Law and Legal System Assignment Solution
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Added on 2020-12-30
Law and Legal System Assignment Solution
Added on 2020-12-30
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Law and legal system
Table of ContentsIntroduction .....................................................................................................................................1LO1 .................................................................................................................................................1P1 Types of law in the English Legal System.............................................................................1P2 Main principles relating to criminal law................................................................................3M1 Type and principles of law that apply to a particular offence..............................................4LO 2.................................................................................................................................................4P3 Structure of the Magistrates and Crown Courts.....................................................................4P 4 The route for appeal in the criminal court structure.............................................................7M2 Analyse the structures of the Magistrates and Crown Courts for criminal proceedings......7Conclusion.......................................................................................................................................8REFERENCES ...............................................................................................................................9
IntroductionThe legal system is known as the process and the procedure that is implemented tointerpret and enforce the law within the country. This is the mechanism that is used to elucidateand the enforce various laws that are affecting the working of the nation. The English legalsystem is made up various laws which includes the civil law, criminal law, statutory law and thecommon law (Aoláin, O'Rourke and Swaine, 2015). This helps in elaborating the rights and theresponsibilities in various ways through which the country and the citizens of the country canfunction in proper and prestigious way. As while working for the public service this has beenasked by the section manager to write a report on entailing the composition and roles ofjudiciary. This report would analyse the different types and the principle of laws and wouldexplain the structure and the working of the criminal courts. LO1 P1 Types of law in the English Legal System.The English legal system is considered as one of the oldest legal system which is derivedfrom the particular geographical areas and it varies due to the historical reasons. This is seen thatthe English legal system operates in three branches which consist of the law of equity, commonlaw, criminal law and the statutory law. This law is administered by the courts of England andWales. The rules that are prescribed here in applies to both the civil and the criminal matters. It isalso guided that the parliamentary system is the supreme body which entails and perform theduty to make the laws for the betterment of society (Boyd, 2015). It is seen that the higher courthas more power than that of the inferior courts. It is seen that there are various types of laws thatare defined in the legal system which helps the functioning of the country to become smooth andprevalent. These laws are formed by the ruling government through the process of parliamentarysystem where the government with the help of opposition party passes the bill and codifies it intolaw. The various types of law in the legal system includes:Civil law: This is the body of law that portrays the private rights and the remedies, thisalso helps in governing the dispute that arise between the individuals in the areas ofcontracts, property and the family law. This is the system of law that traces its roots fromthe ancient Rome and are governed by the doctrines which are developed and arecomplied by the judges. This has been seen that the civil law in the countries use these1
prescribed doctrines to make a conclusion on the issues that are discussed within them. Ithas been derived from the Roman Corpus Juris Civilus who was the emperor to theJustinian 1. This law differs from the common law system as it is considered as the lawwhich is in the written form. Also this law helps to refer to the body of laws whichgovern the disputes that arise between the individualsCriminal law: This is considered as one of the best known area of the law. The criminallaw. It is seen that the English criminal law concerns the offences and the prevention thatconsequences the England and the Wales. The criminal conduct is considered as thewrong that happens in the whole community rather than just being affected by the privateindividuals (Catley and Claydon, 2016). The criminal law as considered can range fromserious crimes such as murders to less offensive event which is considered as littering.The courts and the police in the system in the criminal law are separated into the threesections which are based on the judicial system of England and Wales, Scotland and theNorthern Ireland. This has been seen that the criminal law isn't limited to the offencesthat occurs against the individuals, it also includes the offences such as burglary, theftand various other forms. This criminal law also consist of the financial crimes such asfraud. Common law: This is considered as the law that is made by the judge of the court. Herethe judge while deciding the case law have to take into account the judgements that arepassed by the higher or the similar courts. It is seen that the judgements which are passedby the higher or the similar courts are considered as one of the forms of common law andis applied to all the province of the state. Statutory law: The act of law that parliament creates and changes through the process ofparliamentary system is considered as statutory law. This is the law that is established asan statue and is written formally to enact in the proceedings of the court. It is seen that anact of parliament that codifies the structure according to which the working of the citizensof the country are enhanced is known as the statutory law (Tushnet, 2017). For examplein case of driving a car on highway and the speed limit that is prescribed is 55 miles perhour, however the car is rushed to 70 miles per hour and the police officer stops andimposes the penalty on violating the speed limit and said that it is impeachment of the2
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