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University Degree: English Legal System
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The debate of whether there is the continued need for separation of the professions of a barrister and solicitor is one that is open to discussion.
Advocate means that they support, give advice and help their client's to be heard in court. Before the introduction of the CSLA '90 lawyers weren't allowed to form partnerships with associates of other professions but the CSLA '90 now allows them to do so. The role of the barrister is to advocate. Fully qualified barristers have the ability to advocate in higher courts such as House of Lords, Court of Appeal, High Court and Crown Court. Barristers use their time writing their opinions on cases.
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"At the end of the day, the function of the Magistrates court is not to provide due process or crime control, but to exert power. Discuss
Due process revels on the legal laurel of 'innocent until proven guilty', a fundamental characteristic of our legal system, as ultimately if concern for justice and fairness become extinct, then a defendant who is not provided with the necessary protection and resources, then the defendant could be overwhelmed by the process and the proportion of miscarriages of justice could arise.. Packer's conservative ideology came to be known as the crime control method. Such a notion revolves around the premonition that the fundamental wealth of the criminal justice system is the repression of crime through aggressively enforced laws, coupled with harsh punishment.
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Explain the relationship between the common law (judge made law), and the following historical sources of law, custom, equity and books of authority. Determine, through the use of judicial comment, academic comment and case law, whether such historical so
King William I had faced wide gaps in the legal structure of the state - no common laws throughout the country, no place where they could be made, and no system to govern them. He established a court called Curia Regis and a strong centralized government in Westminster that had no parallel in Europe until then. Members of the crown court, called itinerant judges, went throughout the whole state to gain information about the local governance and practiced customs. Those that were common in all regions were adopted in the so called common law based on the common needs.
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There is nothing in any way novel in according supremacy to the rules of Community law in those areas to which they apply (Lord Bridge of Harwich in Factortame (No 2)) In what ways (if at all) can Parliamentary supremacy be reconciled with
The increased prominence of international law has led to the compromise of parliamentary sovereignty in favour of respecting the UK's obligations to the EU under the European Communities Act 1972 and the Human Rights Act 1998. Parliamentary Supremacy originated as a result of an increased will to diminish the power of the monarch in favour of respecting the general will of the people. Historically, any Act needed parliamentary and monarchical approval before being passed; whilst this is still in place today, it is clear that parliament take a much larger role in the proceeding s than the Queen.
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Considering Lord Bridges statement and other relevant case law discuss whether lower courts should be bound by an erroneous decision of the supreme court until the latter has had the opportunity to correct the mistake when a similar case returns to it.
A solicitor deals with a lot of paperwork, for example, drawing up wills and contracts as well as giving legal advice to clients. Solicitors have conventionally been able to do advocacy work in the magistrates court and the county court but not generally in the higher courts. This position was altered by the Courts and Legal Services Act 1990 and the Access to Justice Act 1999, enabling equalising rights of audience between both types of lawyers. Following the completion of a law degree or conversion course, a bar vocational course is required to initiate the path of becoming a barrister, followed by a pupillage (a barristers equivalent of a training contract).
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The common law is a body of general rules prescribing social conduct. It applies throughout the realm whether a recognized local custom or liberty is recognized by the royal courts. The general rules of common law are enforced ands applied by the royal courts. The common law develops it's principles from grounds of decisions in actual legal controversies. The common law is marked by its extensive use of the jury to provide the court with facts necessary for the decision of the case.
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A higher court is not bound to follow previous decisions, although may consider it. Common Law is law that has been made by judges through the decisions they have made in cases they have heard. There are two types of common law, substantive law which is a rule about behaviour, for example that a person cannot commit murder, and procedural rules, which govern how things are done, for example the way evidence should be submitted to court. European Union Law is law that is made by the European Union.
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Explain how the doctrine of precedents operates through the hierarchy of courts within the English legal system. How do judges avoid the strict operation of precedent? Discuss the merits and criticism of the operation of precedent.
The above is referred to as stare decisis. Lower courts consider what part of a binding case can be characterized as the principle giving rise to the conclusion of the higher court in the leading case, otherwise referred to as the ratio decidendi (the ratio). A lower court also considers other statements of law made in the precedent which does not fall within the ratio but may affect future cases, otherwise referred to as Obiter dicta (obita). (Elliot & Quinn, (2009)
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Section 3 of the Prosecution of Offences Act 1985 gives the CPS the power to institute criminal proceedings.1 The three main categories that criminal offences may fall into are: - Summary only offences- these can only be tried in magistrates court - Indictable only offences- can only be tried on indictment in Crown court - Either way offences- may be tried in either magistrates' court or crown court.2 There are also three types of bail that can be given: - Police bail- granted to someone who has been arrested, allowing the police to carry out further investigation, before making their final decision.
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To determine whether the article has created as substantial risk or serious prejudice, the circumstances surrounding the publication and the proceedings in question will have to be considered by the courts. Within the given scenario, Billy has been charged and is awaiting trial. This shows proceedings are active. Whether the publication creates a substantial risk, the court will consider the likelihood of the article coming to the attention. The editor of Grayton Gazette has said that Billy "Is a man that uses the slightest excuse for a fight", "He looks for and causes trouble", this could prejudice the views of jurors who read these articles.
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The separate institutions that form Parliament are also reflected in the draft Constitution. Parliament is also known as the Legislature. Function of all legislatures is the making of law. However they also have tasks such as supervision of administration, ratification of treaties, impeachment of executive and judicial officials, appropriation of funds, acceptance or refusal of executive nominations. There are rules of how Parliament does it's business, which have established over centuries. Some are written down and are called "Standing Orders".
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Let's critically consider Judicial Precedent and how that amounts to judges making the law or just merely applying it. Case law comes from the decision made by judges in the cases they try, the decision is known as the judgement. The legal principle on which judges base their decision on is the ratio decidendi, Latin for the 'reason for the deciding'. That part of the judgement is binding precedent and must be followed in cases with similar facts. When judges reach a decision they may have to refer to the obiter dicta 'things said by the way' though not binding can still be used as persuasive precedent The House of Lords is the most senior court in the UK, and it binds all UK courts.
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It is essential to review what impact this act has had on the approach used by the courts and to its reference to policing powers employed. The contention surrounding demonstrations is the damage and violent element which can occur. As seen by the recent anti-capitalist movements. Rather than ban protests altogether the courts have always affirmed that peaceful assembly is a fundament right, stated by Lord Denning in Hubbard v. Pitt  QB 142 "...the right to assembly. So also is the right to meet together, to go in procession, to demonstrate, and to protest...As long as it is done
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Judges ought to remember, that their office is jus dicere, and not jus dare; to interpret law, and not to make law, or give law.To what extent does Bacons view of the role of a common law judge hold true today? Do you agree with his statemen
Instead of the king, the parliament, the body which is voted by the people, is to make laws. The king is no longer the center of power but the prime minister (or the president), who him/herself is voted by the people. Both parliament and government are accountable to the people. Therefore, there are greater checks and balances for each institution to monitor one another (if there is no corruption). The role of each power also became more distinctive than the past. Hence, Bacon's view of the role of a common law judge is not to be judicial activist.
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In the case of Blake v DPP (1993) a vicar was charged for writing a biblical quotation on a wall outside the Houses of Parliament. In his defence he argued that he was carrying out the instructions of God, and that he believed that ''God to be the person to entitled to give consent to the destruction of the property.'' Blake was protesting against the use of allies in the Gulf war, he believed that God had instructed him to carry out such an offence and that he had lawful excuse for what he had done under s.
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In 1873, Common law was based on law which contains money damages, recognition of legal owner, whereas equity consists of trust of property and injunctions (orders to do or stop doing something). Basic principles of Common law lay on case law and customs. Many Disputes and punishments will be acquired by written cases in Common Law System, whereas in Civil law, there are certain articles which apply to such acquisitions. With regard to historical issues, a long time ago society was represented as one unit.
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It was not just Britain's own money that it had invested in the war effort. Throughout the war it had built up vast debts, another reason for Britain's economic problems. Britain did not have sufficient wealth to fight a war, and had therefore engaged in the Lend lease scheme in 1941, through which the USA had supported the war effort with materials. The end of the scheme left Britain in need of money, as even after the war its military costs were still high.
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This is the meaning of the Statutory Interpretation. Lawyers have classified the basic means of reading documents under four headings. These are: the Literal Rule, the Golden Rule, the Purposive Rule and the Mischief Rule. These rules are there, for the judiciary to use in legal arguments. How can they use it properly? In the case of Oliver Ashworth v. Ballard1, Laws LJ explained the reality of the rules. It is now misleading, and perhaps it always was. They had sought difference between literal and purposive approaches, but certainly there will be no oppositions.
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They either sit alone or with a jury of 12 in cases such as personal injury. Higher classes of cases such as property disputes are heard by designated judges however most judges hear all kinds of civil claims. Claims of decisions made in the Outer House can be appealed to the Inner House. The Inner House This part of the 2 part system making up Court of Session in Scotland mainly deals with appeals from the Outer House, the Sheriff Court, the Court of the Lord Lyon and the Lands Tribunal for Scotland.
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(Ronald and Stephen 2001) To top up, BBC news telecasted a crime report about crime in England and Wales which stated that 35% of gun crime has been increased in one year; it was clear in the news that crimes involving firearms in 2001 were 7,382 which escalated to 9,974 in the year of 2002. Furthermore, the report showed the circumstances of both countries that are facing an average of 27 offences involving firearms every day (BBC, 2003), Guns are also used for bank robberies; for example, a report by Federal Bureau of Investigation assured that 6,154 banks were robbed in the year of 2006 and around 3,747 guns were used by robbers causing 179 injuries and 13 deaths.
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Firstly Barristers are also stated as "Counsels" and the opinion may be shared that they are "specialist advocates". Barristers are entitled to higher rights of audience in all courts in the United Kingdom and are self employed. Once a barrister has completed the Bar Vocational Course, they become a member of one of the four inns of court. Once this is established the potential barrister has to complete a pupil age to become fully qualified. If this is successful, the individual can be seen as a qualified barrister and is then self employed in where they hire chambers and becomes subjective to the "cab rank rule", where barristers can't choose and pick their clients and are bound by their code of conduct due to "A self-employed barrister...
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Once considered to be mainstays of the British constitution, the Lord Chancellor, the Attorney-General and the Law Lords could now be considered to be constitutional anomalies(TM). Discuss whether the impact of the Human Rights Act 1
Therefore, he was going against the doctrine of the separation of powers. The doctrine says that not one person should be involved in more than one of the three powers, legislative, executive and the judiciary, as this would be unconstitutional. Before the Constitutional Reform Act 2005 was brought into force the Lord Chancellor had at least one position in legislative, executive and judiciary. In the legislative he was a speaker in the House of Lords, there he was able to take part in debates on new laws, introduce bills on matters connected with justice in the House of Lords.
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Consider the case of Fisher v Bell (1960). A shopkeeper had on display in his shop window a set of pocket knives. This was, on the face of it contrary to the Restriction of Offensive Weapons Act (1959), which proscribed the sale of flick knives, similar to what was on display. However the defendant argued that a window display was to be regarded as an invitation to treat, rather than an offer to sell (Riches and Keenan, 2005). Since this is an important facet of English contract law, the courts found for the defendant, and the legislature changed the law the next year to account for this.
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It can also be used when the parties disagree significantly about the value of their cases. The mini trial is an alternative dispute resolution procedure that is used to resolve legal issues without incurring expenses that are associated with court litigation. Both parties agree to conduct a trial before a chosen expert, who will give a legally binding decision. The parties sign an agreement, then each side chooses a representative, this representative has the authority to negotiate a settlement. The key point is that the representative is fully informed as to the advantages of their case and that of the opposing parties; therefore be better prepared to successfully engage in settlement discussions.
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for damages for breach of confidence and compensation under the Data Protection Act 1998 alleging wrongful publication of private information by the respondent namely being MGN Ltd. The judge awarded modest damages on the basis that MGN Limited must have known that the information about Naomi Campbell's attendance at NA was confidential and that there was no overriding public interest in publication. The Court of Appeal reversed that decision, holding that, provided that publication of particular confidential information was justifiable in the public interest, the journalist had to be given reasonable latitude as to the manner in which the information was conveyed.
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