Law and Legal System Assignment (Solved)

Added on -2020-11-23

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Law
and
Legal System
Table of Contents
INTRODUCTION...........................................................................................................................1
TASK 1............................................................................................................................................1
P1. Types of law in the English legal system.........................................................................1
P2. Main principles relating to criminal law..........................................................................3
M1. Evaluation of type and principles of law by applying to a particular offence................4
D1. Demonstration of the criminal justice by critically analysing a particular criminal offence
................................................................................................................................................4
TASK 2............................................................................................................................................6
P3. Structure of Magistrates and Crown Courts.....................................................................6
P4. The route for appeal in the criminal court structure.........................................................8
M2. Analysis of structure of Magistrates and Crown Courts for criminal proceedings.........9
CONCLUSION..............................................................................................................................10
REFERENCES .............................................................................................................................11
.......................................................................................................................................................11
INTRODUCTION
Legal system mean a mechanism for elucidation and enforcing various laws. It consists
right and responsibilities of citizens and organizations in a country. Majority of states in the
world have three legal system viz. Civil, common and religious law. UK have English legal
system which have common legal system which is divided into criminal and civil law, public and
private law and common and equity law (Tushnet, 2017). Furthermore, each of them have their
own courts and systems. The laws prevailing in UK are enacted by Westminster Parliament of
UK. The report covers types of law in English legal system, main principles relating to criminal
law, the structure of Magistrates and Crown Courts and route for appeals in criminal court
structure.
TASK 1
P1. Types of law in the English legal system
English legal system operates in three branches of law consisting common and equity
law, private and public law and criminal and civil law. The highest authority to take decide cases
is with Westminster Parliament have power to make decisions on certain occasion. The higher
courts have more powers and authority than the inferior courts. Further, the principles of
“judicial precedents” are followed by courts to conclude a case. In order to proper conduct of
various acts of citizen, the government implement laws which are passed by UK parliament. UK
have a partially unwritten constitution and laws have already been enacted for written portion.
Along with this, doctrine of supremacy prevails over common or any other law (Raz, 2017).
Further, a particular structure is followed and to implement a law, a bill must be presented in the
Parliament by any of its members. The types of laws in English Legal System have been
described below:
Criminal and Civil law
Criminal Law Civil Law
This branch of English legal system deals with
offences and breaches that may affect the
society in a negative way. It is concerned with
all the citizens instead of just one person. A
person who has contravened criminal law will
It is about rights and property of individual
citizen or entities, which may not always be
protected by criminal laws. The laws resolve
conflicts between individuals and
organizations. Further, it award compensation
be held under criminal proceedings. Examples
of offences covered murder, sexual assault,
money laundering etc.
as relief or decision. In the contrary to criminal
court, there is no provision of sending a person
to prison.
Public and private law
Public Law Private Law
It is comprises laws that govern public
authorities, including government, and the way
they can use their powers (Gerhardt, 2017).
The aim is to limit misuse of power so
conferred to government. It is is a mixture of
UK administrative, tax and criminal law. These
are applied in order to narrow down inequality
that prevails between government and public.
Only government has the right to make
decisions in such cases, and a person aggrieved
from a determination may file for an judicial
review.
It is a branch of civil law of English legal
system which governs relationship between
individuals living in the society, for instance,
contracts, torts, trust etc. . Further, it if often
called common law. Also, it deals with
disputes between organizations operating in
UK. Further, it extends to matters of
commercial or financial nature or relations. It
applies to an individual party and the scope is
narrow than public law.
Common and Equity law
Common Law Equity Law
It is called judge made law. The judges while
deciding the case law have to take into account
judgements passed by higher and similar
courts. The doctrine of judicial precedents is
followed for reaching to a decision. For
example, A murdered B then this will be
referred to common law.
Under English legal system, Equity law
provides equitable remedies as passed by court
of equity (Chancery). It has twelve maxims
which are applied by judges to solve the case.
These have been created through precedents.
The relief that is awarded to an individual is
personal and specific (Volkova and et. al.,
2015). For instance, A and B are two persons,
where in B builds a home on A's land with the

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