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Legal professionals of the English legal system Assignment

   

Added on  2021-02-19

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Legal professionals of the Englishlegal system

The distinction between the legal professionals of the English legal system isclouded and lacks any real divergence in their respective roles.The United Kingdom is considered as a constitutional monarchy, where instead of president,Head of State is called as monarch, whose duties, roles and entire responsibilities are conscribedby convention1. English law has been spread now from UK to many other countries, whichincludes former English colonies like Australia, Canada and New Zealand. English legal systemhas been an evolving history which starts dating from local customs of Anglo-Saxons, whosetraces are survived till 1925. But after the Norman Conquest, local customs have grown up sideby side, including with Feudal courts of Barons, Saxon shire courts, ecclesiastical (church) courtsand more. From the King’s council which has been developed the royal courts and presided overby judges, now gradually absorbed the legal powers i.e. jurisdictions of ecclesiastical andbaronial courts2. Doctrine of judicial precedents is considered as a unique feature of English lawof UK, where the reported decisions taken by courts helps in forming a binding source of law inorder to take future decisions. Along with this, United kingdom is having an unwrittenconstitution i.e. no written document for stating rights of citizen or for clarifying action ofgovernment. It is comprised of various sources, of which some are written like statutes andothers like constitutional conventions are unwritten3. Constitutional conventions are importantunwritten and non legal source of constitution binding on operators of constitution but are notimpose by law courts. United kingdom's legal system is divided into three separate legal system,one for England and Wales, one for Scotland and last is for Northern Ireland. Having an unitaryconstitution where supreme law making authority is the parliament in Westminster. Here, judgesare also bounded by a number of decisions taken by courts of superior jurisdiction so that legalsystem can be maintained. The classification of English Legal System can be analysed in twomajor terms that are – Criminal and Civil. Here, criminal law is generally concerned withoffences that taken against society or crimes, while Criminals are mostly prosecuted by State.While Civil law emphasises on family matters, disputed between two parties (employer and1231

employee, supplier and consumer etc.) injured party sues and more. According to views ofresearchers, it has been evaluated that the judiciary in The United Kingdom are respectedthroughout the entire world for its impartiality and effective judgements for resolving a case,especially business matters. In dealing with complex cases, the Judicial independence refers tobe a key principle of constitution of this nation, where Judges decide cases as per own judgementof issues, that are free from outside influence as well as governmental control4. However, theJudicial appointments are usually made by JAC (Judicial Appointments Commission in England,which is known as the independent Non-Departmental Public Body and has been launched in2006, are mainly works for maintaining and strengthening the judicial independence. In thisregard, JAC Commissions focuses more on that selection of candidates having legal professionfor judicial office must be free from any political involvement.In managing the English legal system, many professionals hold different-different roles andresponsibilities. It includes Arbitrator and Mediator, Judge, Barrister, Law Cost Draftsman,Legal Cashier, Legal Executives, Notary, Solicitor, Usher and more. All these professionals givetheir contribution in sustaining laws and regulations5. Arbitration and Mediation are consideredas non-judicial and alternative ways for resolving disputes before courts where disputed partiesmake settlement as per discussion with Arbitrators and mediators, who are neutral whilegiving judgement. These professionals are expert in their field and high experienced in handlingdisputed case and resolve them without going to court after hearing the case from both sides ofparties. Both solicitors and barristers as per English legal system can be appointed as judges andmake decision to resolve legal cases in some circumstances. It includes cases like if a trial hasinvolved a jury then judges may rule over proceedings for ensuring fairness and resolvingmatters in a proper way. Law costs draftsmen ensure in courts that on the behalf of clients, ifthey are properly charged or not for work undertaken. Along with this, in case of an issue relatedto over cost, law cost draftsman can also represent themselves in court as clients6. Solicitorswork in a number of areas of law and act as a confidential adviser. They are usually provided theexpert legal advice and assistance in a range of situations. The main role of solicitors is to4562

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