The English legal system comprises of two different branches, barristers and solicitors.
Essay .a) 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 Temple, Grays Inn or Lincolns Inn. There are no significant differences between any of the Inns. The majority of barristers work in private practices and they work as individuals. Barristers aren't allowed to form formal partnerships and they usually work from sets of 'chambers' in which a number of barristers are supported by a clerk or clerks. Although barristers are individuals, within their chambers they operate under the 'cab-rank rule'. This means that the barristers must accept any case within their area of competence, providing a proper fee is offered. This rule ensures proper representation for everyone. The work of a barrister in a private practice is generally divided between the preparation of opinions, the drafting of pleadings and the presentation of cases in court and most barristers specialise either broadly, like in Common Law, Family or Chancery work or they specialise narrowly like in Criminal Law,
The role and appointment of judges.
Judges a) The judge in a criminal case is responsible for all matters of law, and for making sure that all the rules of procedure are properly applied. Before the criminal trial starts, the judge looks over the details of the case by reading the case papers. He/she may have been involved in pre trial matters such as whether to grant bail or not and the plea and directions hearing. At the start of the trial he/she supervises the selection and swearing in of the jury and explains to them what their role is. The judge is active during the trial, controlling the way the case is conducted according to the rules of evidence and procedure; he will make sure all parties involved are given the opportunity for their case to be presented and considered. As the case progresses the judge makes notes of the evidence and makes any necessary decisions on legal issues e.g. if the evidence is admissible; if not he/she will tell the jury to ignore that evidence. Once all evidence in the case has been heard, the judge makes his/her summing up to the jury. The judge sets out the law on each of the charges made and what the prosecution must prove if the jury are to find the defendant guilty on each charge. He/she will outline the strengths and weaknesses of the arguments for both prosecution and defence and remind the jury of the key points of the case. He will then answer any questions or
The task of the jury is to weigh up the evidence presented to them and decide on what is true. The judge will direct the jury on points of law but decisions of fact are for them alone to decide.
Assignment 2.12 The jury system was imported to Britain after the Norman Conquest, though its early functions were quite different from what it is today. The first jurors acted as witness providing information local matters and were mainly used for administrative business such as gathering information for the Doomsday Book. Later under Henry II, the jury began to take on an important judicial function, moving from reporting on events they knew about, to deliberating on evidence produced by the parties' involved in a dispute. Slowly it became accepted that a juror should know as little as possible about the facts of the case before the trial, and this the case today. A major change in the history of the Jury was the case of Bushell's case (1670). Before this, judges would try to bully juries into convicting the defendant particularly where the case had crime involved. But in this case it was established that the jury were the sole judges of fact, with the right to give a verdict according to their conscience, and could not be punished for taking a different view to the judges. The task of the jury is to weigh up the evidence presented to them and decide on what is true. The judge will direct the jury on points of law but decisions of fact are for them alone to decide. In a criminal case, the judge decides on the appropriate sentence; in a civil case the jury will decide what
Describe the qualification and selection of magistrates
Describe the qualification and selection of Magistrates (10 Marks) A Magistrate is a lay judge, with no legal qualifications, that sits in the Magistrates Court. They are part-time judges and work unpaid. To become a Magistrate the potential candidates must satisfy three requirements. The first requirement is that they must have the right personal qualities and be able to commit their time to being a Magistrate. There are six personal qualities that a Magistrate should possess. The first is that they should be of good character; this means that they should have good morals and principles, good personal integrity and be respectful. The second is that they should have good understanding and communication; this means that they should have good understanding of the law and the case as well as being able to communicate well within Court. The third is that they must have social awareness; this means that they must have an awareness of local knowledge and problems as well as an awareness of ethnic and cultural backgrounds. The fourth is that they must be of sound judgement, this means that they must be able to think logically and weigh up both sides of the argument as well as being open minded and being able to control prejudice. The fifth is that they must be mature and of sound temperament, this means that they must be fair, human and courteous as well as being professional in
Before 2005 there were three main problems with the appointment procedures which is the way in which judges are appointed. This was amended in the Constitution Reform Act 2005. This was amended in the constitution Reform Act 2005.
Before 2005 there were three main problems with the appointment procedures which is the way in which judges are appointed. This was amended in the Constitution Reform Act 2005. This was amended in the constitution Reform Act 2005. The first problem of the old system was, it was dominated by politicians. The Lord Chancellor and the Prime Minister were the main people in the appointment procedure but they were politicians who could be swayed by political factors in the selection of judges. The second problem of the old appointment system was, it was too secretive. The process was handled by a small group of civil servants who, although they discussed plenty with judges and senior barristers, nevertheless had a great deal of power. It was considered unfair because it favoured people who had good contacts. This can be because of the judge's family or the schools they attended which was not the right way of making the decision, they should be focusing on the individual's strength as a future judge. The last problem with the appointment procedure was, it was discriminatory. A 1997 study commissioned by the Association of Women Barristers is of interest. It found that there was a strong tendency for judges to recommend candidates from their own former chambers. The study looked at appointments to the High Court over a ten year period and found that of 104 judges appointed, 67.3
Reform Law
Critically analyze present law on non-fatal offences. The first observation that can be made about non-fatal offences is that they are not completely codified. The separate offences of assault and battery remain common law offences, although their separate nature was confirmed in the Criminal Justice Act 1988, s.39. But the more serious offences - assault occasioning actual bodily harm (ABH), wounding and inflicting grievous bodily harm (GBH), and causing GBH with intent - are considered in the Offences Against the Person Act 1861. The 1861 Act, even at the time of its passing into law, was rightly described as 'a rag-bag of offences' by its own draftsman, and it is now over 140 years old, the criticisms are even more acute. The language used to describe the various sections is now archaic: grievous bodily harm, which simply means serious harm; and assault occasioning actual bodily harm, which most commonly means some kind of battery that causes real harm to a victim. The definition given to 'wounding' in C (a minor) v Eisenhower is far too wide - any breach in the outer and inner layers of the skin. This could cover any minor cut or even a graze. An interesting comparison can be made here with regard to the Theft Act 1968, which was intended to codify the entire law of theft. Within 10 years a further Theft Act had to be passed, and there have been further significant
Human Factor
Task : With reference to the dirty dozen, describe the different types of human limitations that can affect human performance (P3) Stress is one of the limitations which can reduce human performance because when an engineer do a long shift he will get very stress and at that time the engineer tent to make mistakes for example forgetting to put a nut back. And Memory limitations is one of the human limitation which can cause engineer to forget thing for example living a tool on the aircraft wing this mistake frequently happens because these information will be saved in short term memory which can only last for few seconds. Poor communication can reduce human performance as well because when a team of engineers work to gather and they don't communicate each other properly the outcome of the work would be very bad or even dangerous because they may think the other person did this job so I don't need to do it and ignoring it. And if they can't communicate properly they may not understand the work properly and they may do something differently to the set task. Lack of resources is one of the things which can limit human performance because human can't do some work without the right tool and most of the time humans truest there tool to do the job for example putting a right force on a screw and if they don't have the right resources they can't perform normally. Humans tend to
FORENSICS ON TRIAL
FORENSICS ON TRIAL Forensic science often called forensics is an application of a wide spectrum of science used to answer any interesting legal questions. This could be linked with a crime or civil action. The word forensics is from a Latin adjective "forensic" which means the forum. Nowadays, the term forensics is in place of forensic science and can be considered incorrect because is a synonym for legal or related to courts. HISTORY OF FORENSICS SCIENCE The "Eureka" legend of Archimedes (287-212 BC) can be considered an early account of the use of forensic science. He ensured that a crown was not fully made of gold. He did this by measuring its displacement and weight as he was not allowed to damage the crown. The first use of fingerprint was in the 7th century. In the sixteenth century Europe, French army surgeon Ambroise Pere' systematically studied the effects of violent death on internal organs. Two Italian surgeons Fortunato Fidelis and Paolo Zacchia laid the foundation of modern pathology by studying changes which happened in the body structure as a result of the disease. In 1775, Carl Wilhelm a Swedish chemist made an equipment to detect arsenous oxide in corpses in only large quantities. This investigation was extended in 1806 by a German chemist called Valentin Ross who studied how to figure out poison in walls of a victim's stomach. James Marsh an English
Qualifying either as a Barrister or a Solicitor Exam
Qualifying either as a Barrister or a Solicitor Exam a). The organisation responsible for the training and discipline of barristers is called the Bar Council. For someone currently studying for A Levels, can qualify as a Barrister via one of the following routes: Route number 1 to becoming a barrister; . Law Degree. 2. Bar Vocational Course. This is a one-year course organised and monitored by the Bar Council, focusing on skills needed when the law student becomes a barrister. 3. Pupils join one of the four Inns of Court in London. This is an opportunity to meet, socialise with and make connections with more experienced barristers. 4. The student is then called to the Bar, which means they are qualified as a barrister. 5. Before they can appear in court, however, they must find a place to become a pupil to an experienced barrister. This involves two separate sixth-month periods and is called pupillage. Normally for the first six months the pupil barrister shadows a barrister and during the next six months may represent clients in court. Route number 2 in becoming a barrister; . Student has a degree in a subject other than law. 2. Common Professional Examination: this is a one-year conversion. 3. Steps 2-5 of route number 1. The financial realities of a barrister's life can cause problems. Many students leave undergraduate degree courses with considerable debt.
Explain the role of the ECJ.
Explain the role of the ECJ. The European Court of Justice is needed to apply and police the rules of the European Union. The ECJ protects its members interests by enforcing EU law, however the ECJ cannot use EU law to expand the EU's powers; it has to abide to strict rules, or judgements based on the treaty commitments and laws that member states agree to. Even if the constitutional treaty is ratified, this will still be the case. Article 220 of the EC Treaty provides that the role of the ECJ is 'to ensure that, in the interpretation and application of the Treaty, the law is observed.' It makes sure that EU legislation is interpreted and applied in the same way in all EU countries, so that the law is equal for everyone. It ensures, for example, that national courts do not give different rulings on the same issue. The Court has the power to settle legal disputes between EU Member States, EU institutions, businesses and individuals. An example of this is in the case Factortane, where Spanish fishermen were fishing in British waters. British fishermen were unhappy with this, and complained to parliament. In response Parliament introduced the Merchant shipping act 1998, this imposed conditions on the ability of the Spanish fleet to fish on UK waters. A certain percentage of the crew had to be British, along with the boat having to be registered as a company in the UK. This
