1 Spring Semester Introduction to the ClassThird-Year Law – Class 1
2 Contact information Ms. Bernes-Cabanne - address: - Website: mariebernes.wordpress.com (course documents, useful resources, last year’s exams, etc.) Feel free to get in touch!
3 Class schedule (under Class organization and objectives)L3, level 1: Wednesdays 7:45-9:15; 9:20-10:50;10:55-12:25 (room 602); Fridays 10:55-12:25 (room 602). L3, level 2: Tuesdays 10:55-12:25 (room 602). If you miss a class, you may join another of my classes ( me first). You are allowed to miss two classes without any justification. The third missed class will negatively impact your participation grade. After three missed classes, you will lose 1 point in your C.C. grade per missed class.
4 Syllabus Fall semester: US law Spring semester: UK lawBooklet (bring each class) + Glossaire du Droit Anglais Suggested grammar book for reference: Swan and Houdart’s L’anglais de A à Z : Grammaire, conjugaison et difficultés (2011).
5 This semester’s syllabus
6 Plan per unit Facts Comprehension of the facts Readings ListeningGrammar What you need to know
7 How to access the online version of the Glossaire
8 Assessment Participation, attendance, exposé 60%In-class test (Week 9) % C.C. mark Partiel Average of C.C. and partiel 10 Semester 1 + Semester
9 Remedial courses On Tuesdays at 12:30 in room 302, every other week.Classes will start on Week 4. Goal: improve L2 and L3 students’ language skills. If interested, and margot.mendes-
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11 Introduction to the English Court System
12 Criminal and Civil Law The difference between a crime and a civil wrong is not in the act itself but in the legal consequences that follow it. Criminal law regulates conducts which pose a threat to public safety or interfere with the victim’s fundamental rights, and therefore need to be punished by the government. Civil law regulates private wrongs; the injured party can gain appropriate redress through the civil courts.
13 Criminal and civil law (2)In a criminal case, the prosecution is done by the Crown Prosecution Service (Regina v. …). Guilt must be proved “beyond reasonable doubt”. The convicted criminal may be sentenced to a fine, community service, probation or a prison sentence. (S)he may also have to pay compensation to the victim. In a civil case, the claimant sues the defendant (Smith v. Jones). The claim is often about a breach of contract or tort. To win, the claimant must prove his/her case on the “balance of probabilities”. The defendant is then liable, and must pay damages.
14 The main English CourtsCriminal cases: - the Magistrates’ Courts (less serious criminal offenses); - the Crown Court (more serious criminal offenses and criminal appeals). Civil cases: - the County Court (lower-value civil cases); - the High Court (higher-value civil cases, civil appeals, judicial review). The Court of Appeal (appeals from the Crown Court, the High Court and tribunals). The UK Supreme Court: since 2009; final appeals.
15 The Tribunals They decide administrative law disputes between private individuals and government departments. The Employment Tribunal resolves conflicts between employers and employees. Lay people may take part in decision-making. Appeals are heard by an upper tribunal, then the Court of Appeal, and finally the Supreme Court.
16 Other Courts The Judicial Committee of the Privy CouncilIt is the final court of appeal for British Overseas Territories, Crown dependencies, and some Commonwealth countries. Its decisions are not binding on English courts, but they have great persuasive authority. The European Court of Justice and the European Court of Human Rights Their decisions are binding on British courts.
17 Speeding When John drives at 60 mph in a 30 mph zone, he is speeding (and liable to have points put on his driving license and a fine if found guilty of the offence, or even face a ban). Speeding is a criminal law offence. Laws on speeding are created to provide a safe environment for both road users and pedestrians. One of the reasons why speeding is punished is deterrence, to prevent people from breaking the speed limit and causing road traffic accidents. As it is a minor offence, it would be dealt with by the magistrates’ courts (although for speeding offences such as this, the defendant may not be obliged to attend court).
18 The washing machine When John deals with the complaint about the washing machine he is dealing with a civil law matter. On selling the machine, the superstore entered into a contract with the customer. That the machine would work properly was part of that contract. The machine was plumbed in by employees of the store. Again, as part of the contract, the employees should have done this properly and be qualified and trained to do this. As the washing machine has flooded the kitchen there appears to be a fault. As this is a new machine the superstore could be held liable for breaching the contract. If they have breached the contract then they may also be liable for any damage that has resulted from the breakdown of the washing machine. As it is not a complex case, and involves relatively low sums of money, it would be dealt with in the county court.
19 Physical violence When the customer hits John, he commits a criminal offence (assault occasioning actual bodily harm). This is an either-way offence, and so can be tried in the magistrates’ courts or the Crown Court. (Which one would depend on factors such as the character of the defendant, previous convictions, the exact circumstances of the offence etc.). He also commits a civil wrong, and John could choose to sue him.
20 Reading Text 1 "Police to hire law firms to tackle cyber criminals in radical pilot project" ps. 5-6. Read the text. Answer the three questions. Prepare for discussion: consider whether this policy is an appropriate deterrent/punishment (assuming that the police will not always bother with a criminal case once assets have been seized).
21 1. What is being piloted by the City of London police? Why?Under the pilot scheme, City of London police officers will pass details of suspects and cases in cyber fraud cases to law firms. These firms will then bring civil cases against the alleged perpetrators of the fraud in civil courts. If the civil case is successful, the suspects assets can be seized in order to repay victims. The law firm (or its insurers) will bear the risk of the case failing, but will make a profit if they are successful. If unsuccessful, police could decide to leave it at that or pursue the case themselves through the criminal courts. This idea has emerged as a result of the huge increase in cyber crime, which the police and CPS do not have enough resources to deal with. The Office for National Statistics said in July that there had been more than 5.8m incidents of cybercrime in the past year, which almost doubled the crime rate in England and Wales.
22 2. From the police's point of view, what are the advantages of this approach?The force says the scheme is a way of more effectively tackling fraud – which is now the biggest type of crime. Money will be recovered more quickly and so returned to victims more quickly. Moreover, communities will see that criminals do not profit from their crimes. Criminal prosecutions require the police to prove guilt beyond a reasonable doubt, and even after conviction it can take many years to seize assets. In the civil courts, it will only be necessary to show that the defendant is responsible for the fraud on the balance of probabilities. This will make it quicker and easier to seize assets.
23 3. What reservations are expressed by Katie Wheatley?Katie Wheatley, joint head of criminal law at Bindmans, a London law firm, expressed unease over the proposals, which she said gave police “what they would regard as an easy deterrent, without having the inconvenience of proving an offence to a criminal standard”. Wheatley said the plan risked creating a conflict between private firms’ profit motive and the fairness of the process. While having large assets wrongly confiscated could destroy a defendant's life, the law firms involved will only be concerned about their profits.
24 Listening Exercise 3: Tribunal fees are immoral (p. 12).
25 1) What change is being introduced1) What change is being introduced? Anyone who wants to bring a claim in an employment tribunal will now have to pay an initial fee of £160 to £250 to start a claim and £230 or £950 to have a hearing. (The amount depends on the type of claim). 2) What is the opinion of the spokesperson from the Forum of Private Business? The forum welcomes the introduction of fees as a way to stem the flow of vexatious claims. The threat of a tribunal is huge to a small employer and the complexity of disciplinary and dismissal procedures works as a disincentive to employment. Tribunals place a huge burden on small businesses. Feedback from the Forum's members suggests that tribunals are heavily weighted in favor of the employee. 3) What is the opinion of the lawyer Carol Fox? Carol Fox doesn't agree that there are a high number of vexatious claims. There has been a rise in the number of claims because of equal pay claims by low-paid women. The fees will make it harder to bring an employment claim and they are immoral. If someone makes a claim without legal advice and makes a technical mistake when drafting the claim, the claim will be rejected and they will lose their initial fees. In Scotland, the fees will be six times what is paid to go to any other court. Employment tribunals were set up without fees so that everyone had equal access and could protect their employment rights.
26 Homework Read the lesson “Introduction to the English Court System” and learn the important words by heart. Prepare exercises 1, 2 and 3 ps. 3-4. Suggested presentations: - The Brexit from a legal standpoint (legal issues, courts involved, etc.). - Text 4: “The Law Explored: naked and unarmed – but shot dead by mistake.” (ps. 9-10).