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Judges and the law
How do judges make law? This free course, Judges and the law, will examine how the common law system works, the differences between 'civil code' and 'common law' systems, and the advantages and disadvantages of the common law system. The role of the judiciary in the law-making process is explored by examining the origins of common law, the system of precedent and the rules of statutory interpretation.
Course learning outcomes
After studying this course, you should be able to:
- understand what is meant by a common law system
- demonstrate a good knowledge and understanding of what is meant by the common law and how its rules are made and changed
- discuss how a precedent can be altered or avoided
- identify the ratio decidendi and obiter dictum of a court case
- read and analyse legal materials (cases, statutes and academic commentary).
First Published: 10/08/2012
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- Learning outcomes
- 1 The role of the courts and the judiciary
- 2 Part A Historical development of the common law
- Part B Precedent
- 3.1 Introduction
- 3.2 The hierarchy of the courts
- 3.3 Structure of the court system in England and Wales
- 3.4 Binding precedent
- 3.5 Summary of Part B
- 4 Part C Accurate law reporting
- 4 Part C Accurate law reporting
- 4.1 Introduction
- 4.2 Tyes of reports
- 4.2.1 Year Books (1275–1535)
- 4.2.2 Private reports (1535–1865)
- 4.2.3 Modern reports (1865 to present)
- 4.2.4 The Law Reports
- 4.2.5 Weekly Law Reports (citation WLR)
- 4.2.6 All England Law Reports (citation All ER)
- 4.2.7 Legal periodicals and newspapers
- 4.2.8 Specialist reports
- 4.2.9 European Community reports
- 4.2.10 DVD-ROMs and internet facilities
- 4.2.11 Neutral citation
- 4.3 Summary of accurate law reporting
- 4.4 Summary of Part C
- 5 Part D The need for statutory interpretation
- 6 Part E The rules of statutory interpretation
- 7 Part F Common law, equity and statute law
- 8 Part G Common law and civil law systems
- 9 Part H Consolidation
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About this free course
20 hours study
Level 1: Introductory
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