vicarious Liability in Tort
Joint Tortfeasors
6. Trespass
7. Interference with Goods
8. Nuisance
9. Negligence
Contributory Negligence
10. Breach of Statutory Duty
11. Death: Survival of Actions
12. Occupiers' Liability
Dangerous Premises
Trespassers
Children
13. The Rule in 'Rylands v. Fletcher'
14. Defamation
15. Deceit
16. Malicious Falsehood
17. Limitation of Actions
18. Exercises
9 Trusts
1. Definition of a Trust
2. Private Trusts
3. Public (or Charitable) Trusts
4. Differences Between Private and Charitable Trusts
5. The Rules Against Perpetuities
6. Trustees
7. Trust Corporations
8. Appointment of Trustees
9. Termination of Trusteeship
10. Duties and Powers of Trustees
11. Liability for Breaches of Trust
12. Following the Trust Property (Tracing)
13. Relief from Liability for Breach
14. Exercises
10 The Law of Property
1. Ownership
2. Possession
3. Property
4. Freehold and Leasehold Land
5. Reform of the Land Law
6. An Estate in Fee Simple Absolute in Possession
7. Future Estates
8. Settlements and Trusts for Sale
The Settled Land Act, 1925
9. Co-Ownership
10. Leaseholds
Tenancies
Creation of Leases
Duties of Landlord and Tenant
Express Covenants
11. Servitudes
12. Restrictive Covenants
13. Mortgages
14. The Sale of Land
15. Registered Land
16. Exercises
11 The Law of Succession
1. Wills
2. Legacies and Devises
3. Specimen Will
4. Family Provision
5. Personal Representatives
Probate and Letters of Administration
6. Intestacy
7. Gifts'Inter Vivos'
8. 'Donatio Mortis Causa'
9. Exercises
12 Criminal Law
1. Definition of a Crime
2. Sources
3. Classifications
4. Criminal Liability
Actus reus
Mens rea
Negligence
Strict Liability
Vicarious Liability
Corporate Liability
5. Exemptions from Liability
6. Parties to a Crime
7. General Defences
Automatism
Mistake
insanity
Intoxication by Drink or Drugs
Prevention of Crime: Arrest
Private Defence
Necessity
Duress
Coercion
Superior Orders
8. Inchoate Offences
9. Burden of Proof
10. Offences Against the Person
Murder
Manslaughter
Involuntary Manslaughter
Infanticide
Causing Death by Reckless Driving
Child Destruction and Abortion
Assault and Battery
Assault Occasioning Actual Bodily Harm
Malicious Wounding
Wounding with Intent
Administering Poison
Assault on, Resistance to, or Obstruction of a Police Constable in the Execution of his Duty
Firearms and Offensive Weapons
Sexual Offences
11. Offences Against Property
Offences under Theft Act, 1968
Theft
Robbery
Burglary
Removal of Articles from Places Open to the Public
Taking a Motor Vehicle or Other Conveyance without Authority
Abstracting of Electricity
Obtaining Property by Deception
Obtaining a Pecuniary Advantage by Deception
False Accounting
Liability of Company Officers for Offences by the Company
False Statements by Company Directors, etc.
Suppression of Documents
Blackmail
Handling Stolen Goods
Offences under the Theft Act, 1978
Obtaining Services by Deception
Evasion of Liability by Deception
Making Off Without Payment
Criminal Damage
Forgery
Trespass
Unlawful Eviction and Harassment of a Residential Occupier
12. Other Offences
Bigamy
Road Traffic Offences
Assisting Arrestable Offenders
Concealing an Arrestable Offence
Causing Wasteful Employment of the Police
13. Criminal Injuries Compensation Board
14. Exercises
13 Procedure
1. Civil Procedure
2. County Court Procedure
Steps in an Ordinary Action
Steps in a Default Action
The Enforcement of County Court Judgments
Costs
3. Civil Proceedings in the Queen's Bench Division
Enforcement of Judgments in the High Court
4. Criminal Procedure
5. Proceedings in Magistrates' Courts
Process by Summons
Process by Warrant
6. Proceedings in the Crown Court
Indictment
Arraignment
Proceedings Against Children and Young Persons
Arrest and Habeas Corpus
7. Standard Works
8. Exercises
Appendix 1—Glossary of Terms
Appendix 2—Examination Technique
Appendix 3—Test Papers
Appendix 4—List of Abbreviations: Law Reports
Appendix 5—Specimen Legislative Documents
Parliamentary Bill
Parliamentary Bill
Act of Parliament
Statutory Instrument
Appendix 6—Specimen Forms
Information
Summons
Recognizance
Warrant of Arrest
Indictment
Appendix 7—Financial Provision on Divorce, etc.
Table of Cases
Table of Statutes
Index
Product details
- No. of pages: 444
- Language: English
- Copyright: © Made Simple 1992
- Published: January 1, 1992
- Imprint: Made Simple
- eBook ISBN: 9781483183787