1-Intro
The LAW
What is law? Law is a set of rules that a society enforces so people and organisations know what behaviour is allowed and what is forbidden. Why: without enforceable rules, people and businesses couldn’t predict each other’s behaviour, property and rights would be insecure, and conflicts would be harder to resolve.
Laws differ between countries. Different countries write different rules because they have different histories, cultures, religions, economic conditions, and political systems. Why: local values and priorities shape what is legal (for example, what counts as a crime or what businesses may do).
Examples of differences: divorce law and alcohol sales. For example, the conditions and process for divorce vary across countries, and some countries ban or tightly regulate the sale of alcohol while others do not. Why: these topics touch social norms and religion, so law varies to reflect local moral and social choices.
From an IT professional’s point of view, law covers rules about data protection, rights of access to information, and misuse of computers. This means laws tell you how to treat personal data, who can see particular information, and what actions (like hacking) are illegal. Why: IT work often handles other people’s data and systems, so legal compliance prevents harm, liability, and penalties.
Legal systems — what they are and why they matter
Different countries have different legal systems. A legal system is how laws are made, interpreted, and enforced; the procedures and institutions (courts, judges, rules) vary from place to place. Why: the legal outcome for the same action can differ depending on which system applies.
There are different systems of courts and different rules for courtroom procedure. For example, some countries rely heavily on written rules and judges applying codes; others rely on judge-made precedents and adversarial hearings. Why: procedure affects how cases are presented, evidence is admitted, and how quickly or fairly disputes can be resolved.
Different procedures exist for appealing a court’s decision. Some systems allow multiple levels of appeal; others are more limited. The route and timing for appeal depend on the jurisdiction. Why: the possibility and cost of appeal affect parties’ willingness to litigate and how final a decision is.
Jurisdiction — the geographic and legal scope of law
Jurisdiction is the area and the legal authority covered by a single legal system and set of laws. It defines which courts and laws apply in a given place or for a given dispute. Why: knowing jurisdiction tells you which court has power to hear a case and which rules govern behavior.
Different legal systems and laws can exist within a single country. For example, the United Kingdom contains different legal jurisdictions: Scotland and Northern Ireland have legal systems that differ from England and Wales. Why: historical and constitutional reasons give parts of a country different laws; for IT cross-border work, this matters for compliance.
When people say “UK law” or “British law” they usually mean laws that apply across the United Kingdom, but saying “Law of England and Wales” specifies that you are talking about that particular legal jurisdiction. Why: precision matters — an IT policy that is lawful in England & Wales might not be identical in Scotland or Northern Ireland.
Criminal law vs Civil law — what they are and why they differ
Criminal law defines acts considered crimes and the mechanisms used to punish those who commit them. Examples include theft, hacking, fraud, or physical assault. Why: criminal law protects society and deters dangerous conduct.
Criminal law sets out how to decide if a person is guilty and the range of punishments for different crimes. Punishments may include fines, imprisonment, or other sanctions. Why: clarity of offence and penalty supports fair enforcement and deterrence.
In a criminal case, police typically investigate, collect evidence, and the state (through prosecutors) brings the case to court. The state seeks to prove guilt and obtain a punishment. Why: crimes are seen as wrongs against society as a whole, so the state prosecutes.
Civil law provides rules to settle disputes between private parties such as individuals, organisations or companies. Examples: contract disputes, negligence claims, and IP disputes. Why: civil law lets people and companies resolve their losses and rights without criminal sanctions.
A civil lawsuit (litigation) is started by a party claiming they have been wronged; this person is called the claimant (or plaintiff). The claimant must initiate the court action and ask for remedy (money, injunction, contract enforcement). Why: in civil law, it’s the injured party who seeks a remedy — the state is not automatically the claimant.
Standard of proof differs: in criminal law the burden of proof is on the prosecution and must meet a high standard (“beyond reasonable doubt”), while in civil law both parties present evidence and the court decides on the balance of probabilities (which party’s story is more likely). Why: because criminal penalties are severe (e.g., loss of liberty), the legal system requires stronger proof before convicting; civil cases deal mainly with money or contracts, so a lower standard suffices.
Where does law come from? — Common law vs Statute law
Two main sources of law in England are common law and statute law. Why: different kinds of legal problems are best solved in different ways — through judge-made rules (precedent) or written legislation.
Common law is law developed by judges through decisions in individual cases; it’s based on precedent. A precedent is a past judicial decision that later courts use for guidance. Why: precedent brings consistency and a body of experience to judge-made rules; it allows adaptation over time.
Common-law traditions are used widely across Commonwealth countries (e.g., UK, Pakistan, Canada) but are less typical in many continental European systems (e.g., France, Germany) that rely on civil codes (written laws). Why: historic legal development differs across regions — common law grew from case-by-case decisions; civil law from codified statutes.
Statute law (legislation) consists of Acts passed by a legislature (e.g., Acts of Parliament). Parliaments make written laws that are clear and publicly accessible. Why: statutes provide democratic legitimacy and can respond to new or complex issues that judges alone cannot resolve.
Over the last two centuries, statute law has grown because technical developments and social changes created new legal needs (for example, child labour laws or laws for misuse of computers). Why: modern society brings new activities that require explicit regulation; statutes consolidate and modernise legal rules so they’re easier to find and apply than many scattered judicial decisions.
When common law becomes too messy or inconsistent, Parliament can pass a statute that consolidates and clarifies the law (for example, the Theft Act 1968 in the UK). Why: consolidation increases certainty and makes the law easier to apply across cases.
How laws are made — the UK process (short, clear steps)
The UK Parliament is bicameral: it has two chambers — the House of Commons and the House of Lords. The House of Commons is made up of elected members representing constituencies; the House of Lords is made up largely of appointed members. Why: the two-chamber system combines democratic representation (Commons) with longer-term review by appointed experts (Lords).
A proposed new law starts as a Bill; it is usually introduced in the House of Commons first, and if approved there it goes to the House of Lords for consideration. If both Houses approve, it is sent for Royal Assent (formal approval by the monarch) and then becomes an Act of Parliament (a law). Why: this process ensures proposed laws are debated, revised, and checked before becoming legally binding.
The House of Commons has the power to override objections from the House of Lords in certain circumstances, which reflects its democratic legitimacy. Why: because Members of the Commons are elected, their decisions carry primacy in the democratic system.
How laws are made elsewhere — the United States example and the separation of powers
In the United States, the legislature is Congress, which has two houses: the House of Representatives and the Senate. Members of the House serve short terms (two years) representing smaller districts; Senators represent whole states for longer terms (six years) and each state has two Senators. Why: this design balances population representation (House) with state equality and stability (Senate).
For a federal law to pass, both houses of Congress must approve the bill, and the President must sign it; the President may veto (reject) a bill. If the President vetoes, Congress can sometimes override the veto with a sufficient majority. Why: the executive has a check on the legislature, and the legislature can check the executive — this keeps power balanced.
The U.S. Supreme Court has the power of judicial review and can declare legislation unconstitutional (strike it down) if it conflicts with the written Constitution. Why: a written constitution provides a higher legal standard against which laws are measured, and courts enforce that standard.
By contrast, in the UK the doctrine of parliamentary sovereignty means courts do not normally overturn Acts of Parliament; instead Parliament is the ultimate law-maker. Why: the UK has no single written constitution providing a higher law; democratic parliamentary enactments are supreme.
In the U.S., members of the executive (e.g., the President’s Cabinet) are not members of Congress; the President is elected separately (via popular vote and the Electoral College) and appoints ministers who need congressional approval in some cases. Why: separation of personnel reinforces separation of powers — the branches are independent to prevent concentration of power.
Federal systems and state law (U.S. example)
The U.S. is a federation of 50 states; each state has its own legislature and government, and some matters are regulated at the state level while others are federal. Why: distribution of powers lets local governments regulate local matters while national government handles issues of common concern.
Because of this split, states may have different rules on professional titles and licensing (for example, who may call themselves an “engineer”), and disputes sometimes arise about whether state law conflicts with federal law. Why: states tailor rules to local needs, but conflicts require courts to settle the balance.
Laws across borders — why the internet makes them complicated
The internet and global telecommunications create crimes and disputes that cross national boundaries, which complicates which country’s laws and courts apply. Why: data, actors, victims, and servers can be in different countries, so a single national legal system may not be able to deal with all aspects of a case.
For example, if a hacker in New York breaks into a computer in the Netherlands to cause an accident over Denmark, it is unclear where the crime was committed and which country should prosecute. Why: the act, the targeted system, and the harm are in different jurisdictions; each country may claim an interest — and legal procedures (police powers, evidence gathering) differ.
Actions that are illegal in some countries may be legal in others (for example, posting obscene material on the internet), which creates conflicts about enforcement: whose rules apply? Why: differences in culture and law mean cross-border online content can be lawful in one place and unlawful elsewhere.
Extradition is the legal process where one country hands over a person to another country for prosecution or punishment. Why: extradition lets states cooperate to bring alleged offenders to the place with legal authority to try them, but it relies on treaties and political will.
Civil cases across borders are generally simpler than criminal cases because a claimant (the person who brings the case) can choose the country in which to sue; the decision depends on the specifics, including which court is likely to be impartial, efficient, and favourable to the claimant’s legal claim. Why: civil litigation is voluntary (initiated by a private party), so strategic choices about forum and law matter; in criminal matters the state prosecutes and sovereignty issues are more sensitive.
Tough exam-style questions (answer these to test deep understanding)
A cloud provider stores personal data for customers in several countries. A data breach occurs and affected users live in multiple jurisdictions. Outline step-by-step the legal issues the provider must consider (jurisdiction, applicable law, notification obligations, cross-border enforcement), and explain why each step matters.
Compare and contrast common law and statute law: explain how each develops, how flexible each is to technical change (e.g., cybercrime), and why a legislature might want to consolidate many common-law rules into a statute.
An employee in Scotland uploads sensitive company data to a server in England; the company sues for breach of confidentiality. Explain which law (Scots law or England & Wales law) and which courts could apply, and why the distinction matters for the outcome.
In a criminal cyber-case, digital logs are presented as evidence. Explain the difference in burden and standard of proof between criminal and civil cases, and discuss the practical consequences for gathering and presenting digital evidence.
Explain parliamentary sovereignty (UK) versus constitutional supremacy (US). How would each system handle a law that restricts free speech online?
A US company marketed an app that is legal in the US but illegal in Country X. Citizens in Country X access the app and authorities prosecute. Discuss extradition, jurisdictional defence, and the practical difficulties of enforcing Country X’s law against the US company.
Why might courts be reluctant to apply the law of one country to conduct that happened largely on the internet but had effects in another country? Discuss the legal and policy reasons.
Draft (in plain language) three contractual clauses an international SaaS vendor should include to reduce legal uncertainty about governing law and dispute resolution, and explain why each clause helps.
Discuss the role of national regulators (e.g., data protection authorities) in enforcing laws against global tech companies. What powers do they have, and what are their limits?
The Theft Act 1968 consolidated many theft-related offences. Explain the advantages and disadvantages of consolidating many judge-made rules into a single statute from the perspective of an IT professional who develops compliance software.