Law - 8th Edition - ISBN: 9780750605168, 9781483183787

Law

8th Edition

Made Simple

Authors: D. L. A. Barker C. F. Padfield
eBook ISBN: 9781483183787
Imprint: Made Simple
Published Date: 1st January 1992
Page Count: 444
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Description

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

Details

No. of pages:
444
Language:
English
Copyright:
© Made Simple 1992
Published:
Imprint:
Made Simple
eBook ISBN:
9781483183787

About the Author

D. L. A. Barker

C. F. Padfield

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