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Understanding Statute Law and Case Law in English Legal System

   

Added on  2022-12-14

6 Pages1384 Words202 Views
Business Law
Understanding Statute Law and Case Law in English Legal System_1
Table of Contents
INTRODUCTION ..........................................................................................................................3
MAIN BODY ..................................................................................................................................3
CONCLUSION ...............................................................................................................................5
REFERENCES................................................................................................................................6
Understanding Statute Law and Case Law in English Legal System_2
INTRODUCTION
Law is the source which helps in regulating the behaviour of the people. It is the art of
justice which is made by the legislatures, executives and judges. The common law legal system
of the England and Wales is the English law which mainly deals with the criminal and civil laws
(Buhrer, 2019). This report is being discussed about the Statute law and Case law. The manner
in which the statute can be passed and how these are applied in the criminal and civil cases. The
different courts deals with the different cases and the ways where parties can go for the out of
court settlement.
MAIN BODY
Statute law is the rules and principles which are made in the statutes. These are the laws
which are passed by the legislatures. It can be originated from the national, state legislatures or
the local municipalities. It can be codified or uncodified. The law which is made during the
judgement is called as the common law this can be derived from the customs and precedents
(Coker, 2018). These laws can be superseded or replaced by the legislation.
The law can be passed on the bases of the established procedure. The initiative is taken
by the legislation and they proposed the bill in the Parliament which is debated in both the
Houses through the set stages which is as follows: at the first stage the bill will be reading out the
title and decide the date of second reading and the members give an opportunity to debate about
the matter of the bill at the second reading (Yip, 2021). At the second reading the members use
to give their opinions with respect to the specific points. When the bill is supported by the
majority then it will be proceeds on the next stage. At the committee stage the bill is properly
scrutinised and the amendments can be taken place. On this stage the members can prove their
opinions with the help of an evidence and upon the satisfaction the bill can be re-drafted. On the
next stage the MPs got an opportunity to consider the changes which are made in the bill. They
are also allowed to make further amendments and after this stage the third reading also takes
place. The Third reading is the done by the House of Commons they use to read the bill without
making any changes into it. Then they vote for the bill and then on the bases of the majority the
bill is being passed by the House of lords. After this, at the stage of consideration the members
can propose the amendments in the bill and then the bill will be sent back to the lower house of it
consideration and then the same process will be consider (Eskaraeva, Torebaeva and
Understanding Statute Law and Case Law in English Legal System_3

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