Lernzettel: Foundations of Legal English

Legal English - Module 1: Summary Revision Sheet

1. 📌 Essentials

• Legal systems: Common law (case-based), civil law (codes), equity (remedies).
• Main sources Statutes, case law, delegated legislation.
• Precedent: Stare decisis binds courts; ratio decidendi is binding.
• Criminal law: Actus reus + mens rea = liability; defenses include insanity, self-defense.
• UK constitution: Unwritten, parliamentary sovereignty, rule of law.
• US constitution: Written, federal system, separation of powers, judicial review.
• EU law: Supremacy, direct effect, institutions (Commission, Parliament, ECJ).
• Intellectual property: Copyright (life+70), trademarks (10-year renewal), patents (20 years).
• Tort law: Negligence, causation, damages, defenses (contributory negligence).
• Procedural steps: Writ, evidence exchange, trial, judgment, appeal.

2. 🧩 Key Structures & Components

• Bodies of Law — Criminal (offenses, punishments), Civil (rights, remedies), Common Law (judicial decisions).
• Persons in Court — Judge, claimant, defendant, jury, advocate, witness.
• Sources of Law — Statutes, case law, secondary legislation.
• Legal Institutions — Courts, Parliament, ECJ, UK Supreme Court.
• Legal Principles — Sovereignty (UK), separation of powers (US), supremacy (EU).
• Intellectual Property — Copyright, trademarks, patents, designs.
• Procedural Tools — Writs, pleadings, evidence, judgments.
• Remedies — Damages, injunctions, specific performance.
• Fundamental Rights — EU Charter, ECHR protections.
• Legal Development — Norman influence, reforms (Woolf Report).

3. 🔬 Functions, Mechanisms & Relationships

• Hierarchy: Constitution > Statutes > Case Law > Regulations.
• Precedent: Lower courts follow higher courts’ decisions (stare decisis).
• Legal flow:

  Legislation → Court Interpretation → Application in Cases
  

• Common law: Developed through judicial decisions, binding across jurisdictions.
• Equity & Law: Coexist; courts apply equitable remedies (e.g., specific performance).
• Criminal process:
  • Investigation → Charge → Trial → Verdict → Sentencing.
• EU law:
  • EU legislation overrides conflicting national law.
  • Individuals can invoke direct effect.
• Intellectual property:
  • Registration (trademark, patent).
  • Infringement → legal action.
• Tort causation:
  • Duty of care → Breach → Causation → Damages.

4. 📊 Comparative Table

Item	Key Features	Notes / Differences
Legal Systems	Common law (UK, US), Civil law (Europe), Equity (remedies)	Common law relies on case law; civil law on codes
Precedent	Stare decisis: binding or persuasive decisions	Ratio decidendi is binding; obiter is persuasive
Sources of Law	Statutes, case law, delegated legislation	Hierarchy: Constitution > Statutes > Regulations
Constitution	UK: Unwritten, parliamentary sovereignty; US: Written, federal	US: Checks & balances; UK: Sovereignty in Parliament
EU Law	Supremacy, direct effect, institutions (ECJ, Commission)	Ensures uniform application across member states
Intellectual Property	Copyright (life+70), trademarks (10-year renewal), patents (20 years)	Registration and duration vary by type
Tort Law	Negligence, causation, damages, defenses (contributory negligence)	Remedies include damages, injunctions

5. 🗂️ Hierarchical Diagram (ASCII)

Legal System
 ├─ Constitution
 │    ├─ UK: Unwritten, sovereignty in Parliament
 │    └─ US: Written, checks & balances
 ├─ Statutes & Legislation
 │    ├─ Primary (Acts)
 │    └─ Secondary (Regulations)
 ├─ Case Law & Precedent
 │    ├─ Binding (stare decisis)
 │    └─ Persuasive
 ├─ Courts & Institutions
 │    ├─ UK Supreme Court
 │    ├─ US Supreme Court
 │    └─ European Court of Justice
 └─ Legal Remedies & Rights
      ├─ Equity remedies
      └─ Fundamental rights (EU Charter, ECHR)

6. ⚠️ High-Yield Pitfalls & Confusions

• Confusing ratio decidendi (binding) with obiter dictum (persuasive).
• Assuming all EU law is directly applicable; only regulations have direct effect.
• Overlooking the difference between criminal actus reus and mens rea.
• Mistaking parliamentary sovereignty as courts cannot review laws—courts can review for constitutionality in US.
• Believing UK has a codified constitution—it's largely unwritten.
• Confusing pre-trial procedures with trial processes.
• Misunderstanding the scope of equity remedies—specific performance is discretionary.
• Overgeneralizing common law as only judge-made law; it includes case law and principles.
• Assuming patent protection is indefinite—duration is 20 years.
• Ignoring the hierarchy of sources when citing laws.

7. ✅ Final Exam Checklist

• Know the differences between common law, civil law, and equity.
• Understand the hierarchy of legal sources.
• Explain the doctrine of precedent and its importance.
• Describe the key elements of criminal liability.
• Summarize UK constitutional principles: sovereignty, rule of law.
• Outline US constitutional features: separation of powers, checks & balances.
• Recognize EU law principles: supremacy, direct effect, subsidiarity.
• List types of intellectual property rights and their durations.
• Describe tort law elements: duty, breach, causation, damages.
• Identify procedural steps in civil litigation.
• Understand the role of courts in developing law.
• Differentiate between binding and persuasive precedents.
• Recognize the significance of the Woolf reforms.
• Know the main EU institutions and their functions.
• Be aware of fundamental rights protections (EU Charter, ECHR).
• Understand the concept of legal remedies: damages, injunctions, specific performance.
• Be familiar with common pitfalls in legal terminology and concepts.

End of Revision Sheet