Legal Foundations: Case Law, Equity, and ECHR Overview

Question 1 – Definition

Case law: Case law can be defined as the legal principles created by the courts on disputed point of law. It is applied as precedents in other courts in later cases. It is wholly or partially derived from adjudication and from customs through judicial decisions. As such, case law is different from statutory law.

Equity: Ordinarily, Equity connotes natural justice. It indicates the quality of fairness or being equal. In legal sense, it connotes a legal system or a body of law that represents equal and impartial justice between two parties whose rights or claims are in conflict. It addresses those concerns falling outside the jurisdiction of common law and statute law.

European Convention on Human Rights (ECHR): It is an international human rights treaty between the 47 member states of the Council of Europe (CoE) and came into effect on 3rd September 1953. It aims to protect basic human rights and freedoms and the rule of law and promote democracy in EU.

Judiciary: It can be defined as the judicial branch of a state responsible for enforcement of law and administration of justice. It could be defined as the body of the courts and judges in the state that/who are delegated the duty of interpreting and applying the laws.

Jurisdiction: It can be defined as the power of a nation to state with binding effect regarding legal relations. It could also mean the power of a state to create its interest under the legal system. It could also mean the judicial power to decide a case. It also means a territory within its limit an authority can exercise its power.

Jury: Jury is a body of legally selected individuals sworn to determine facts of a litigation case basis of evidence submitted to them in court, and render a verdict to the court. Compare grand jury, petty jury. It normally comprises twelve members.

Legislation: It can be defined as the exercise of power and function of the legislature of a country to make laws and rules that have the authority derived from the promulgation by an official state organ. It could also simple mean the laws or set of laws made by the legislature.

Legislature: It is the legislative organ of the state. It is the law making arm of the state.. It comprises elected individuals. It has the power and function to make, change, or repeal the laws of the state.

Statute: Statute can be defined as the written law passed by a legislative body. It sets forth the general propositions of the law that courts could apply to specific situations. They are written and codified into law. It is one form of primary legislation

Trust: A trust represents a fiduciary relationship between a party, who gives another party the right to hold title to property or assets to for the benefit of a third party. It is created by the intention of the first party or by imposition of law.

MCQs

Q.1. Road Traffic Act 1988 s.5(1)(a) and the Road Traffic Offenders Act 1988 Sch.2.

Q.2. The key facts in the case were that the appellant was found to be sitting in a car with a running engine and taillights on while on the ‘causeway’ between Osea Island and Decoy Point in Essex. Hewas found to be under the influence of alcohol beyond permissible limits.The appellant was fined and prevented from driving for 18 months under Road Traffic Act 1988 s.5(1)(a) and the Road Traffic Offenders Act 1988 Sch.2.

Q.3. The key legal question in the case was whether the causeway between Osea Island and Decoy Point was a ‘public place’ for the meaning of Road Traffic Act 1988 s.5(1)(a).

Q.4. Justices for the County of Essex at Witham.

Q.5. Planton, R (on the application of) v Director of Public Prosecutions | [2001] EWHC Admin 450; [2002] R.T.R. 9.

Q.6. Lord Justice Pill; Mr Justice Silber.

Q.7. The appeal was allowed with costs for the applicant. The conviction under Road Traffic Act 1988 s.5(1)(a) and the Road Traffic Offenders Act 1988 Sch.2 was quashed.

Continue your journey with our comprehensive guide to Interpreting the Scope and Effect of European Union Citizenship.