Legal Method and Systems

This project report explores the legal method and systems in England and Wales. It discusses the role of magistrates, the court structure, and the process of selecting magistrates. The report provides insights into the functioning of the legal system and its effectiveness in providing justice.

Legal Method and
Systems

Table of Contents
INTRODUCTION...........................................................................................................................1
MAIN BODY...................................................................................................................................1
PART A.......................................................................................................................................1
PART B.......................................................................................................................................2
PART C.......................................................................................................................................4
CONCLUSION................................................................................................................................5
REFERENCES................................................................................................................................6

INTRODUCTION
Legal method is a set of skills or techniques used to analyse and apply the law
effectively. These methods are applied in systems of civil law, common law and other laws that
helps in interpreting and enforcing the law. A well defined legal system helps to elaborate the
rights and responsibilities in different ways. Purpose for which a legal system is designed is to
provide a systematic, orderly and predictable mechanism for resolving any issues that arises in
multi-pal situations. In this project structure, jurisdiction and processes of the courts within
English legal system is demonstrated (Duhaime, 2012). Together with this role played by
institutions and personnel in the legal system is defined. Communication, problem solving and
legal research skills will be used in the project.
MAIN BODY
PART A
Magistrate court was visited and at that point of time a trial was about to began in which
a civil issue was involved. A dispute among two business partners was brought to court because
one of them was accused of theft while operating business activities. A business named as
Friends and company was operated by two partners; John Brown and Harry Johnson. It was a
partnership business and both the partners was sharing profits equally. They were operating in
national boundaries and both the partners trusted each other. After operating business for 5 years
together one of the partner intended to make misrepresentation in the financial statement and
generate personal profits. John Brown was successful in misrepresentation of financial
statements and earn separate profits. They were involved in business of manufacturing tyres for
bicycles and when Harry Johnson was introduced with manipulation in the financial statements
he felt cheated and show his intention to resolve the issue by filling an appeal to Magistrate
Court. As it was a clear case of theft and it will be appropriate to file such criminal case to
magistrate court (Gaillard, 2014).
All criminal cases starts with magistrate courts and less serious offense are entirely
handled here. In this court summary offense, either-way offense and indictable-only offense is
dealt with. The magistrate court performs its operations through three lay magistrates or one
District judge. In the present case of theft in business is heard by three lay magistrates. These
magistrates are “Justice of the peace” and are local people who volunteer their services. Lay
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magistrates do not possess formal qualification and given legal and procedural advise by
qualified clerks. In the present case lay magistrates are advised through clerks and it was seen
that clerk ensures that magistrates become well informed about all the information required to
make fair proceeding of the case. Together with this lawyers are present work on the opposite
side of the case. The prosecution tries to prove the defendant John Brown in guilt whilst the
defence works to prove their innocence. While operating or deciding a case first of all lay
magistrates enters in the court and read out the charges that are imposed in the case. After that
layers are ask to plead for their respective parties. All the facts and proofs are presented in the
court and Clark make advise to magistrates regarding all the legal facts that needs to be
considered while deciding any verdict for the case (Lay Magistrate, 2019).
In the present case it was noticed that a business was operated by two individuals in
partnership and both of them trusted each other. One partner John Brown become self centred
and created his intention to make separate profits in partnership business. To earn separate
profits he misrepresented financial statements and earn separate profits and took all that money
out of business in his personal account. It become a case of forgery and theft at the same time.
John Brown was defended in the case and accused for the charges of intentionally earning
separate profits as not mentioned in the partnership agreements. When the case was filled in the
magistrate court it was at the first stage of trial as it appeared for the first time with the court.
PART B
“Beasts of Burden” is a phrase that is used to generate focus on the level of heavy loads
to carry operations or to perform other heavy work is created on a particular individual or on a
particular designation. Here magistrates are described as “Judicial beast of burden” which
indicates that in the legal system of courts magistrates who are available to resolve various
criminal cases or civil cases are burdened with more and more work which can affect their
performance in negative manner in long run or can make them frustrated (Minkkinen, 2017).
In magistrate courts cases are decided by a bench of three lay magistrates who are known
as Justice of the peace. They are mainly concerned with criminal cases and also deals with some
civil cases. There are 21500 volunteer judicial office holder who serve in magistrates courts
throughout England and Wales. Lay magistrates are unqualified, part-time and unpaid
professionals whop are chosen to serve in the magistrate court and deals with vast majority of
cases in the legal system. Selection process for becoming a lay magistrate is not as simple as it
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looks because to become a magistrate the potential candidates must satisfy three requirements.
The first requirement in the process is that they must possess the right qualities and be able to
commit their time to being a magistrate. There are six personal qualities that a magistrates should
have; first one is to have good character i.e. one should have good morals and principals, good
personal integrity and be respectful. Second is that they should have good understanding and
communication i.e. good understanding of law and cases that needs to be communicated in the
court. Third is that they must posses social awareness, means local awareness of problems as
well as knowledge of ethical and cultural background. Fourth is to be able to make sound
judgement which requires ability to think logically and assessing both the sides of the issue and
make decision with an open mind (Orford, 2013). Fifth quality of being mature and possess
sound temperament which helps them to become fair as well as being professional in the court.
Sixth is that they must show commitment and reliability through being a magistrate for 26 half
days a year.
Second requirement is that an individual must take an oath of allegiance. Their is no
compulsion for possessing a British Nationality but it must be not a seeking desire to be
appointed as a magistrate. Third and last requirement is that to become a magistrate individual
must be over 18 years and under 65 years with no pay and allowances for the role and will be
trained for about 21 hours or 3 and a half day at the starting point of time. When the trial verdict
for case of partnership fraud was filled in the magistrate all the qualities was present among the
bench of magistrates. As they all were in possession of good moral, understanding,
communication and social awareness. It can be seen when both the parties John Brown and
Harry Johnson involved in the case was representing their point of view and every small detailes
were noted to decide the case by lay magistrates.
Lay magistrates plays role of magistrates in magistrate courts and juries in the Crown
court. In both the places they decides the facts of a case and legal professional decide the law.
The legal professional are a legal clerk for magistrates and the judge for juries. In the magistrate
court they hears evidence and decides whether a person is guilty or not guilty to an offence as
charged (Ruhl, 2014). Magistrate imposes a penalty on those who are either founded guilty or
plead guilty to offences. The most important role played by lay magistrates in the court is to
ensure that justice is administrated fairly and impartially. Magistrates with their advisers and
district judges share a breath and volume of work which is not matched by any other judicial
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office-holder in England and Wales. These lay magistrates plays role of juries in Crown court
and helps in taking a decision through majority based on evidences presented to them. As a judge
they decides points of law and as a jury they decides the facts in the case presented to them.
Based on the process of selection and the role performed by lay magistrates in the judicial
system they can be fairly termed as “Judicial beast of burden”. As the process of selection
requires number of qualities that must be present in an individual it become a complex process
for an individual to be selected as an candidate for becoming a lay magistrate (Van Hoecke,
2016). Role performed by a magistrate differs on the basis of court in which case is filled as in
magistrate court they are the decision maker on the basis of law involved. It is seen that 95% of
the criminal cases are first filled in magistrate courts and some civil cases are also resolved at
this level. Huge number of cases on daily bases make it a complex process and all the burden lies
with magistrates. When burden for getting selection and role performed by magistrate is very
critical then in that case they can be termed as “Judicial beast of burden”.
PART C
a) Reason behind choosing my question is to understating the legal structure designed in
form of courts in the country. This will help me to understand how legal issues are filled in the
courts to take legal advise and process used to decide the case. Together with this it will help in
identifying application of laws and qualification a magistrate must possess to be designated as
magistrate.
b) As I have to attend a trial for a criminal case so I decided to visit to magistrate court as
95% of the criminal cases are decided here. I make a quick study regarding what type of cases
are filled in the court and how the organisational structure is managed for magistrate courts.
c) I found it totally different while visiting to the trial as decorum of the court and how the
case trial starts was important to understand judicial system. Through this visit I understand how
magistrates work, role played by clerk and role of lawyers for representing a case in front of the
court.
d) For part B I need to understand the process of selection of magistrates and the role played
by them in judicial system. During my visit I tried to understand tasks performed by magistrates
in the court and qualities that are available in them for performing magistrate role in the court.
To understand this in better manner a glance on the legal structure is mentioned.
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e) In terms of presentation I will answer each question in the structured form so that
relevant information can be obtained.
f) I like most about this assessment that it that it helps me in enhancing my knowledge
regarding court structure used in English legal system and qualities and role of magistrates in the
courts. One thing I don't like is overburdened magistrates (Wadhwa, 2015).
g) As all the areas that needs to be understand for elaborating the legal system is quite clear
and help me in generating more clear picture of the legal system in the country.
CONCLUSION
From the above project report it has been concluded that Legal structure of England and
Wales is quite effective. As it provides segregation in the type of law suit that needs to be filled
in different courts. Together with this well defined process of selection and role played by
magistrates are defined in the legal system. On the basis of this information how court structure
is designed and help in providing justice in the country is analysed for enhancing knowledge
regarding English legal system.
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REFERENCES
Books and Journals
Duhaime, G., 2012. Practicing on purpose: Promoting personal wellness and professional values
in legal education. TouRo L. REv. 28. p.1207.
Gaillard, E., 2014. Transnational Law: A Legal System or a Method of Decision
Making?. Arbitration International. 17(1). pp.59-72.
Minkkinen, P., 2017. Critical legal ‘method’as attitude. In Research Methods in Law (pp. 146-
169). Routledge.
Orford, A., 2013. On international legal method. London review of international law. 1(1).
pp.166-197.
Ruhl, J. B., 2014. Managing systemic risk in legal systems. Ind. LJ. 89. p.559.
Van Hoecke, C. L. M., 2016. Do “legal systems” exist? The concept of law and comparative law.
In Concepts of Law (pp. 55-70). Routledge.
Wadhwa, R.S ., 2015. Towards addressing legal compliance in manufacturing automation
systems. International Journal of Computer Science Issues (IJCSI). 12(6). p.129.
Online
Lay Magistrate. 2019. [Online]. Available through:
<https://www.gov.uk/become-magistrate/can-you-be-a-magistrate>
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