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The Judicial System of UK - Doc

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Added on  2021-01-02

The Judicial System of UK - Doc

   Added on 2021-01-02

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THE JUDICIAL SYSTEM
The Judicial System of UK - Doc_1
TABLE OF CONTENTSINTRODUCTION...........................................................................................................................1TASK 1............................................................................................................................................1UK’s Court Structure and Jurisdiction of each court.............................................................1TASK 2............................................................................................................................................2Functions of the civil and criminal courts..............................................................................2TASK 3............................................................................................................................................3Grounds and routes for appeal in civil and criminal courts....................................................3TASK 4............................................................................................................................................4Roles and functions of the legal personnel and arguments for the fusion of the legal profession................................................................................................................................................4Roles and functions that lay people and its contribution to the judicial process....................5TASK 5............................................................................................................................................5Alternative methods for settlement of legal disputes.............................................................5Advantages and disadvantages for using such methods.........................................................6CONCLUSION................................................................................................................................7REFERENCES................................................................................................................................8
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INTRODUCTIONJudicial system consists of rules, regulations and institutions that are responsible for thelegal security and rule of law for public. It administers the justice and constitute judicialdepartment of the government (Frank and Bix, 2017). This report is based on Judicial System ofUK. It covers the structure and prime disciplines of a country's judicial system. It also includesvarious grounds and routes in which a person must make an appeal in civil and criminal courts.Further, it covers the appeal process and alternative dispute resolutions. It also includes the roleof amateur people in jurisdiction process. Lastly, it covers the alternative methods for settling thelegal disputes with describing its major advantages and disadvantages. TASK 1UK’s Court Structure and Jurisdiction of each courtIn United Kingdom, there are three different unified legal systems that are related toScotland, England and Wales and third one is in Northern Ireland. There are many courts at eachlevel. In this context, hierarchy of the UK court’s structure is defined as below:Supreme Court – In Wales, Northern Ireland and England, there is the highest court that isHouse of Lords that convert in Supreme Court in 2009. Its jurisdiction process starts throughappeal in this court (Ginsburg, 2016). A person can appeal in it if he or she is not satisfied withthe High Court. It is the final place for getting judgement and each party should follow thedecisions given in this court. It has two major divisions that are criminal and civil. High Court – It contains three major divisions that are Family Division, Chancery Division andthe Queen's Bench Division. The core jurisdiction of this court may be appealed to the CivilDivision of the Court of Appeal. Its divisions are described below:Chancery Division: It has been classified into three different courts.For Companies Court – It applies for businesses, organisations and companies that dealwith those cases that are concerned with insolvency, commercial fraud, disputes inbusinesses, disqualification of directors and company’s management. For Divisional Court – The Divisional Court deals with some legal proceedings like trust,equity, tax partnerships, bankruptcy and contentious probate (Howard 2014). 1
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For Patents Court – It deals with copyright, various intellectual property rights,trademarks, patents and passing-off. Family Division: This type of Divisional Court deals with all types of matrimonialmatters including adoption, custody of children, family homes, domestic violence, divorce,medical treatment declarations and annulment. It also conducts the judgement of uncontestedprobate matters. Queen's Bench Division: This divides in different five courts.For Admiralty Court – It hears statutory appeals & applications, judicial reviews,application for habeas corpus under Drug Trafficking Act 1984. For Administrative Court – It deals with shipping and maritime disputes, for example:limitations, mortgage disputes, salvage and carriage of cargo. It can arrest cargoes andvessels within the jurisdiction of Wales and England (Jain, 2017). For Mercantile Court – It deals with t national and international business disputes thatclaims complexity and lesser value cases which are heard by the Judges of CommercialCourt. For Commercial Court – It concerns with national and international organisationaldisputes that cover banking, international trade, arbitration and commodities disputes. For Construction and Technology Court – It is a special Bench that concerns withconstruction and technology disputes that include technical issues (Landis, 2017). Crown Court – It deals with several indictable criminal cases such as rape, murder and robbery.It also hears serious criminal cases and sent it for further appeals. County Court – This Court deals with all cases excluding the simplest and complicated civilcases such as breach of contract, personal injury, family issues and repayment of debts. TASK 2Functions of the civil and criminal courtsCivil courts: This deals with private controversies and disputes that arises among public, privateinstitutions and several organisations. It seems that public is not ordinarily a party to thelitigation ans its interest is limited to providing acceptable rules for making better decisions (Li,2016). It handles those legal disputes which are not under crimes. 2
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