Unit 1 - An Introduction to the English Legal System

Unit 1 - An Introduction to the English Legal System.

Introduction. The focus of this unit is about the people and procedures involved in the operation of the English legal system. This unit aims to inform learners about the functions, structure and purpose of the civil and criminal Courts, along with understanding of the personnel involved in the administration of justice. Learners will gain knowledge of how laws are created and influences on the development of law. The unit will also provide learners with information on various methods of alternative dispute resolution..

Lesson Objectives. In this lesson you will be covering the following key lesson objectives: Court Hierarchy in England and Wales Case Law : England and Wales The process of creating and developing legislation in England and Wales Judges that sit in each court within the hierarchy in England and wales Solicitor Barrister Solicitor Vs Barrister Ethical Responsibilities of the Legal Profession Jury System in England and Wales Accessing civil justice in England and Wales Alternative Dispute Resolution Restorative Justice.

Learning Outcome: 1. In this lesson you will be covering the following learning outcomes: 1. Understand how laws are created in England and Wales. 1.1 Explain the court hierarchy. 1.2 Describe the nature and purpose of criminal and civil courts. 1.3 Describe how case law is created and developed. 1.4 Explain how legislation is created and developed..

Court Hierarchy in England and Wales. The court hierarchy in England and Wales is structured in a tiered system, with each level having specific functions and jurisdictions..

Court Hierarchy in England and Wales. Supreme Court Highest Authority: Hears cases of paramount public or constitutional significance. Decisions are binding on all other courts. Court of Appeal Dual Divisions: Civil Division and Criminal Division. Hears appeals from lower courts and tribunals. Decisions set precedent for lower courts..

High Court Three Distinct Divisions: Queen's Bench Division (diverse cases). Chancery Division (business disputes and equity). Family Division (family-related issues). Original and Appellate Jurisdiction: Hears both original cases and appeals. Crown Court Serious Criminal Matters: Deals with serious criminal cases. Conducts trials for indictable offenses. Hears appeals from magistrates' courts..

High Court Three Distinct Divisions: Queen's Bench Division (diverse cases). Chancery Division (business disputes and equity). Family Division (family-related issues). Original and Appellate Jurisdiction: Hears both original cases and appeals. Crown Court Serious Criminal Matters: Deals with serious criminal cases. Conducts trials for indictable offenses. Hears appeals from magistrates' courts..

Coroner's Courts Investigating Deaths: Determines the cause of sudden, unnatural, or unknown deaths. Tribunals Specialized Areas: Handles specific areas of law (employment, immigration, social security)..

Criminal Courts in England and Wales. Criminal courts in England and Wales are legal institutions tasked with adjudicating cases involving criminal offenses. These offenses range from minor infractions to serious crimes. The nature of criminal courts is punitive, aiming to mete out justice by determining guilt or innocence and, if necessary, imposing penalties on those found guilty.

Court Hierarchy in England and Wales. Adjudication of Guilt: Criminal courts determine whether an accused individual is guilty of committing a criminal offense based on the evidence presented during a trial. Punishment and Rehabilitation: The primary purpose is to impose penalties on those found guilty, which may include fines, imprisonment, community service, or rehabilitation programs. Protecting Society: Criminal courts work to protect society by removing individuals who pose a threat and deterring others from engaging in criminal activities. Upholding the Rule of Law: They play a crucial role in upholding the rule of law, ensuring that individuals are held accountable for their actions within the legal framework..

Civil Courts in England and Wales. Civil courts deal with disputes between individuals or entities where one party claims harm or loss resulting from the actions of another. The nature of civil courts is remedial, seeking to provide a resolution or remedy for the aggrieved party rather than punishing wrongdoing..

Civil Courts in England and Wales. Resolution of Disputes: Civil courts aim to resolve disputes between parties, whether they involve contractual matters, property disputes, or personal injury claims. Compensation and Restitution: One of the primary purposes is to award compensation or restitution to the injured party, aiming to restore them to the position they would have been in had the wrongful act not occurred. Interpretation and Application of Law: Civil courts interpret and apply the law to specific factual situations, setting legal precedents for future cases. Enforcement of Rights: They play a crucial role in enforcing legal rights, ensuring that individuals and entities adhere to their legal obligations..

Aspect Criminal Law Civil Law Purpose and Nature Deals with offenses against the state or society. The goal is to punish offenders. Concerned with disputes between individuals or entities. Aims to provide remedies to the aggrieved party. Initiation of Proceedings Initiated by law enforcement agencies on behalf of the state. Prosecution represents the state. Initiated by private individuals or entities (plaintiffs) who seek redress for harm suffered. Burden of Proof The prosecution must prove guilt beyond a reasonable doubt. The plaintiff must establish the case on the balance of probabilities (more likely than not). Outcome Guilty or not guilty verdict; potential criminal penalties such as imprisonment or fines. Liability or non-liability verdict; remedies may include compensation, injunctions, or specific performance. Parties Involved Defendant is the accused individual or entity; the state is the prosecutor. Plaintiff (claimant) brings the case against the defendant; no state involvement as a party. Resolution Process Adversarial system with a trial, legal representation, and cross-examination. Adversarial or inquisitorial system; resolution through negotiation, mediation, or trial. Types of Cases Covers crimes like murder, theft, assault, etc. Includes contract disputes, personal injury claims, property disputes, etc. Punishment Focuses on punishment and deterrence. Aims to compensate the aggrieved party and restore them to their pre-harm state. Legal Representation Legal representation is provided for the accused (defendant). Both parties may have legal representation, but it's not a requirement. Example Legislation Theft Act 1968, Criminal Damage Act 1971. Law of Contract, Law of Tort, etc..

Case Law : England and Wales. The creation and development of case law in England and Wales are primarily influenced by the doctrine of judicial precedent, which is grounded in the principle of stare decisis, meaning "to stand by things decided.“ Stare Decisis and Judicial Precedent: Definition: Stare decisis is a legal principle that requires judges to follow the decisions of higher courts and their own past decisions when deciding similar cases. Hierarchy of Precedents: The legal system in England and Wales has a hierarchical structure, with decisions from higher courts serving as binding precedent for lower courts..

The creation and development of case law in England and Wales are primarily influenced by the doctrine of judicial precedent, which is grounded in the principle of stare decisis, meaning "to stand by things decided.“ Hierarchy of Courts: Supreme Court: The decisions of the Supreme Court are binding on all other courts. It is the highest court in the UK. Court of Appeal: The Court of Appeal decisions are binding on lower courts, and it is divided into the Civil Division and the Criminal Division. High Court: The High Court, comprising the Queen's Bench Division, Chancery Division, and Family Division, also creates binding precedent for lower courts..

Ratio Decidendi and Obiter Dicta: Ratio Decidendi: This Latin term refers to the legal reasoning or principle forming the basis of a court's decision. It is the part of the judgment that creates binding precedent. Obiter Dicta: These are incidental remarks or observations made by the judge that are not central to the decision and do not create binding precedent..

Types of Precedent: Binding Precedent: Decisions from higher courts are binding on lower courts in similar cases. Persuasive Precedent: Decisions from other jurisdictions or lower courts are not binding but may be considered persuasive in the absence of a directly applicable binding precedent..

Overruling and Reversing Precedent: Overruling: Higher courts have the authority to overrule their own previous decisions or decisions from lower courts when they believe the precedent is incorrect or has become outdated. Reversing: Higher courts can reverse decisions on appeal, effectively changing the precedent set by a lower court..

Incremental Development: Nature: Case law often develops incrementally, with each decision contributing to the evolution of legal principles. Clarification and Refinement: Subsequent cases may clarify or refine the legal principles established in earlier decisions..

Role of Statutory Interpretation: Courts contribute to case law through the interpretation of statutes. The application and interpretation of legislation in specific cases can create precedent. Legal Commentary and Academic Influence: Legal scholars and academic writings can influence the development of case law. While not binding, academic commentary may be considered by judges in shaping legal principles.

Stare Decisis and Judicial Precedent: Definition: Stare decisis is a legal principle that requires judges to follow the decisions of higher courts and their own past decisions when deciding similar cases. Hierarchy of Precedents: The legal system in England and Wales has a hierarchical structure, with decisions from higher courts serving as binding precedent for lower courts..

The Process of Creating and Developing Legislation in England and Wales.

First Reading: The proposed legislation is introduced in either the House of Commons or the House of Lords. This is known as the first reading, and it is a formality where the title of the bill is read out. Second Reading: Members of the Parliament (MPs) or Lords debate the general principles of the proposed legislation during the second reading. A vote is taken at the end of the debate to determine whether the bill should proceed to the next stage..

Committee Stage: The bill is examined in detail by a committee of MPs or Lords. Amendments can be proposed and debated during this stage. In the House of Commons, this is often done by a Public Bill Committee, while in the House of Lords, it is typically done by the Committee of the Whole House or the Grand Committee..

Report Stage: The committee reports back to the full House, and further amendments may be considered during the report stage. Members scrutinize the bill and debate any proposed changes. Third Reading: The final version of the bill, including any amendments, is debated during the third reading. Members discuss the bill as a whole, and a final vote is taken..

House of Lords (if applicable): If the bill started in the House of Commons, it is then sent to the House of Lords for consideration, and vice versa. The bill goes through similar stages in the second house: first reading, second reading, committee stage, report stage, and third reading..

Consideration of Amendments: If the second house makes amendments to the bill, it is sent back to the first house for consideration. This process, known as "ping-pong," may continue until both houses agree on the final text..

Royal Assent: Once both houses agree on the final version, the bill is sent to the monarch for Royal Assent. The monarch's approval is a formality, and once granted, the bill becomes law and is known as an Act of Parliament. Commencement: The provisions of the Act may come into force immediately or on a specified date. Some Acts may have different commencement dates for different sections..

The Law Commission plays a crucial role in the development and reform of laws in several jurisdictions, including the United Kingdom. The specific functions and impact of a Law Commission can vary between countries, but generally, their primary role is to review, recommend, and reform existing laws.

Law Reform: The primary function of the Law Commission is to identify areas of law that require reform and improvement. This involves reviewing existing statutes, common law principles, and legal practices to ensure that they are clear, modern, and effective. Research and Consultation: The Law Commission conducts in-depth research into specific areas of law, seeking to understand their strengths, weaknesses, and areas for improvement. This often involves extensive consultation with legal experts, practitioners, academics, and the public to gather diverse perspectives. Recommendations: Based on their research and consultations, the Law Commission formulates recommendations for legal reforms. These recommendations may include proposed changes to existing laws, the introduction of new laws, or the abolition of outdated and unnecessary legislation..

Drafting Legislation: In some cases, the Law Commission is involved in drafting legislation to implement its recommendations. This can involve the creation of new statutes or the modification of existing ones. The goal is to ensure that the legal framework is clear, coherent, and meets the needs of contemporary society. Promoting Simplification: The Law Commission often works to simplify and consolidate complex areas of law. This can involve codifying laws, removing inconsistencies, and making legal language more accessible to the general public. Advisory Role: The Law Commission may serve in an advisory capacity to government bodies, providing expert guidance on legal matters. Government departments and policymakers may seek the Commission's input when considering changes to the law..

Educational Initiatives: Law Commissions may engage in educational activities to promote a better understanding of legal issues among the public, legal professionals, and policymakers. Periodic Reviews: Law Commissions often engage in periodic reviews of various areas of law to ensure that legal frameworks remain relevant and effective in the face of societal, technological, and economic changes..

Learning Outcome: 2. In this lesson you will be covering the following learning outcomes: 2. Understand the role of the legal profession. 2.1 Identify the judges that sit in each court within the hierarchy. 2.2 Explain the difference between the role of a solicitor and a barrister within the English legal system. 2.3 Describe the ethical responsibilities of the legal profession. 2.4 Analyse the role of the jury system..

Judges that Sit in Each Court within the Hierarchy in England and Wales.

Judges that Sit in Each Court within the Hierarchy in England and Wales.

Judges that Sit in Each Court within the Hierarchy in England and Wales.

Judges that Sit in Each Court within the Hierarchy in England and Wales.

Judges that Sit in Each Court within the Hierarchy in England and Wales.

Judges that Sit in Each Court within the Hierarchy in England and Wales.

Judges that Sit in Each Court within the Hierarchy in England and Wales.

Judges that Sit in Each Court within the Hierarchy in England and Wales.

Solicitor. Client Representation: Case Preparation: Court Advocacy: Negotiation Skills: Qualifications: Solicitors primarily work directly with clients. They provide legal advice, handle legal transactions, and often have direct contact with clients. Solicitors are involved in the preparation of cases, including research, gathering evidence, and preparing legal documents. They work on a wide range of legal matters, including conveyancing, family law, wills, and probate. While solicitors can represent clients in lower courts, they usually do not have the right of audience in higher courts. If a case goes to trial in a higher court, a solicitor may engage a barrister to represent the client. Solicitors often engage in negotiation and settlement discussions. They may attend mediation sessions and work to reach agreements outside of court. To become a solicitor, one typically completes a law degree, followed by a Legal Practice Course (LPC) and a period of practical training known as a training contract..

Barrister. Advocacy: Legal Opinion: Independence: Chambers: Qualifications: Barristers specialize in advocacy and presenting cases in court. They are skilled courtroom advocates who represent clients in hearings, trials, and appeals. Barristers may be engaged by solicitors or directly by clients to provide specialist legal opinions on complex matters. They focus on specific areas of law and often have in-depth expertise. Barristers maintain a degree of independence from clients and are instructed by solicitors to provide expertise on specific legal issues. They do not have direct contact with clients in the same way solicitors do. Barristers typically work in groups known as chambers. Clients seeking the services of a barrister often go through a solicitor who instructs the barrister on their behalf. To become a barrister, one usually completes a law degree, followed by the Bar Professional Training Course (BPTC). Barristers then undergo a period of pupillage, working and training under the guidance of an experienced barrister..

Solicitor Vs Barrister. Aspect Solicitor Barrister Client Representation Direct client contact and representation Indirect client contact; instructed by solicitors Case Preparation Involved in case preparation, research, and drafting Specialize in advocacy; less involved in preparation Court Advocacy Represent clients in lower courts Specialize in representing clients in court Negotiation Skills Engage in negotiation and settlement discussions Primarily focus on courtroom advocacy Legal Opinions Provide legal advice on various matters Often engaged to provide specialist legal opinions Independence Work directly with clients Maintain independence from clients Chambers Work in law firms or legal departments Work in groups known as chambers Qualifications Law degree, Legal Practice Course (LPC), training Law degree, Bar Professional Training Course (BPTC), pupillage Right of Audience Limited in higher courts; may engage barristers Specialize in court advocacy; represent clients directly.

Ethical Responsibilities of the Legal Profession.

Ethical Responsibilities of the Legal Profession.

Ethical Responsibilities of the Legal Profession.

Ethical Responsibilities of the Legal Profession.

Jury System in England and Wales. The jury system plays a crucial role in the criminal justice system of England and Wales Trials by Peers: One of the fundamental principles of the jury system is that individuals accused of a crime have the right to be tried by their peers. Jurors are selected randomly from the general public to form a representative cross-section of society. Impartial Decision-Making: Jurors are expected to be impartial and make decisions based solely on the evidence presented during the trial. The idea is to have an unbiased group of individuals assess the facts and determine guilt or innocence..