Law notes

Damages or other remedies (specific performance/injunction ) Sources of Law Case Law (follow earlier decisions) Common Law Equity Direct -only remedy damages -flexible -inflexible introduced remedies Legislation Indirect -introduced precedent such as injunctions & -developed by local customs specific performances. -developed as an appeal to remedy injustices of common law. -prevails common Courts House of Lords 5 law lords hear Court of Appeal appeals & occasionally High Court appeals.

Court of Appeal 3 lord Justices of appeal hear appeals from both courts. County Court High Court of Justice – Civil claims: contract, tort, landlord & tenant, probate & insolvency – A district judge hears small claims. Informal & no costs awarded. Queens bench A circa it judge hears fast track & division first instance some multi-track cases. Contract & tort. First instance a hightail division court judge. Matrimonial cases Chancery division Land law, trusts, company & partnership law.

Appeals County Court. Magistrates’ Court European Court of Justice (ACE) European court of Human Rights (Ester) Jurisdiction is mainly criminal, but does have civil jurisdiction in family matters such as contact orders, adoption, and maintenance. There are also powers of recovery of council tax arrears and charges for water, gas and electricity. ACE deals with actions between the EX. institutions and the member states.

It is the ultimate authority on the interpretation Of European law. CE] is therefore superior to the House of Lords. Cases are referred to the CE] by national courts. The final court Of appeal in relation to matters concerning HEAR 1998. Proceedings in the English courts must have been exhausted before Ester will hear a case. Appeals to Crown Court or High Court. No appeal. Employee – works under a contract of service. Self-employed -? works under a contract for services.