This month, we are reviewing key aspects of English land law. Students often find land law a difficult subject to study. Part of the reason for this may be because ownership of land in England has its roots in the feudal system established by William the Conqueror after 1066. The modern source of land law is derived from common law, equity, and legislation such as the Law of Property Act 1925 and the Land Registration Act 2002.
Whilst we all fully appreciate the fact that using the correct terminology in all areas of law is imperative, Wills are perhaps of the most importance. After all, we are talking about discharging the last wishes of the deceased: therefore, we really do need to ensure we get things just right.
Alas, though, when it comes to the terminology used in Wills, this is not always the case. It takes just a couple of words that could be construed in another way to be inserted into a Will to really mean the difference between the testator’s dying wishes being carried out and part or even all of the Will’s legacies falling into intestacy.
If you have been studying ILSPA’s Legal Secretaries Diploma course, you will already have a good understanding of the way in which the common law system of England came into existence. Our legal system – as well as other legal systems throughout the world, such as those in Australia, India and South Africa – is based on common law.
What is common law?
This month we are focusing on a survival guide for how couples can reach a financial settlement on their own when divorcing or ending a civil partnership. We will highlight key principles that should be considered and how the courts reach their decisions if a court order is needed.
Overview of the law
When financial orders are made by the court, normally the spouses’ financial needs and the needs of any children of the family are the main focus of the case. When the assets involved in a case are more than enough to cover needs, then additional considerations may apply, such as what assets were brought into the marriage or the parties’ behaviour.
Making an agreement without going to court
When some people think of the legal profession, they often think of criminal law. This is not surprising, as there are many popular television programmes about criminals and the criminal justice system. Civil law is often less dramatic and very much a part of our normal lives, and so it is often overlooked. However, civil law is a vitally important part of our society, even if people are unaware of how it affects them.
A student with the Institute of Legal Secretaries and PAs, and any law student for that matter, will soon realise how vast a concept civil law really is. Of the seven ‘pillars’ that make up the English legal system, six of these are devoted to civil law and criminal law accounts for only one lonely pillar.
What is civil law?
If you are new to the subject of law, you will hear different terms apportioned to the professionals who work within our legal system, but not fully understand exactly what each of them do. Due to the glamorisation of our legal system in film and television, most people will have a concept of many of the legal professional roles; however, this article aims to help you to understand what each role entails and how you can work your way up the ladder.
Legal Secretaries
The idea of being able to study a complete course from the comfort of your own home certainly sounds like an attractive proposition for many people. It allows you to enrol for courses that do not offer classes in your area, study at your own pace and fit your work around your existing commitments, to name but a few of the benefits. However, this style of learning may require many students to rethink their study methods and mind-set, especially if they are new to the concept. This is why we have produced a list of 10 top tips to help you with your distance learning and hopefully achieve a good grade.
1. Set enough time aside to study
There is nothing worse than cramming your studies into a few minutes that you have managed to grab in your busy schedule. Be sensible here and allocate a sufficient amount of time for studying each week.
If you are studying ILSPA’s Legal Secretaries Diploma course, you will be familiar with the elements of offer, acceptance and intention in regards to contracts. Whilst these elements of the law of contract should make perfect sense to you, the elements of consideration might be a little trickier to understand.
For many centuries, the English legal system struggled to produce a clear definition for the contractual element of consideration. However, towards the end of the nineteenth century, the case of Currie v. Misa (1875) LR 10 Ex 153 came along and allowed Lush J to define consideration in the following way:
Which category do you fall under?
Do you find yourself struggling to realise the study technique that works best for you? Do you feel you’re not making the best use of your study time? Different types of learners need to use different methods to make the most of their strengths. What works for one may not work for others. Here is our advice on the best study techniques for each of the four classifications of learners.
Visual learners
Visual learners are those who prefer to have all of the information presented to them in the form of charts, diagrams and graphs. They love plenty of colour, and this enables them to retain information in their brain consistently. Visual learners will benefit from the following techniques:
It has recently been announced that Sir Terence Etherton will become Master of the Rolls this month, and that got me thinking: how have we acquired these uniquely titled legal positions? Of course, answering this question took a little delving back into history, but the results highlighted long-held traditions and even ancient practices.
Master of the Rolls
The person who holds this title is no less than the second most senior judge in England and Wales, after only the Lord Chief Justice. He or she who holds the title today serves as both the presiding officer of the Civil Division of the Court of Appeal and Head of Civil Justice. But how did the name come about?