Law

Law

Made Simple

8th Edition - January 1, 1992

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  • Authors: D. L. A. Barker, C. F. Padfield
  • eBook ISBN: 9781483183787

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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

Product details

  • No. of pages: 444
  • Language: English
  • Copyright: © Made Simple 1992
  • Published: January 1, 1992
  • Imprint: Made Simple
  • eBook ISBN: 9781483183787

About the Authors

D. L. A. Barker

C. F. Padfield

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