An Introduction to English Law

10 Pages

20 Downloads

Words: 3105

Date added: 17-06-26

Category:

open document save to my library
Introduction to English Law English law is applicable to England and Wales, the legal system under the umbrella of the United Kingdom. The law has largely been built through their years of qualifications, knowledge and experience to create a regulation to allow the residents of these countries that want to live and they must be bound by the Tribunal. English court system structure determines its charge of the Supreme Court of Judicature. This include of High Court for civil case and Crown Court for criminal case. In the bottom of the ladder are Magistrates Court it is for criminal case and Country Courts it is for civil case. England does not have physical and written constitution. Parliament and all of the members are not open to review by any court of law to accept. The Common Law is basis to English Law. Common law is unfair treatment are similar in that they occur or considered to be in different places different legal system facts. English law, in fact, the basis of many of today’s surgery and traditional American legal policy remains. Besides that, this is still acknowledged his relationship with this legislation in place before the system is subject to UK law such as Australia. England and Wales are due to the United Kingdom. United Kingdom is an integral part of the European Union, the English law that includes the European Union law. Most of European Union countries include the England the use of the civil legal system. United Kingdom has a dual relationship of international law. It means that international obligations must be incorporated into the English law legal official. The court has no obligation to apply supranational law. Under the international law, it is still such an important element of international trade is also strongly influenced by England. Sources of English Law There are three main sources of English law which are Parliamentary Legislation (Statues Law), Case Law and the Doctrine of Precedent and European Law (EC Law). Parliamentary legislation is based on the English constitution; Parliament is the supreme law maker. Act of Parliament is called the statue. Theory of parliamentary sovereignty believes that Parliament the power to enact or rescind it pleases any powers of the new law; the court cannot question the validity of the Act. In today’s government is that is has won the majority of seats in the House of Commons of political parties. Political decisions taken by the government as to what legislation should be enacted in each parliamentary sitting. Others to get parliamentary approval to modify some of the bill failed to become a statue at all. Bills usually begin in the House of Commons. The beginning stage is First Reading. This is a simple introduction of formal regulations, there is no debate. Second Reading is the principle of Bill was a general discussion but do not make any changes. The Bill is now discussed and made on behalf of the Commission in the same proportion to modify the composition of the House of Representatives of the detail. Third Reading is the debate was held on the final vote on the Bill and if approved bill passed to other housekeeping for same procedure. Private Member’s Bill is the opportunity for some members of Parliament have introduced legislation of things is of interest to them. There are two main aspects in case law which are common law and equity law. Common law is used to make the decision to send case of court in past of merger. As local customs and the case was the result of decision and the formation of backbone in common law jurisprudence is updated as a result of new cases being decided. Judicial precedent made by higher court was binding on lower court. Equity law is a major problem with the common law is that remedies were considered to have won the case just compensation. Delay in problem within a reasonable time is not to court in good equity law. The doctrine of precedent shows higher court is binding on lower court and it means there are levels of superiority on court such as House of Lord. In criminal court are binding. This ensures consistency in judge ruled. A maxim stare decisis which means standing by decision and when the precedent follow. European Law is to establish a European single market. The European member states with each free trade but later moved to more closely since Maastricht Treaty in an economic and political union. UK has been accepted as a member of European part of law in UK law. There are three main sources of European Law which are primary legislation, subordinate legislation and European court of justice rulings. Primary legislation is it sets out the rights and obligations of member states. There have three things in subordinate legislation which are regulations, directives and decisions. Regulations is directly applicable, no need for member state to make own legislation such as transport. Directives are not directly applicable and must be incorporate in national law in certain time period. Decision is directly applicable ad automatically to state, individuals. It’s a requirement that must be followed by recipient. The European court of justice rulings show the House of Lords is final court of appeal until United Kingdom joined the European Community and now the European Court is highest court. European Court of Justice can cover any piece of legislation has been enacted in accordance with European law. European Union is fully representative of all proposed members and vote in UK law. Civil and Criminal Division Supreme Court In civil division, Supreme Court hears appeal from Court of Appeal. In such an appeal may be it is necessary to leave the appeal. Court of Appeal for leave to appeal such it refers to the three Supreme Court judges of the Appeals Board. The Committee may make on behalf of the appellant’s counsel, oral argument. Besides that, It is possible the court to send the legal matters of public interest to Supreme Court of its volition. Only cases which have legal matters of public interest can be heard in the Supreme Court. It means the case has to be extraordinary. In criminal division, Supreme Court hears appeal from Court of Appeal and Queen’s Bench Divisional Court. In criminal division, the Supreme Court must first seek leave of the Court of Appeal. It means that have in the Court of Appeal in order to do this. The application can be carried out by the prosecutor or the defendant. If already have been to Court of Appeal considered, the application is the Court of Appeal and Supreme Court authority to either approve or reject. The hearing will determine that are eligible to have the Supreme Court to hear the case or not. Court of Appeal Civil Division hears appeal from the High Court and also hears appeals directly from a country court of appeals raise important point of principle or there are some compelling reasons why the Court of Appeal should hear it. Civil Division also hears appeal on points of law from various tribunals. The decisions of Civil Division, can appeal to Supreme Court for leave to appeal but Court of Appeal or Supreme Court to get either. Appeal does not have to raise a question of general public importance although the majority does so. The Criminal Division hears appeals from Crown Court. Defendants convicted of an offense on indictment in Crown Court may appeal to Criminal Division against conviction or sentence. Defendants who appeal against conviction his appeal will be dismissed. The defendant appealed the decision on who might have sentences confirmed or decrease rather than increase. In both cases, leave to appeal is required either from the trial judge or Criminal Division. High Court The largest division of High Court is Queen’s Bench Division (QBD). Its jurisdiction can be divided into some sections which is appellate civil and criminal jurisdiction. The appellate civil jurisdiction is QBD hear appeals from decisions of circuit judges in country courts while appellate criminal jurisdiction is QBD hear appeals on point of law or jurisdiction from magistrates’ courts and from decision from Crown Court. Chancery Division hears cases not only in London. Judges sitting as Chancery Divisional Court hear appeals from circuit judges in country courts on certain matters such as bankruptcy. Family Division is the judges who sitting in High Court can hear all cases concerning children and have exclusive jurisdiction over guardianship such as a type of court order giving custody of minor (under 18 years) children’s court to conduct daily routine care by single or local authorities. Crown Court Crown Court hears all cases involving prosecution. Criminal offences divided into four categories. Class 1 offences are most serious crimes, including treason and murder and are usually heard by a High Court judge. Class 2 offences including manslaughter and rape and are subject to similar provisions. Class 3 offences include all remaining offenses and usually by a judge of High Court case although circuit judge is more common. Class 4 offences including robbery and all offences tribal ‘either way’ and are not normally tried by High Court judge. When a cases of attempted criminal court jury decided the facts, that the defendant is guilty or not guilty. In a jury trial in criminal court, the judge responsible for overseeing the jury selection and swearing, so the fact that the jurors for their decision and warned them not to discuss the role of the direction of the trial of the case with others. Magistrates’ Court The court’s criminal jurisdiction can divided into one of three types which are summary offenses, offences triable on indictment only and offences triable either way. Summary offences are punishable by a maximum penalty of six months imprisonment or a fine of £5000 summarized most criminals convicted of driving behavior. There are more than 1 million people every year for committing summary offences. Offences triable on indictment only are more serious and cannot be heard in magistrates’ court while offences triable either way are offences either summarily in magistrates’ court or indictment in Crown Court. Magistrates’ Court also have civil jurisdiction which is case licensing. Licensing entertainment and gambling sites on the responsibility of local government but the local government’s decision can be appealed to Magistrates’ Court. Country Court In general terms the extent of country jurisdiction is the contract and tort actions by less than £25000 shall normally be tried in country court and actions for £50000 and over in High Court. Actions which have no quantifiable value can be tried in either court. Personal injury claims unless the claim is worth £50000 or more. When the amount of claim is less than £5000 at stake, the case will be processed in country court and will follow the small claims track. When the amount between of £5000 and £25000 and if the case can be tried in the day, the case can follow fast track claims; if the claim amount in excess £25000 multi-track claim should be used. Court Hierarchy The diagram above shows the hierarchy court of England. There are separate to superior and subordinate court. The superior courts are Supreme Court and Court of Appeal while subordinate courts are High Court, Crown Court, Magistrates’ Court and Country Court. Superior Court The Supreme Court is the highest appellate court in United Kingdom and Northern Ireland. It replaced the House of Lords on October 1, 2009, when 11 House of Lords became the first Supreme Court judge. The Supreme Court now has the full complement of 12 judges. A sitting of the House of Lords generally consists of five of twelve Law Lords, although in recent years seven or nine judges sitting on a number of major cases. The Supreme Court hears appeals from Court of Appeal. In some cases, there may be ‘leapfrog’ other court order to take the case to Supreme Court. Although there are some exceptions from High Court or High Court in Northern Ireland can send case to Supreme Court. To do this, it must first obtain a High Court issues a certificate. This will only happen if the High Court judge ruled that some of the ‘relevant conditions’ are met, there is a need for an applications to Supreme Court under the authority of controversial case, the consent of all parties to the case to be heard of Supreme Court. In the ‘relevant conditions’ is a general public importance a little bit and the issue involves interpretation of any statue or statutory instrument or the judge needs to be clarified completely judge, that is the Court of Appeal or Supreme Court of a point and in whose judgment is binding. Criminal Appeal Act 1996, the Court of Appeals split into two divisions which are Civil Division and Criminal Division. The Court consists of a number of ex officio judges and it up to 38 Lord of Appeal. In addition, any judge of High Court may be asked to sit in the Court of Appeal, although circuit judge only sit in the Criminal Division. Jurisdiction of Court of Appeal is entirely like the Court of Appeal in High Court of Justice in London’s Royal Court that can hear up to 12 cases at any one time. Panel of three judges heard under normal circumstances with particular importance occasionally listened to five groups. In order to reduce waiting times, since 1982 it has been able to group composed of two judges to hear cases. As a result, the Court of Appeal of the Supreme Court rather than the lower number of cases in 2010, the Supreme Court disposed 220 appeals compared with 10400 disposed of by Court of Appeal. Subordinate Court High Court is third highest court. It involves a lower court ruling made in civil cases and appeals. High Court is divided into three divisions which are Queen’s Bench Division, Chancery Division and Family Division. Each Division hears different types of operations. Queen’s Bench Division deal with common law disputes such as contract and tort and includes three specialist courts which is Commercial Court, Technology and Construction Court and Admiralty Court. Commercial Court hears cases involve commercial agreement and import and export. Admiralty Court has certain maritime claims exclusive jurisdiction. It deals with mortgage debt, ownership claims. Technology and Construction Court deals with specialist matters which relating to building and engineering work and other cases which involve technical questions. The Chancery Division deals with matters which originated in equity such as mortgage, bankruptcy. It also deals with various forms of property, tax disputes. Chancery Division also includes Patent Court which involves patents and registered designs and Companies Court which mainly involves the company’s forced liquidation. Family Division is related with family matters and little interest in business context. Crown Court is not like magistrates’ court is local court but a court in which the center is located in more than 90. Crown Court is part of Supreme Court which defined as including Court of Appeal, High Court of Justice and Crown Court. The operation’s purpose of Crown Court, England and Wales are divided into six circuits. The center is divided into three layers. In first layer, High Court judge hears civil and criminal cases but circuit judges and recorders hear only criminal cases. The second layer is the center of the same type as the judge but only to hear criminal cases. The third layer is recorders and circuit judges can only hear criminal cases. Magistrates also known as justice of the peace are a volunteer who became 21500 jobs in the Magistrates’ Court of Justice of England and Wales people. Magistrates may be appointed from the 18 year old, retired at 70. Magistrates’ Courts disposed 98% of criminal cases. District judges are legally qualified and decide cases by own. Non-professional judge bench in the law clerk by a judge who is legally qualified judge and guides the relevant laws and procedural issues not specifically invited to do so even if the proposal. Magistrates are independent of clerk and the latter should not be instructed to decide what they should achieve the magistrates. Most of the cases involve business will listen in Country Court. The court was first established by Country Courts Act 1846 and designed to minor civil cases. There are 216 country courts in England and Wales and at least one circuit judge and a strict court judge assigned to each court. Business disputes may involve a claim of breach of contract or tort claims. As these two issues in Country Court has unlimited jurisdiction to hear the case. Case The case that related to Court of Appeal is Jackson v Horizon Holidays (1975). The fact of the case is Mr. Jackson (the Pf) booked a holiday for himself and his family. The festival proved to be a disaster, failed to achieve what had been promised. The holiday company admitted liability but appealed the amount of damages awarded of £1000. The held for case is Court of Appeal upheld the ruling. Lord Denning said that base in assessment, rather than simply the loss suffered by individual Pf but the loss of a family member as a whole suffered. In other words, according to Lord Denning, the loss suffered by the family members was compensation. Conclusion As a conclusion, there were about sources of English law, court hierarchy and case. The court system is very important in UK because it has to make decision in court to punish the defendant that have done wrongly. In the legal system and consistency of decision making is very important to make such cooperation, mutually beneficial trade to continue smoothly.
Read full document← View the full, formatted essay now!
Is it not the essay you were looking for?Get a custom essay exampleAny topic, any type available
banner
x
We use cookies to give you the best experience possible. By continuing we'll assume you're on board with our cookie policy. That's Fine