Compare And Contrast The Legal System Between The United States And The US

In Ukraine, the legal system is a civil law system “Civil law regulates the everyday life of citizens and other legal entities, such as corporations. The main code of Ukrainian civil law is the Civil Code of Ukraine. It comprises provisions governing ownership, intellectual property rights, contracts, torts, obligations, inheritance law, and the definition of legal entities. The code introduces new types of business contracts into the legal practice, including factoring, franchising, rent service, and inherited contracts. Civil litigation is governed by the Civil Procedural Code of Ukraine”. The legal system in the U.S. is completely different, it is the common law system based on English common law, which is law established by judges, courts, and similar

This essay will argue that the Criminal Justice System (CJS) in England and Wales doesn’t provide justice for all. In particular, the institutionally racist nature of the police and courts towards Black, Asian and minority ethnic groups (BAME) will be addressed. The ‘Lammy Review’ has been instrumental in outlining the disproportionate representation of BAME groups within the CJS. In a letter addressed to the Prime minister, David Lammy reports the findings from his review. 51% of UK-born individuals from BAME backgrounds believe that the CJS discriminates against certain groups and individuals (Lammy,2016). In comparison, only 35% of the white population born in the UK believe the same statement (Lammy, 2016). Thus, choosing to focus on the

Under the Civil Law system, the laws are written and codified that the judges have to follow verbatium. Whereas, under the common law system that is followed by Australia, India and the United Kingdom, the laws are codified, doctrine of precedents is followed but the higher courts have the power to over-rule old judgements and existing law in cases where the law breaches the basic structure. (Peterson)

Common law is the system of laws, which originated and were developed in England, that are “based on court decisions, on the doctrines implicit in those decisions, and on customs and usages rather than on codified written laws” (Melvin, 2011). In other words, common law is law that is made by judges not by the legislature. It is law that is based on court precedent and it evolves over time. Statutory law, which is also referred to as statute law “is written law established by enactments

The most conspicuous difference between the two legal systems is the use of juries in the United States. Every defendant has the right to a jury trial, even in civil

Even though much of our legal philosophy inherited from Britain and French customs, new laws form, old laws change, and the common law and

The development of the criminal justice system in America was greatly influenced by English common law. However, there were some notable differences. In developing what would become the Constitution, the Founding Fathers were also influenced by the fractious relationship the colonies had had with the British sovereign and by Enlightenment philosophy of inalienable human rights. After America became a sovereign nation, it created a written constitution which specifically delineated the rights of all citizens in what came to be known as the Bill of Rights. The process of judicial review of American law was established with the U.S. Supreme Court case of Marbury v. Madison (History and organization of the federal judicial system, 2008, American.gov).

Human civilization marked the beginning of modern day legal systems. The advancements in societies resulted in maintaining certain rules and regulations to continue this progress. Every society has its own set of laws which are in some ways distinct from others. Many of these laws have common sections and underlying guidelines. This could be because some societies decide to retain certain aspects of their customs after breaking out of another society. It could also be the case that over time different societies through trade and other intercultural activities developed together, which caused them to have agreements in their laws. For many others, it is the case that they share a common colonial master. The law and legal systems operating today are derivatives of the forms listed above.

The dual court system of United States is clearly a product of the historical development. The historical development in the judicial aspects of court systems adopted by the thirteen colonies provides the basis of this distinctive and dual court system. The federal government and thus the federal courts handle the issues related to the national interests. On the other hand, state governments and eventually state courts are also responsible to cater to the issues at state level. However, one state is not allowed to get involved in the matters of others (James, 2009).

Question Number or Title: It has been consistently argued that the judiciary in England and Wales is not reflective of society. Critically consider the explanations for the lack of diversity within the judiciary and the extent to which government legislation and initiatives have tried to increase diversity within the judiciary?

One of the largest issues in developing a career in the legal profession is diversity as there is a perceived image of the legal sector being a traditionally “white, male, middle class” profession. Harold Patrick and Vincent Kuman argue, “the concept of diversity includes acceptance and respect. It means understanding that each individual is unique and recognizing our individual differences” . This essay will examine the social class, educational and gender barriers underrepresented groups face in developing a career in the legal profession. The effectiveness of measures taken to promote diversity in England and Wales will then be evaluated. This essay will go on to ultimately conclude that the legal profession in England and Wales has become increasingly diverse over the years, although a significant lack of diversity does still exist within the upper tier of the profession.

The modern American judicial system was founded upon the morals and ideals brought forth in the Age of Reason and aided in providing legal protection to defendants on trial. As a nation with such strong religious ties, the Age of Reason brought forth new ideas and beliefs about government and lawmaking. Judiciary historical blunders such as the Salem Witch Trials paved the pathway for reform and aided in the formation of a new nation based on a set of written laws, customs, and regulations. The trials at Salem was founded upon the basis of the English Common Law system and the principles of the Age of Reason, and therefore affected our American Constitution and governmental practices.

The rule of law is seen as being one of the most fundamental components of the UK constitution as well as being a principle that is concerned with restricting parliamentary action. Though the rule of law is seen to be a component in the constitution; the actual meaning of the rule of law has been very problematic to interpret. This is considerably down to the fact that it means different things to different people as since the nineteenth century, academics, politicians and judges have proposed diverse definitions and explanations in regards to the rule of law and the role it upholds in the UK constitution.

Nowadays every legal system wants to achieve justice. Different legal traditions in the world have given a different meaning of this concept by following one of the two legal systems: a civil law system and a common law system. The civil law system emerged from Roman law and throughout many centuries has been developed in continental Europe and often is called a “continental legal system”, achieving its prominence through development of aqui communitare in Europe. The common law system emerged in England during the Anglo-Saxon period and was developed by British colonies, reaching its peak in the United Kingdom and the United States of America.

In the English Law system, the effect of legislation remains statute in force until they are repealed. (R v Ducan, 1994). The application of legislation is ambiguous.