1. MA Journalism Law & Institutions
Lincoln School of English & Journalism
MA Journalism Law & Institutions
The Purpose of Law

2. What is Law?
‘…the body of principles recognised and applied by the courts in the administration of justice.’
‘In other words the law consists of the rules recognised and acted on by the courts of justice’
Sir John Salmond; Jurisprudence

3. A Body of Rules
In studying law we are talking about a body of rules that can be placed into an organisational structure.
And…
That can be applied and enforced in a system of courts

4. Legal Systems
The English Legal System is but one organisational body of rules.
During our studies we will examine other systems, e.g American Jurisprudence and The Inquisitorial System
All legal systems must contain five common characteristics
Professor HLA Hart’s ‘Primary Rules’

5. Common Characteristics of a Legal System
Rules forbidding certain types of behaviour backed up by sanctions or punishments for those breaking them (Criminal Law)
Rules that compel people to compensate others for wrongs they have committed (Civil Liability (The Law of Tort))

6. Common Characteristics of a Legal System
Rules that regulate the conduct of and enforce agreements, arrangements and relationships between individuals (Contracts, Wills, Trusts, Company Law)
Operating mainly but not exclusively within the Civil Law

7. Common Characteristics of a Legal System
For any legal system to operate it must have a system in place for administering and enforcing the law
This is the role of the Courts
Criminal Courts
Civil Courts
Tribunals

8. Common Characteristics of a Legal System
The law must be ‘made’ so any system needs a legislature (the law making body)
In the UK the supreme legislature is Parliament
The legislature makes sure that our laws are kept up to date, that we get rid of (repeal) outdated laws
And that we make new laws to keep up with changing society

9. The English Legal System
The English Legal System is a mixture of Parliament made law (Acts of Parliament and Delegated Legislation)
And…
The Common Law
The Common Law is a stem based on historical precedent and the law develops based on the application of legal principles

10. Classification of Law
In the UK the law is divided into component parts
Substantive Law describes the rules that govern our rights and responsibilities
E.g. creating criminal offences or rules by which obligations are created (contracts or rules addressing negligence)

11. Classification of Law Criminal Law
Concerned with conduct that society considers so wrong that it requires the state to punish the offender
Punishment and deterrence are the main objectives of the criminal law
The Crown (State) acts against the offender

12. Classification of Law Criminal Law Civil Law Matters dealt with
Murder, Theft, Assault, Drink Driving, Sex offences
Contact disputes, Negligence, Defamation, Trespass, Employment disputes, Wills, Conveyancing,
Courts
Magistrates Court, Crown Court, Criminal Appeal Courts, Supreme Court
Magistrates Court, High Court, Civil Appeal Courts, Supreme Court

13. Classification of Law Types of Law Criminal Law Civil Law Involves
Offences against the state-behaviour which is unacceptable to society
Disputes between individuals
Purpose of the law
To preserve order in society, to punish offenders and to deter those who might otherwise commit crime
To regulate relationships between individuals for the purpose of maintaining fairness or of compensating wrongs

14. Classification of Law Criminal Law Civil Law Parties to the Action
Prosecutor (brings charges on behalf of the State)
Defendants (answer the charges)
A Claimant who brings the action (sues) on their own behalf
Defendants who answer the claim
Burden and Standard of proof
The Prosecutor must prove the case beyond reasonable doubt (the Trier of Fact must be sure the defendant is guilty)
The Defendant does not have to prove their innocence
The Claimant must prove their claim to a standard based on a balance of probabilities (more likely than not that they are in the right)

15. Classification of Law Criminal Law Civil Law Conclusion of the action
The defendant is Convicted (found guilty) of the offence…
Or Acquitted (not guilty)
The defendant will be either liable (in the wrong) or not liable for matters included in the claim
Outcome of the action
The defendant will be sentenced to a penalty which can be a fine, and non custodial penalty such as probation or community punishment or imprisoned
The claimant will if successful be awarded monetary compensation (damages) or an injunction or in some cases both

16. The Law in Action
Sally is riding her bike down the main road one day and as she passes a car park Archie drives out very quickly and knocks her off her bike and breaks her leg.
The police are called and Archie says he did not see her in spite of it being a very clear view towards the direction she was coming from.

17. The Law in Action
The police believe that Archie was driving without due care and attention and charge him with an offence under section 3 of The Road Traffic Act 1988
The Road Traffic Act is Parliament made law.
Breaching section 3 is an offence
Offences are prosecuted by the state

18. The Law in Action
Sally is a professional dancer and now cannot go on tour with her dance troupe
She has had to have painful surgery to repair the bone in her leg
She is traumatised by the event
She decides to sue Archie for causing her injuries

19. The Law in Action
Sally’s injuries are a result of Archie’s bad driving
Sally sues him for the tort of negligence
Negligence is a civil action
The action is brought by the party injured against the party causing the injury.
The police do not bring the action but will supply evidence of the accident.

20. The Law in Action Criminal Law Civil Law Cause of Action
Breach of s.3 RTA 1988
Negligence
Type of Action
Criminal Prosecution
Civil (Tort) Action
Criminal Law
Civil Law
Court
Magistrates Court
County Court or High Court
Possible Outcomes
Guilty verdict and criminal penalty (fine, penalty points)…or
Not guilty verdict
Damages awarded against defendant to be paid to claimant…or
Defendant not liable in negligence

21. Sources of Law
Statute
The United Kingdom is a democracy with an elected Parliament
The function of Parliament is to make law
Acts of Parliament or Statutes
Delegated Legislation such as Statutory Instruments

22. Statutes The Road Traffic Act 1988 is a statute
It lays down the rules for the use of the road
And the penalties for breaking them
The RTA 1988 creates offences that can be prosecuted
Section 5(1)(a) Road Traffic Act 1988 (drink driving) makes a driving while over the prescribed limit an offence

23. Parliaments Intention
Drinking and driving is dangerous
Parliament seeks to use the criminal law to deter individuals from such behaviour
And to punish those who ignore it
Summary trial in the magistrates court
Six months imprisonment and/or fine + obligatory disqualification

24. Sources of Law Precedent
The English legal system is a common law system.
By looking back into older case law legal rules and concepts can be found to guide or even bind judgment on a new set of facts
Law is not simply rules for settling disputes it is also designed to avoid them

25. Precedent To function properly law needs to be predictable
In order to make a case before a court those bringing the case (usually their lawyers) need to know the law
Those judging the case must apply these laws and not their own subjective or personal views

26. Case Law and Precedent
“Our common law system consists in the applying to a new combination of circumstances those rules of law which we derive from legal principles and judicial precedents;…and we are not at liberty to reject them, and to abandon all analogy to them.”
Mirehouse v Rennel [1833] 1 Cl & Fin 527

27. Examples of Precedent and Statute
Reporting restrictions in the English courts are full of rules derived from statute and precedent
Reporters must not publish information prejudicial to the administration of justice.
Matters that might influence a jury
Make prejudicial comments about an accused that would not be admissible in evidence

28. Statutory Restriction
The Contempt of Court Act 1981
Ss.1 and 2
Conduct may be treated as contempt of court if it tends to interfere with the course of justice even if the publisher had no intention to do so.
Violation of this law can lead to a journalist being prosecuted (criminal action)

29. Rules from Precedent
Interfering with the administration of justice, influencing jurors or prejudicing the trial process.
Clarke ex parte Crippen (1910) 103 LT 636
Sensational and misleading proceedings
R v Taylor (1993) 98 CR App 361 (for later interpretation see the case of Christopher Jeffries)