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Understanding English Law: Statutes, Case Laws, and Alternative Dispute Resolution

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Added on  2022-12-15

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This essay explores the application of statutes and case laws in the English legal system, focusing on civil and criminal cases. It also discusses alternative dispute resolution methods used to resolve legal disputes.

Understanding English Law: Statutes, Case Laws, and Alternative Dispute Resolution

   Added on 2022-12-15

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INTRODUCTION
The law is a set of rules that the state acknowledges and applies in the judicial process.
English law refers to England and Wales' common law judicial system, which consists mostly of
criminal and civil law, with each division possessing its own set of courts and procedures. In
England, there is a hierarchy of sources: primary and secondary legislation, common law and
equity case law laws (derived from precedent decisions), Parliamentary conferences, traditional
customs, and law manuals (Kızılkaya, N., 2021). As a result of BREXIT, the regulation of
European Union Law in England, which was formerly of paramount significance, has come to an
end. The aim of this essay is to understand that how these statutes and case laws are applied by
the judiciary in civil and criminal cases. This also helps in understanding the various alternative
dispute resolution methods used to resolve the matters between the parties in dispute.
MAIN BODY
The rules that helps in the regulation of the people's behavior in a democratic society are
commonly regarded as laws. Legislation (which includes: Acts or laws made by Parliament, by
the statutory instruments or by the Orders of Council, etc.) and case law ( which are the decisions
of higher courts, or of the courts of record, that are binding and which must be followed and
enforced by less senior courts) are the primary sources of legislation.
Case law is made up of court rulings that are issued as "case reports," which are the main
and most basic sources of UK law. Producing authoritative law reports that include the evidence,
questions, and judgments, as well as the legal standards on which the judgement is based, is
critical to the successful implementation of the law. The theory of judicial precedents is a
distinctive feature of English law, in which existing court rulings are a legitimate basis of law for
potential decisions.
An Act of Parliament enacts new legislation or modifies current legislation. An Act is a Bill
that has received Royal Assent from the Monarch since being passed by both the House of
Commons and the House of Lords (Southerland, V., 2020). Acts of Parliament, when taken
together, make up what is known in the United Kingdom as Statute Law.
A Bill, also known as draft legislation, is proposed legislation that must be reviewed by both
Houses through a series of steps that include: first reading, second reading, committee stage,
report stage, third reading, and Royal Assent. The Bill will not become an Act of the
Understanding English Law: Statutes, Case Laws, and Alternative Dispute Resolution_2

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