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How lawyers reason, within field of litigation and how lawyers form legal argument within field of litigation - Essay Example

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Download file to see previous pages These supporting tools are of great help in terms of their importance in making the minds of judiciary to decide. II. How lawyers reason, within field of litigation  A. Litigation  The legal professions in England and Wales are divided into two segments a) Barrister and b) Solicitor. Bar Standards Board is the regulatory authority of Barrister. A Barrister must be a member of one of the Inns of Court. These are a) The Honourable Society of Gray's Inn b) The Honourable Society of Lincoln's Inn c) The Honourable Society of the Middle Temple and d) The Honourable Society of the Inner Temple. Mentioned courts are located in Central London, which is very near to the Royal Courts of Justice1. In England, public representatives may have the services of a barrister directly. They are there to provide legal advice and assistance in almost all spheres of laws. Barristers are entitled to represent on behalf of their clients in any court of law in England and Wales provided he or she received instructions from his client to plead the case. Before taking up the case of any client, Barrister has to complete a course, which is known as special course2. The Public Access Scheme was introduced in the United Kingdom to liberalize it for public and at a cheaper fee. It further bridges the gap between solicitors and barristers. The role of Barrister and Solicitor is clearly defined in rules of business for the ease of public.   B. Precedent  Legal rulings are known as legal precedents, come from the cases of law. Rulings of the competent court of law are binding until and unless void by the superior courts. We may categorise the precedents into three categorise a) Original b) Binding and c) Persuasive. It can be used in place of statutory law in civil cases, which is familiar as common law. Judges pursue the know principles of superior courts3. Original Precedent Original Precedents are those which have never gone through the legal process ever before. Take the example of London bombing case, which was never heard by the UK Judge as this sort of incident has not been witnessed earlier. Hence, ruling in the mentioned case, is considered as Original Precedent4.   Binding Precedent If a ruling of a competent jurisdiction is the same as it was held in some similar case, this can be treated as binding precedent. For example if a person commits murder and the judge keeping in mind the circumstances, not finds the accused guilty and orders to release innocent person, therefore a case of equal standing can have the same ruling. Judges always try the cases on merits of the case5. Persuasive Precedent Persuasive precedents in fact are the decisions of subordinate courts. The decision has the legal validity provided higher court deems it fit and appropriate. There are circumstances where lower courts take the decision and the higher court did not endorse it taking into account the merits of the case6.   Precedents as Common Law Now, the courts of England and Wales use precedents as Common Law. The extraordinary cases usually try in the competent court of law and their decision is binding. Precedent may be used in a similar case being heard. The rulings of circuit court or the high court are binding. However, rulings of the subordinate courts are not binding since they are challengeable in mentioned superior courts7.    It would not be out of place to mention that number of post 9/11and 7/7 Cases heard in UK courts were “ ...Download file to see next pagesRead More
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