Introduction to Law and Legal Systems - Assignment
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Added on 2020-12-26
Introduction to Law and Legal Systems - Assignment
Added on 2020-12-26
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Law and Legal System
Table of ContentsINTRODUCTION...........................................................................................................................1TASK 1............................................................................................................................................1P.1 Types of laws in English legal system..................................................................................1P.2 Main principles related to criminal law................................................................................2M.1 Types and principle of laws that is applicable to Murder....................................................3P.3 Structure of the Magistrate and crown courts.......................................................................3P.4 Route for making appeal in the criminal court structure......................................................4M.2 Structure of Magistrate and Crown courts for criminal proceedings..................................6CONCLUSION................................................................................................................................6REFERENCES................................................................................................................................7
INTRODUCTIONThe legal system of a nation defined the guidelines on how the laws, legislation andregulation are enacted, implemented and regulated in the nation to maintain the law and order ofcountry. UK have English legal system under which the laws are formed, applied and regulatedby different authorities having legal powers. The legal system consist of different types of lawsdealing with various ling of civil and criminal offenses. The report includes all types of laws inEnglish legal system and focus on the principles related with the criminal law in UK. Thestructure of the magistrate courts and crown court is presented in the reports as well. Along withthis principal governing murders and its application is defined. The route which is to be followedto make an appeal in courts is describes along with working and evaluation of justice systemregarding murder is described.TASK 1P.1 Types of laws in English legal systemCIVIL SYSTEM: This is that branch of the law in English legal system which dealswith the cases of civil wrong done to a person by anther person for an organization. The civilwrong means those act which do not include any serious injury or loss of life rather it includesthose under which a person suffers mental shock, breach of duty of care, contract, negligence tortetc (Bandes, Elison and et.al., 2016). Under this legal system remedies is provides ascompensation for the damages or injury suffered.CRIMINAL SYSTEM: This branch of English legal system deals with the cases whichare serious in nature which includes serious harms or injury to a person of even loss of death, thisincludes battery, assault, sexual assault, rape, serious harassment etc. this types of cases areheard in magistrate's court (Legal systems in UK (England and Wales), 2018). In the criminalcases remedies to the person who have suffered injuries or have diseased is given in the form ofprosecution including imprisonments, penalty and some times as death sentencing.COMMON LAW: The common law of justice system is includes those laws which arenot present in written and codified form. This can be defined as a judicial decision creating abinding effect of the ruling passed by higher level of court over the lower level of court whichcan only be overturned by either highest court or through legislative process. The decision ofhigher court is applicable through doctrine of judicial precedent to the lower court.1
STATUTE LAW: This constitutes the laws and legislation present in the writtencodified form under one document. The awes are made through the act of parliaments and mustbe necessarily followed by the courts while deciding a case (Types of courts in the UK, 2018).These are binding on all the courts irrespective of their hierarchical order. This means that thestatues are foundation and base of the English legal system making it the backbone of thelegislative structure of UK.P.2 Main principles related to criminal lawThe principles of criminals laws means the terminologies and the basis used to prove acrime as well to pronounce a ruling over a criminal offense.JUDICIAL PRECEDENT: The doctrine of judicial precedent creates a binding effecton the lower court to follow and refer the decision of a higher courts in criminal cases with sameor similar subject matter (McCarrick,Davis-McCabe and Hirst-Winthrop, 2016). After takinginto consideration only the decision over the lawsuit must be passed.BINDING COURTS HIERARCHY: In deciding the criminal cases the English legalsystem have provided the hierarchical order of the court through which only a case must proceed.First is the magistrate courts, then the crown courts, then royal courts of justice and so on (Hohland Stanko, 2015)). The apples must be made in hierarchical orders and the cases are referred tohigher courts by lower courts.AVOIDING OF PRECEDENTS: The doctrine of Judaical precedent make the ruing ofdecided case law binding on lower courts but the same can be denied to follow by the highestcourts through the legislative procedure by courts. This can be done with proving that theprevious court has erred in making decision which can be related with misinterpretation ofstatutes or omission of a fact or evidence important to the case. MENS REA: This can be defined as the intention of the person behind commitment ofthe crime. To prove a person guilty of criminal offense the culpable behind the criminal act mustbe proved. Means reas basically includes omission of act, legal causation, intention andrecklessness.ACTUS REUS: This is defined as the element of a crime, which means the accusedparty is responsible for committing a deed which is prohibited under the law (Actus Reus, 2018).Actus reus is commonly defined as a criminal act that was the result of voluntary bodilymovement. This describes a physical activity that harms another person or damages property.2
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