British Judicial System

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Presentation transcript:

British Judicial System By 李文婉 717

British Judicial System * England & Wales * Scotland * Northern Ireland Advantages Problems Law England & Wales The Courts Process

The Legal System In England & Wales —— Law * Criminal Law * Civil Law * Common law-----is based on custom and interpreted in court cases by judges. * Equity law -----consists of a body of historic rules and principles which are applied by the courts. * European Community law-----is confined mainly to economical and social matters.

The Legal System In England & Wales——The Courts * Criminal Courts Criminal Division Magistrates Court Crown Court House of Lords High Court Court of Appeal Tribunals County Courts Civil Division * Civil Courts

The Legal System In England & Wales—Process The system of precedent ——Lawyers and their clients can receive guidance as to the likely outcome of a legal issue by having regard to previous judgments. The adversarial system ——The success or failure of a case is determined by the persuasiveness of the parties' arguments, taking into account the evidence accepted by the Court. Jury Decide matter of fact Determine application of the law Judge · Sentencing

The Legal System in Scotland and Northern Ireland Scotland — are modeled both on Roman and English law. The Scottish Executive Justice Department is responsible for civil law and criminal justice, including police, prisons and courts administration. Northern Ireland —is similar to that of England and Wales. The Northern Ireland Office under the Secretary of State, has responsibility for policy and legislation concerning criminal law, the police and the penal system.

Advantages Open —The courts are open to the public Independent when a trial is going on. Independent — The courts are politically neutral. Equal access to justice —Legal Advice and Assistance

Problems No written constitution Out-dated Elitist domination ----tradition: wig & gown ----values Elitist domination — pro-Conservative Male domination Not reliable

Reference: http://www. Britannia.com http://www.cia.gov Contemporary British Culture and Society (Revised Edition)