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Legal Systems of Europe

The assignment requires an essay on the nature and sources of law, the applicability of statute and case law in criminal and civil cases, and the functioning of the court system in the UK.

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Added on  2022-09-08

Legal Systems of Europe

The assignment requires an essay on the nature and sources of law, the applicability of statute and case law in criminal and civil cases, and the functioning of the court system in the UK.

   Added on 2022-09-08

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Running head: BUSINESS LAW
BUSINESS LAW
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Legal Systems of                      Europe_1
2
BUSINESS LAW
The English legal structure is grounded on the common law that does not mean that statutes are
less enforceable. The statue law, in fact, codifies certain regulations. The case law is the
gathering of the previous legal decision that is written by tribunals and court in the procedure of
deciding cases where the legislation was examined by application of cases to settle vagueness for
takings decisions on cases. The previous decision is termed as precedents or case laws. The
judicial understanding is differentiated from the statutory legislation that are the codes which are
enacted by legislation as well as regulatory law that are created by the executive organizations
rest on statutes. In some jurisdictions, the case law could be implemented to the ongoing
adjudication, for instance, family law or criminal proceedings. The criminal cases that arrive at
court after deciding by Crown Prosecution Service to act against individuals for crime. The act
of the parliament makes new law or changes to the existing law. An act is a bill which has been
approved by both houses of parliament that is House of Commons and House of Lords and have
given royal assent by the Monarch. Thus combined act of the parliament is termed as statute law
in the United Kingdom (Harding 2019).
The four fundamental sources of the United Kingdom's laws are common law,
legislation, European Union Law, and the European Convention on Human Rights. There is no
single range of documents that entails the whole of the legislation of the United Kingdom. The
legislation is considered as laws that are formulated by the legislature (Bankowski, MacCormick
and Marshall 2016). The legal structure of Wales and England is a common law, and the
judgment of the experienced appellate court becomes the portion of laws. The United Kingdom
is the associate of the European Union that implies the European Union legislation adopts
precedence over the legislation of the United Kingdom. As the member nation of the European
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BUSINESS LAW
Council, the United Kingdom is a participant of the European Convention on Human Rights.
From the perspective of judicial structure, the day-to-day functioning of the court of Wales and
England is operated by Majesty court and Tribunals Service (Merryman and Pérez-Perdomo
2018). The individual case is administered by a court that becomes the key portion of the
functioning of court and judiciary staff. Case management concentrates on the procedural law
that is further classified into civil litigation, focusing on individuals as well as criminal
prosecution that is bought by the state. The case administration in the civil case is subject to the
procedure that regulates both Country and High Court litigation.
The High Courts and Appellate court constitute what is designated as Senior Court of
England and also Wales. It is the appellate court that is categorized in criminal and civil
(Blackstone 2017). Thus filing appeal subject to receiving approval that might be granted by
High Court or by Court of Appeal. The cases are usually listened by the three judges comprising
of Head of the Division, in addition, that Lord Judges of Appeal who are the experienced judges
and listen to the appeal cases. The Civil department listens to appeal in the important cases in
family justice and civil matters from the High Court and, in some cases, from Country court as
well as the tribunals such as Employment Appeal Tribunal. The Mercantile Court functioned in
eight local centres all over Wales and England. The Commercial Court has extensive jurisdiction
on international credit and banking as well as trade matters, the juries in such court adjudicate on
commercial conflicts. The Construction and Technology Court shields the zones involving
adjudication enforcement, traditional building litigation, professional and arbitration negligence
assertions, information technology, and engineering conflicts. Case laws are the collection of a
past legal decision that was written by the court as well as similar tribunals in the process of
deciding civil and criminal cases. The court resolves the disputes by examining the law using the
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