Introduction to Law: An Analysis of the English Legal System

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Introduction to Law

Contents
Introduction to Law.........................................................................................................................1
Introduction......................................................................................................................................3
Main body........................................................................................................................................4
Understanding of the role of the law in the country....................................................................5
Different source of law and their role within the legal system of UK.........................................8
Understanding of the legal cases.................................................................................................8
Conclusion.......................................................................................................................................9

Introduction
Law is considered to be the regulation that are enforced by the government of the country so as
to achieve the legal assistance in the country. This is seen that the legal system in the country
helps to provide the citizens to achieve the objective of maximising the act which are done as per
the regulations that are prepared by the parliamentary system of the country as a whole. It is seen
that in the country there are various aspects of law that are helping the government to regulate
the structure of the country as a whole. Also there are various province in the European Union on
which the laws applies1. This assignment contains the report where the distinction between the
legal professionals of the English legal system which is clouded and lacks the real divergence in
the roles are analysed and hence what are the key issues that the professionals are facing are
analysed in the essay. This essay would also identify and analyse the legal issues in the laws that
are framed by the government of the country. At last the different types of the sources of laws
and their roles would be considered for the better understanding of the assignment.
1 Baker, J., 2019. Introduction to English Legal History. Oxford University Press.

Main body
The statement that the legal professionals of the English legal system is clouded and lacks the
real divergence in the respective role is considered to be main statement that helps in
determining the condition of the legal professionals in the country and the role that they plays in
the country. The barristers and the solicitors are one of the main elements and the professionals
that helps the legal system which helps the people in the country to achieve the legal assistance
to the people in the country. It is considered that due to the consistent change in the legal system
and the entry of the legal firms in the country brings the difficulty in the condition of the country
and the lawyers that are working within the country2. It is considered that there are various
differences between the barristers and the solicitors in the country which related to the type of
training that they get and to the type of work that they perform. Also the rights that are provided
to them due to the change in the law and the status are considered for this purpose.
It is seen that the main difference between them is that the barristers in the country performs the
obligations which practice as the advocates of the country and the represents the clients in the
court. While on the other hand solicitors are the persons that tend to perform most of the legal
work in the office setting for the clients of the company3. Solicitors on the other hand has the
right where they have right of audience due to which the roles of the barristers and the solicitors
are considered to be in blurred situation. Hence this is seen that solicitor can now perform
various functions that the barristers are allowed to perform4.
The training that are provided to the barristers and the solicitors are also different and is related
to the functions that are decided by the legal system of the country. Hence this can be said that
there is a cloud in the working of the legal professional as they are not aware about the role that
they have to perform in the country and are not able to guide the users to perform the functions
more specifically5. The main difference in the training of both the solicitor and the barrister
includes that,
2 Barkan, S.M., Bintliff, B. and Whisner, M., 2015. Fundamentals of legal research.
3 Cartwright, J., 2016. Contract law: An introduction to the English law of contract for the civil
lawyer. Bloomsbury Publishing.
4 Von Glahn, G. and Taulbee, J.L., 2017. Law among nations: an introduction to public
international law. Routledge.

 For becoming the solicitor the person must complete the vocational 1-2 years course
which is categorised as the Legal practice course and after this the 2 years training
contract must be completed for this purpose.
 For the purpose of becoming the barrister the person needs to complete the course of the
Bar professional training course. Which after this the person has to go through the
pupillage of 1 year which is taken in the chambers of the court.
The members of the public are considered to be free to contract and instruct the solicitor where
as in the case of barristers it is not true. The public can have the access to the barrister in the
straight forward case if they get through the public access scheme6.
The solicitor are considered to be the person who have the great knowledge and are specialist in
the different areas which may include the family, crime, finance, property and the employment
law. The solicitor’s advice the clients undertakes the negotiation and draft the documents that are
considered for the purpose of the legal aid. It is primarily considered as desk job where the legal
advice are printed and the travelling is done only in the condition where the client is to be
presented in the court7. On the other hand this is considered that the Barrister does not get into
the contact with the public as much as the solicitor comes with the public. They have the task
that is given by the solicitor to take the certain amount of time to review the evidence and to
prepare the document that are to be presented by the solicitor in the court. Barristers are
considered to be self-employed on the other hand the solicitor are working for the companies.
Understanding of the role of the law in the country
In every country it is important to promote the functioning and to achieve the objective of
legalising the activities so that they are able to achieve the objective of the promoting the best
practice and legal regulation in the country. It is seen that the UK constitution is considered to be
one of the oldest and best constitution in the world which helps the citizens of the country to
have the legal remedies in the case of any issue that originates in front of them. This is seen that
5 Cotterrell, R., 2017. Law, culture and society: Legal ideas in the mirror of social theory.
Routledge.
6 Coulthard, M., Johnson, A. and Wright, D., 2016. An introduction to forensic linguistics:
Language in evidence. Routledge.
7 Crowther, M.A., 2016. The workhouse system 1834-1929: the history of an English social
institution. Routledge.

the United Kingdom has the three legal system which helps in defining the law in the country
and the structure of the law for the enforcement of the country. This is seen that as a result of the
2007 wales act the passage of the law has changes in the country more significantly8. In the
country there are two types of legislations that are focused on the functionality of the legal
system in the county these are considered to be generated through the national assembly for the
wales. These are more commonly known as the English law or the English common law. In the
United Kingdom there are substantial overlap between the three provisions of the jurisdictions of
the United Kingdom, these are England and Wales, the Northern Ireland and Scotland. The legal
system in the UK is such that some of the law applies to whole of the jurisdiction of the country
and some applies to the only one or two countries9. Hence this can be said that the role of the law
in the country is to bring the legal assistance to the people of the country so that they are able to
achieve the objective of living a free and just life within the country. The role of law also
includes regulating the functioning of the business enterprises which are working in the country
so that they are not able to function the wrong practice in the country.
The government through the process of the parliamentary system creates various laws that helps
to regulate the issue that is being discussed in the parliament of the country. The steps that are
included in creating the law includes the formation of Bill and making it pass through the
parliamentary system so that the bill can be imposed on the country as a whole10. The steps that
are included in the issue of the law and forming it into the legislature includes the steps which
includes,
 First reading: This is the stage where the purpose of the bill and the title of the bill is laid
down among the parliament of the country. In this stage the provisions of the bill are
presented in front of the members of the parliament.
8 Gluckman, M., 2018. Ideas and procedures in African customary law: studies presented and
discussed at the Eighth International African Seminar at the Haile Sellassie I University, Addis
Ababa, and January 1966. Routledge.
9 Graham, C., 2017. Ordering Law: The Architectural and Social History of the English Law
Court to 1914. Routledge.
10 Hervey, T.K. and McHale, J.V., 2015. European Union health law (Vol. 301). Cambridge:
Cambridge University Press.

 Second reading: It is the stage where the general principles of the bill and the laws that
would be discussed upon and debated among the ministers of the parliament so that they
are able to get the provisions that are associated with the bill.
 Committee stage: this is considered as the stage where the bill is taken into consideration
by the committee of the parliament who will consider its effect and would also help them
in achieving the objective of maximising the performance of the bill11. They analyse the
objective of the bill and checks if the bill is able to produce best result for the same. Here
in the bill the amendments are made in the bill if the bill lacks certain provisions that are
required to be added in the bill.
 Report stage: this is considered as the stage where the voting is considered to be done so
as to check that if the provisions of the bill provide the true and fair manner of the law in
the country12.
 Third reading: This is the stage where the amended bill is the presented among the
members of the parliament so that they are able to achieve the objective of maximising
the performance of the bill that is being converted into the bill. Here in this stage voting
is done for assenting the bill.
 Royal assent: After this the assessment of the bill is done and the royal assent is being
received by the ministers so as to bring the bill into existence13.
11 Jennings, R.Y. and Kohen, M., 2017. The acquisition of territory in international Law with a
New Introduction by Marcelo G. Kohen. Oxford University Press.
12 Pound, R. and DeRosa, M.L., 2017. An introduction to the philosophy of law. Routledge.
13 Loveland, I., 2018. Constitutional law, administrative law, and human rights: a critical
introduction. Oxford University Press.

Different source of law and their role within the legal system of UK
There are four principle source of the law in the UK which consist of common law, European
law, Legislation and the European Convention on the human rights. It is seen that there is no
single document that describes the functioning of the legal system of the UK. This is considered
as the fact that the constitution of the country is neither codified hence it is seen that law changes
as per the situation which arrives in front of them14. Hence various other source of the law are
described as below:
 Law of European Union: This is seen that the law in UK is considered to be made with
the influence of the European Union and it is based in the main signatories of the EU. So
the country has to follow the rules that are established by the EU.
 Common law: It is considered as the law that is seen in the majority of the country. This
is seen that it is followed by the England and wales and the country majorly practices the
common law which helps in achieving the objective of the maximising the performance
of law in the country. Therefore this is considered as the precedent that helps the court in
the country to take the decision in the issues in front of the court15.
 Legislations: These are the prime source of law in the country which help parliamentary
body to form the constitution in the country. Hence the laws that are framed by the
constitution of the country are regarded as the main laws that helps in regulation of the
country.
Understanding of the legal cases
It is considered that there are various legal reforms that have taken place in the country which
helps in enhancing the performance of the legal system of the country. The ministry of the justice
was created in the year 2007 by the constitution of the country and this is seen that the Supreme
Court is considered to be the main department that took the functions of the House of Lords in
the year 2009. This is seen that the in case of the education system of the UK it is considered that
there were various changes were made the right to education was considered to be one of the best
amendment that was made by the legislation16. This enabled the right to education to all the
14 Mikkelson, H., 2016. Introduction to court interpreting. Routledge.
15 Wacks, R., 2017. Understanding jurisprudence: An introduction to legal theory. Oxford
University Press.
16 Murphy, J.G., 2018. Philosophy of law: An introduction to jurisprudence. Routledge.

people of the country. Hence this can be said that the parliament use various factors to amend the
system and allow the use of various functions so as to provide the best constitution remedy for
the citizens of the country17.
Conclusion
From the above study this can be seen that the legal system in the country are considered to be
one of the most important form that helps the country to achieve the objective of maximising the
performance of the duties of the people in the country. This can be seen that the English legal
system is one of the oldest legal system which helps the citizens to have the healthy and fruitful
leering and performance of the activities freely. There are various elements in the country which
are recognised by the legal system so as to provide the legal assistance to the people. This can be
checked as solicitor and the barristers.
17 Partington, M., 2018. Introduction to the English Legal System 2018-19. Oxford University
Press.