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Answer these questions.
1 What are the two main categories of sources of law?
2 What category of law prevails in England?
3 Is all law which is written defined as ‘written law’?
4 Is any ‘unwritten law’ in fact written?
5 Is most English law written in a code?
6 Is most Continental law generally written or unwritten?
7 What are the four sources of English law?
8 Who makes legislation in England?
9 What is a doctrine of parliamentary sovereignty?
10 Can the English courts influence the effect of legislation?
11 Has English law developed (1) from fixed general rules? or (2) through
decisions in individual cases?
12 How can you characterize the doctrine of the binding case?
13 What is the position of the judge in English legal system?
14 What are “cases of first impression”?
15 In what way do the judges choose precedent?
16 Is most English law found in the form of legislation or judicial precedent?
17 What are customs?
18 Is custom important as a source of law (1) in the history of the law (2) in
England today?
19 What is the law relating to the sale of goods?
20 Are books of authority more important as a source of law in England or on the Continent?
21 What is a tendency concerning books of authority in England in modern times?
Language focus: connectors
Connectors are words like and, so, but, because, which are used to join or connect different pieces of language together. They show relation between what the speaker or writer said before and what they will say next.
Choose the best connector from thus, therefore, for, however, further to complete the following passage.
Judicial precedent
Judicial precedent is of fundamental importrance in the English legal system, 1) ________ the principles of the common law, which have developed gradually through case-law over the centuries, are the main source of English law.
The English courts are bound to follow decisions of higher courts in the judicial hierarchy; 2) ________ in many cases they must also follow their own decisions. Decisions of inferior courts, 3) ________, do not have binding force. Decisions concerning the interpretation of statutes are also binding, 4) ________ English lawyers must always refer to case-law even if the facts of the case they are preparing are covered by statute-law and not common-law rules. The law reports are 5) ________ basic works of reference for members of the English legal profession.
Vocabulary tasks
The word LEGAL has the following meanings in Russian:
Юридический
legal person – юридическое лицо
Правовой
legal text – правовой текст
Судебный
legal action – судебный иск
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