Detailed Analysis of the English Legal System and its Components

This report provides a detailed overview of the English Legal System, commencing with an introduction to its core principles and historical development. The main body delves into the structure of the English Legal System, including the roles of key institutions like the Supreme Court, Court of Appeal, and Parliament. It differentiates between civil and criminal law, outlining their respective functions and the associated legal processes. The report explores statutory interpretation, examining the literal, golden, and mischief rules, and the discretion afforded to judges in applying them. Furthermore, it discusses the concept of precedent in common law and its significance in judicial decision-making. The report aims to provide a comprehensive understanding of the English Legal System's key components and operational mechanisms.

Legal Methods and
System

INTRODUCTION...........................................................................................................................1
MAIN BODY...................................................................................................................................1
English Legal System..................................................................................................................1
Skills Reflection..........................................................................................................................6
CONCLUSION................................................................................................................................7
REFERENCES................................................................................................................................8

INTRODUCTION
Law is an appropriate system of rules and regulations which are designed by legitimate
bodies for protecting individuals from wrongful conducts in order to establish peaceful
environment at public place. However, designing of laws is influenced by constitution; written or
tacit, viewpoints of societal members in order to enact create effective acts (Ward and Akhtar,
2011). English legal system is a common law of England and Wales which is imposed on entire
EU for protecting rights of common people. Therefore, this assignment is going to highlight
necessary elements of English Legal system in order to understand its way of functioning.
Furthermore, project shows an appropriate facts or figures associated with English Legal system
by showing various leaders, council members and related members related with this system.
Thus, main objective of this assignment is to focus on each and every aspects of common law by
showing its overall classification procedure as well as roles of several members.
MAIN BODY
English Legal System
English Legal system is considered as a top most European legitimate system which is
spread across various nations which includes such as; former English colonies like; Canada,
Australia and New Zealand. Main objective of this system is to protect common people from
getting misused, exploitative activities and maintain a peaceful environment at marketplace by
imposing suitable laws. It is fully based on huge foundation of over 900 years of law which are
practiced in UK. This shows that, process of enacting legitimate provisions and working norms
have gone through numerous of changes. Since 1066, Kind William rule I, the Anglo-Saxons
were totally free for following existing laws but not until 1200 under the rule of King Henry
which have a very much centralized system of common law that get established. In fact, it’s
totally same common law which too much prevails in recent time period (Cownie, Bradney and
Burton, 2013). Most amazing thing about British laws is that legal norms of earlier time frame
are still considered valid to that extent that these might get re-established by using an appropriate
procedure through new legislations. For example; Appeals of Murder Act 1819 and Witchcraft
Act 1735 not considering or using for passing judgment in current prevailing legitimate cases. It
has been assessed that cases of seventeenth century are still used by solicitors and barristers
while dealing with various complex cases in English Court system.
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In the hierarchical structure of English tribunal, judgement of Higher Court is binding on
entire court. In fact, it’s a basis of precedent which is also defined in its Latin form stare decisis
or “let the judgment stand” that is considered as central of English legal system. Supreme Court
is seen as top most hierarchy of English legal system, formally known as House of Lords.
Mainly, decisions which all are made in this tribunal are bind by all the other courts. Till, 1966
this system is bound by its own earlier decisions but furthermore this get changed when Lord
Chancellor have issued Practice statement. Supreme Court is known as a highest tribunal.
However, judgement which is taken into European Court of Human rights is not bind in all the
other domestic courts of UK (Kisanga and et. al., 2010). On the other hand, Court of Appeal is
below Supreme Court in hierarchical structure which gets classified into civil and criminal
divisions. Additionally, head of state is monarch who is unelected and covers the position by
virtue of birth. UK parliament comprises of two separate houses such as; House of Commons
and House of Lords. Thus, House of Commons is considered as representative body. Few
members get disqualified from membership by job or occupation or by status. Speaker is
appointed as a chairman of House of Commons and performs their assign roles and duties
without being partial such as; by accomplishing duties on set procedure (Gillespie, 2013). Prime
Minister is seen as member of House of Commons.
Classification of English legal system into civil law and criminal law is described as follows-
 Civil law- It’s a legal body which is originated in Europe intellectualized within the
framework of Roman law. Mainly, it’s a group of legitimate ideas and systems which
derived from Corpus Juris Civilis but majorly overlaid by Napoleonic, Germanic, and
Canonical, feudal and local practices. Main purpose of codification is to offer written
cluster of legal laws for applying it in a court. Its main objective is to provide
opportunities for common people to protect themselves from several legal issues. Along
with this, help in creating positive environment at public place by defending rights of
each and every individual (Guler and Guillén, 2010).
 Criminal law- Legal norms and bodies which are related with crime are falls under
criminal law. However, number of elements falls under this element such as; protecting
individuals from threatening, harmful effects or from any other wrongful attacks such as;
property, health, safety and moral welfare of people. Basically, criminal law covers the
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punishment and rehabilitation for those individuals who got involved in violating the
legal laws, norms, beliefs and set provisions (Crystal, 2012).
These two parts of English legal system covers all the indispensable factors related with
wrongful activities. Their main target is to punish those people who are involved in violating or
breaching the legal rules and regulations. In fact, powers are classified into various sections in
these two legal firms by having distinct rules and regulations on them. However, differentiated
into various courts and perform their assigned role by giving decisions. For example; Divisional
courts in English legal system are separated within three division of High court. Mainly, these
are bound by doctrine of stare decisis following judgment from Supreme tribunal and Court of
Appeal. Basically, Divisional Court is on top from the high court in hierarchal structure as well
as decisions taken into these courts are bind the normal cases of High court. On the other hand,
in criminal appeal scenarios, Queens Bench divisional court rejected to follow earlier decisions.
Consequently, High Court is surrounded by judgement of those tribunals which are superior from
it (Alter, 2010).
Furthermore, Crown Court is seen as a principal destination for jury trials in almost every
criminal case. All the persons who are eligible are expected for serving as a jury when called and
non-attendance, when issued by jury summons and is punishable for fine with minimum amount
of almost £1000. Jury covers almost twelve members who were selected at random basis from
the data that were held on electoral register. Jurors can also get dismissed if there are not able act
properly because of illness but as per Juries Act 1974 there must be at least nine members’ needs
to present. Eligibility which is requisite for becoming a juror is defined through Criminal Justice
Act 2003. Along with this, person who is having its age in between 18 to 70, on electoral register
and lives in UK for at least five years from its age of 13 is seen as eligible for sitting. Apart from
this, person who is suffering from any type of mental disorder are also having a right for sitting.
Hence, above explained matters are considered as some essential elements of English
legal system that comes on top most subjects when reading about this legal system. For example;
classification of law into; Civil and Criminal in order to understand the roles and responsibilities
of several norms of legitimate bodies (Farnsworth, 2010).
Statues of legal laws are also named as legislation, written norms of United Kingdom.
Mainly, those are designed and implemented by Parliamentary members as well as enforced by
several higher authorities, prosecuting bodies and many more. Thus, interpreting the actual
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meaning of legislation is not always straightforward. In fact, in few cases judges are called for
interpreting the legal provision as per the existing one and “rules of statutory interpretation” .
Statutory interpretation is needed where there is availability of complexity and
uncertain raises as how the particular provision is going to applies on certain circumstances.
Sometime written rules and regulations are not clearly depicts the meaning due to which people
get failed in understanding it. In fact, emergence of various complex issues is just because an
individual does not able to understand the legislation for covering a particular point, ambiguity to
understand the meaning, draft incorrect things which consist of numerous errors, new legitimate
developments as well as because of change in language. There are few statutes date back of 18th
century and utilization of words is now really very much tough to understand in current world.
Therefore, statutory interpretation is totally a matter of legal authorities. As per the Interpretation
Act 1978 meaning of several words are helpfully designs out which includes words importing the
masculine gender shall covers females. In coming time period, number of rules is set for
statutory interpretation in order to gives importance for this. These are named as Literal rule,
Golden rule and Mischief Rule (Barkan, Bintliff and Whisner, 2015).
Literal Rule- As per this regulation, words in a statute are provided with ordinary and
fully natural meaning. In fact, it will be read literally without having a requirement of further
assessment in order to understand the distinct meanings of it. This rule is mainly applied by
Orthodox judges who are having believed their constitutional obligation is totally limited for
applying laws which is amended by parliamentary members. These judges are wary of being
seen for creating legislation and performing a role in which they can see them as to become a
strict limited elected legislative branch of governing bodies. Simply, literal rule is just designed
for dominating and considered as dominant approach which is followed from over 100 years
(Ortoleva, 2010).
Golden rule- This regulation is also known as British rule that is an exception of above
explained literal rule and going to use at that place where the results produced by literal rule and
intention of parliamentary members would be circumvented instead of get applied. This means
that, Golden rule is designed by legal bodies for resolving the unsolved outcomes that comes out
from literal rule. It means, main objective of this rule is to clear the concept by understanding the
meaning of enacted laws through distinct way in order to come up with correct judgement
(Wigmore, 2015).
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Mischief rule- Last and final rule of statutory interpretation is Mischief rule which is
used by legitimate bodies for identifying any mischief and defect which statue is intended for
resolution. In some cases, statues are described broadly by tribunals in order to deal with
unforeseen loopholes or issues within legal bodies that might support in preventing original
intention of parliaments which is being honoured. Their main objective is to determine the
wrongful things and errors from statues that might done by legal bodies while doing their job
role (Janulevičienė and Rackevičienė, 2011).
Judges Discretion- It means, judges have an authority for applying any of the above
rules and regulation of statutory interpretation wherever it has been appropriate. However, each
and every rule is having its loopholes but still gives correct direction to the judges with the
capability of interpreting legislation in best suitable way for attaining best outcomes which is
intended by parliamentary members at the time of enactment. Moreover, these rules of
interpretation give a coherent by proving the framework for tribunals in order to follow best
suitable results associated with case in accordance with legislation (Asongu, 2015).
In common law, Precedent is considered as a principle or provision which were
established in earlier legal cases that might be binding on or persuasive for tribunal at the time of
making judgment on specific cases with similar problems or facts. Common legitimate system is
seen as great value while making judgment cases as per the enacted principle provisions in order
to acquire similar answers by having a predictable results and observance of precedent is seen as
a mechanism through which target can be achieved (Precedent in Statutory Interpretation,
2016.). However, principles, rules and regulations through which judges are bound for
precedents is considered as stare decisis. Meanwhile, common law precedent is known as a third
kind of law, equivalent footing with statutory norms, and delegated legislation or regulatory.
Number of case laws in English legal system is a set of judgement of adjudicatory courts or other
rulings which have been cited as precedent. Apart from this, some of the European countries use
this term as a set of rulings on law that is used for assisting through earlier rulings such as; past
decisions of governing agencies (Del Duca and Levasseur, 2010).
People are having knowledge about various principles, norms, rules and regulations are
considered as legal profession. In fact, this person is responsible for handling relevant legitimate
cases because of having full information about certain legitimate terms and conditions. Number
of examples are there which were considered as legal profession such as; members of judiciary,
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solicitors, lawyers, legal agents, judges, council members and various other individuals that are
specialist in legitimate terms and having a degree of this profession are known as legal
profession. Basically, it is essential to acquire a specified legal degree for becoming a legitimate
profession in order to understand each and every aspect of provisions so that they can handle any
legitimate circumstances (Lauder, 2010).
Last but not the least, English legal system have covers all the indispensable aspects
related with laws and designed an outstanding rules and regulations for preventing common
people from exploitative activities. Along with this, helps in establishing equal environment by
offering equal opportunities to each and every individual.
Skills Reflection
Throughout the assessment I have gone through number of sources for understanding the
meaning of legal terms, beliefs, norms, provisions, rules and regulations in order to enhance by
study of law. In fact, I have consulted with my seniors for gaining their opinion on my selected
topic so that they I can analyse their viewpoint also. This help me in framing my projects
because by collecting lots of data and information from various sources I get succeeded in
framing one end report with accurate facts. However, I have consulted with my tutor so that I can
come to know about some necessary points which help me while designing my whole
assignment. As a result, this works also because my tutor tells me several of new terminology
that even I don’t hear about it. Through this process, I get understand that experience really
matters because experience person can know about number of unique things and learnt distinct
elements related with their subject matter. Hence, I just wanted to gain experience of creating an
effective project through which I can learn number of things that is really beneficial for my
future development and growth. Additionally, by searching through various Google sources I get
succeeded to know about the depth of English legal system that few laws are still continue and
used also when there is an occurrence of complex situations and judges are not able to solve it by
using recent legislation. On the other hand, I came to understand that English legal system are
classified into two distinct part for resolving various types of cases in two different courts such
as; civil law and criminal law.
Apart from this, one thing in which I get confused while understanding it that statutory
interpretation because this part is little bit confusing because this section talks about interpreting
the enacted laws by showing intention of legal bodies. But seriously when I came to know about
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this my knowledge about law get more enhanced because through this element I get understand
that each and every Act is every number of meanings and even words also confusing. It means
that, in law terms sometime similar words are having different meaning but in other context due
to which rules of statutory interpretation is very much helpful in resolving certain issues and
problems that might incurred at marketplace. Hence, my knowledge getting more or more
enhanced in law terminology by understanding the reason behind every context. Now, I also
know about the necessary terms and conditions of laws which are different from each other. At
the end, I came to know that person who wanted to have a legal profession needs to know about
all the relevant facts or figures about legitimate bodies in order to handle the legislation terms in
better manner. Additionally, it is essential to gain specified eligibility by acquiring set
qualification for becoming a legal profession because it’s not easy to understand the things such
as; example of statutory interpretation shows that each and every term are having different
meaning in legal profession. Therefore, experience is really indispensable for having a legal
occupation so that assigned cases can solve by a person who is having a legitimate job. Hence,
whole project supports me in improving my lots of knowledge and change my viewpoints upon
distinct perspectives by clearing terminology of English legal system.
CONCLUSION
From the above report, it has been summarized that English legal system is a very broad
concept due to involvement of several members, enactment of numerous legitimate laws,
legitimate provisions, rules and regulations. In fact, it has been classified into two parts such as;
civil and criminal. This shows that, legal authorities have played major role in protecting rights
of common people by granting suitable rights to them. However, it has been understood that
these norms is helping whole country from getting misused with fraudulent activities by knowing
about indispensable rights. Along with this, several judiciary members are engaged in resolving
various complex situations that might incurred at public place. Hence, main objective of entire
project is to show that English legal system are playing eminent role in establishing peaceful
surrounding at marketplace by imposing necessary laws and terms. All the norms are helping in
reducing probabilities of risk factor and provides certain rights or authorities of common people.
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REFERENCES
Books and Journals
Ward, R. and Akhtar, A., 2011. Walker & Walker's English legal system. Oxford University
Press.
Cownie, F., Bradney, A. and Burton, M., 2013. English Legal System in Context 6e. Oxford
University Press.
Gillespie, A., 2013. The English legal system. Oxford University Press.
Alter, K.J., 2010. Establishing the supremacy of European law: The making of an international
rule of law in Europe. Oxford University Press.
Farnsworth, E.A., 2010. An introduction to the legal system of the United States. Oxford
University Press.
Barkan, S.M., Bintliff, B. and Whisner, M., 2015. Fundamentals of legal research.
Wigmore, J.H., 2015. Louisiana: The Story of its Legal System. Tul. L. Rev., 90, p.529.
Janulevičienė, V. and Rackevičienė, S., 2011. Translation strategies of English legal terms in the
bilingual Lithuanian and Norwegian law dictionaries. Societal Studies, 3(3), pp.1073-
1093.
Asongu, S., 2015. Law, finance, economic growth and welfare: why does legal origin
matter?. Institutions and Economies, 7(2), pp.30-55.
Del Duca, L.F. and Levasseur, A.A., 2010. Impact of Legal Culture and Legal Transplants on the
Evolution of the US Legal System. The American Journal of Comparative
Law, 58(suppl_1), pp.1-30.
Lauder, A., 2010. The status and function of English in Indonesia: A review of key
factors. Hubs-Asia, 9(2).
Ortoleva, S., 2010. Inaccessible justice: Human rights, persons with disabilities and the legal
system. ILSA J. Int'l & Comp. L., 17, p.281.
Guler, I. and Guillén, M.F., 2010. Institutions and the internationalization of US venture capital
firms. Journal of International Business Studies, 41(2), pp.185-205.
Kisanga, F and et. al., 2010. Perceptions of child sexual abuse—a qualitative interview study
with representatives of the socio-legal system in urban Tanzania. Journal of child sexual
abuse, 19(3), pp.290-309.
Crystal, D., 2012. English as a global language. Cambridge university press.
Online
Precedent in Statutory Interpretation, 2016. [Online]. Avialable
throughhttps://papers.ssrn.com/sol3/papers.cfm?abstract_id=2792904.
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