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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 consistingcommon 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 LawCivil Law This branch of English legal system deals with offencesandbreachesthatmayaffectthe 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 conflictsbetweenindividualsand organizations. Further, it award compensation
be held under criminal proceedings. Examples of offencescovered murder,sexualassault, 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 LawPrivate Law Itiscompriseslawsthatgovernpublic authorities, including government, and the way they can use their powers (Gerhardt, 2017). Theaimistolimitmisuseofpowerso 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. Onlygovernmenthastherighttomake 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 systemwhichgovernsrelationshipbetween individuals living in the society, for instance, contracts, torts, trust etc. . Further, it if often calledcommonlaw.Also,itdealswith disputesbetweenorganizationsoperatingin UK.Further,itextendstomattersof 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 LawEquity Law It is called judge made law. The judges while deciding the case law have to take into account judgementspassedbyhigherandsimilar courts. The doctrine of judicial precedents is followedforreachingtoadecision.For example,AmurderedBthenthiswillbe referred to common law. UnderEnglishlegalsystem,Equitylaw 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 personalandspecific(Volkovaandet.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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