Sources of English Law

2794 WordsMay 23, 201012 Pages
Sources of English Law By Christopher Richards 9/11/09 Executive Summary In this report I will be discussing the English Legal System, its structure and its primary sources. English law and its legal structure forms the basis of many countries common law legal system, this includes most commonwealth countries and the United States. English law falls into two broad categories: Civil law - derived from Roman law, it is applied when “wrongs” have been made against individuals; it is also know as a claim or an action. Criminal law - first instrumented following the Norman Conquest of 1066, Its offences relate to “wrongs” against property and, or persons which affects the whole community, it is often referred to as prosecution.. I will…show more content…
If the Narrow approach is applied it would usually be because the word themselves lead to an absurd result for example if there is a sign that say “do not use lifts in case of a fire” interpreted literally it would mean “to never use lifts, in case of a fire” which would lead to an absurd result but clearly it is to prevent people from using the lifts if there is a fire nearby. The wide approach is were the word has only one meaning but the meaning could result in a repugnant situation, the wider golden rule would be applied to modify the words in the statute to avoid an unfair result this is shown in the case Re Sigsworth (1935) A son had murdered his mother then committed suicide, The mother had not made a will and under the Administration of justice act 1925 the son would been entitled to her inheritance, the decision had to be made weather her inheritance was to passed onto the mothers family or her son, there is no ambiguity of the act so due to the circumstances the judge used to golden rule to favour the mothers family rather than the son benefiting from his crime. this rule is favoured by Lord Wensleydale in the case of Grey vs. Pearson (1857) he stated “In construing statutes, and all written instruments, the grammatical and ordinary sense of the words is to be adhered to, unless that would lead to some absurdity or inconsistency with the rest of the instrument, in which
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