English Legal System Essay

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    The term ‘common law’ is the name given to legal systems who embrace the English legal system. Originally, it was created as a case law, judge made centered system. It set out to focus on legal principles, which were created by judicial verdict. However, over time the body of the legal principles matured from the courts, as now, when a judge handles a case, they have to set out to establish what the facts are proceeding the case, and how to determine how the law applies to those facts. When making

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    The English Legal System The English legal system comprises of two different branches, barristers and solicitors. In the UK at the moment there are around 9,000 barristers and they are known collectively as the 'Bar'. The governing body for barristers is the Bar Council, which acts as a kind of trade union, safe guarding the interests of barristers and regulating barristers training and activities. All barristers belong to one of the 4 Inns - Inner Temple, Middle

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    1. Australia’s legal system is based on the English legal system.” To what extent is this statement correct? Discuss. Understanding of law: Law can be defined as a system of rules and regulations that are enforced through social institution to govern the country which can be made by legislatures by legislation, executives or judges through binding precedent. The law can be regarded as a constitution enforced that shapes politics, economics and society in various ways . Every country has different

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    English Legal System: Characteristics and Sources Task Critically assess the different sources and characteristics of the English Legal System. To what extents have external influences affected its development. Introduction The United Kingdom (UK) is one of the longest living monarchies in Europe and has the longest Parliament. In legislative terms, the UK is a non-federal state that is composed of three countries (England, Scotland and Northern Ireland) and one principality

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    to achieve an overview of the central institutions and processes of the English legal system and to illustrate the legal reasoning and interpretation of law through a range of statutes applicable to ‘property’ and ‘non property’ matters; and by explaining how common law is used in conjunction with statute within the english legal system. CONTENTS 1.HISTORY OF THE ENGLISH LEGAL SYSTEM 2.COURTS IN THE ENGLISH LEGAL SYSTEM 3.COMMON LAW 4.STATUTE LAW 5.HOW COMMON LAW WORKS IN CONJUNCTION WITH

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    the current one in the court hierarchy. This doctrine of precedent is extremely strong in English law as it ensures fairness and consistency and it highlights the importance of case law in our legal system. Black's Law Dictionary defines "precedent" as a "rule of law established for the first time by a court for a particular type of case and thereafter referred to in deciding similar cases." For this system to operate

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    will be discussing the jury system and whether it should be abolished from the English Legal System. The jury system is viewed as one of the most fundamental parts of the English Legal System, however in practice it is only in a minority of cases. There are various reasons to keep and abolish the jury system, some of which will be discussed within this essay. The jury system has been in existence for nearly 800 years, thus is a crucial part of the English Legal System. It was introduced when William

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    of England during the period of 1154-1189. Base on the established law institution, he created the new system of sending royal justices called eyres to every town in England to judge those committed the crime and resolve conflicts. During the visitation, the justices listened to the disputes between individuals and made the decisions based on the similar law cases occurred in the past. This system of judgement was called common law. King also used a tax called scutage collected from the knights and

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    English legal system course work ID 1414686 My visit on the 15/12/14 at the Croydon magistrate court was to observe the court proceedings and how the civil and criminal justices system operates in England and wales. Also how magistrates and judges decides cases and why they arrived at certain decision. I arrived earlier in court pass the security checks and went in the court office and explain my purposed of visit. I attended court number eleven which was very busy with cases that day.

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    in the English Legal System The theory behind modern day trial by jury can be traced back some eight hundred years, to the sixty-three clauses of the Magna Carta (1215). One of these clauses reads; “ No free man shall be arrested, or imprisoned, or deprived of his property, or outlawed, or exiled, or in any way destroyed, nor shall we go against him or send him against, unless by legal judgement

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    One of the main differences between criminal cases and civil cases is that they are held in different courts, this is because there is a significant distinction between a civil wrong and a criminal wrong. Crimes are considered to be a type of wrongdoing, however civil wrongs tend to have only an impact on the parties involved in the case. For example: a breach of contract. Where as criminal wrongs tend to have an impact on society itself. For example: a murder, theft or rape

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    The Impact of Formalising Plea Bargaining on Justice and Equality in the English Legal System Before discussing plea bargaining it is perhaps paramount to define what is meant by the expression. Plea bargaining refers to ‘the exchange of a guilty plea for a reduced charge or some hope of a reduced sentence.’[1] In other words it is an agreement between the prosecution and the defence by which the accused changes his plea from not guilty to guilty in return for an offer

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    last absolute monarch of England was King John. He signed Magna Carta the Charter that gave certain liberties to people and more importantly preserved that the Monarch's will is not tyrannical. Magna Carta was and still is the foundation of the law systems of many countries including UK USA Canada Australia and other countries. King James I 1603-25 of England was the last absolute Monarch in British

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    inquisitorial trial systems are the two most widely used in the world, both operating in similar but different ways. The adversarial system is a system based on the notion of two adversaries battling in an arena before an impartial third party, with the emphasis on winning. There are five main elements of the adversarial system; the role of the judge, the role of the parties, the role of legal representation, burden and standard of proof and the rules of evidence of procedure. The inquisitorial system is a method

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    Plain English Movement

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    analysis on Plain English Movement Writing, generally speaking, ought to be an instrument for conveying ideas from one mind to an-other efficiently. Conventional legal composition, on the contrary, appears to be overwhelmingly complicated to the public. Occurring and then prevailing since the 1970s, the well-known Plain English Movement (we mainly cope with the movement in the USA) seems to have offered a commonly-welcomed solution to this problem. However, disputes still remain in the legal academia in

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    The legal system of Bangladesh has been changed increasingly as a nation for over so many years. before the British period this part was administrated by the Mughal emperors. The Mughal emperors were successful rulers for over centuries. Before the Mughal period this part of Asia (India, Pakistan, Bangladesh) were under the power of Turko Afghan rulers since from the thirteen centuries. During the Mughal period this part was known as eastern part of Subha Bangla and when the British came they named

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    Sharia Law Essay

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    that comes under Sharia law and the punishments given for each for them. The analysis will be determining and exploring the differences of Sharia law and English law. The discussion will be based on the possible idea of implementing areas of Sharia law to the English legal system, and the problems that this will cause in the English legal system in reflection to the Human Rights Act 1998. Sources of Sharia law: The rules and regulations of Sharia law stems from one source, which is the Qur’an.

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    mentioned laws with a further addition of socialist law and tribal law such as Algeria; others, such as Hong Kong, that combine traditional Chinese law and socialist Chinese law, which itself embodies elements of the civilian tradition and so on. Other systems which have shifted from the socialist sphere to the more civilian tradition, such as Poland,

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    LAW 2013 GROUP 6 – CLC35 1/1/2013 Role of Comparative Law to legal interpretation and application Role of Comparative Law to legal interpretation and application Table of Contents I. Definition: legal interpretation and application 2 I.1 Legal Interpretation 2 I.2 Legal Application 3 II. Role of Comparative Law to legal interpretation and application 4 II.1 Role of Comparative Law to legal interpretation and application of law as the result of the harmonization and

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    Criminal Law Concepts

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    follow one of two major legal traditions; Common law tradition or civil law tradition. The Common law is a body of law bases on custom and general principles embodied in case law which serve as precedent and is applied to situations not covered by statute. The common law traditions emerged in England during the middle ages and was applied within the British colonies across continents. The law of the United States is largely derived from the common law system of English law,

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