English legal system - Essay Example

Comments (1) Cite this document
Summary
The initial and primary aspect that requires consideration for any legal system is the fact that it changes constant and is developing all the time and this is said to be a vital characteristic of any legal system. …
Download full paperFile format: .doc, available for editing
GRAB THE BEST PAPER93.3% of users find it useful
English legal system
Read TextPreview

Extract of sample "English legal system"

Download file to see previous pages As far as a legal system is concerned the major influences that tend to play a part in respect of its development are the changing social, economic and cultural forces that tend to surround the system and are thereby prevailing. An important evaluation in this respect can be drawn from the decision-making processes, structure and organisation of the English legal system, and its relation with the differing social and economic forces that had been prevailing in that period of time. As far as culture and the so called cultural rules are concerned, it can be said with ease that these have played an important role in respect of decision-making, which can be seen from the period of William the Conqueror who introduced the concept of custom based rules and laws. The important thing that needs to be done at this point in time is to define the legal system, and for that a definition of law must also be presented. One vital point that needs to be mentioned here is that the term law and legal system have been used by many writers interchangeably but this can clearly be said to be a flawed concept. Aubert in his text ‘search of law’ (1983) stated the six functions of law to be “a means of governance; a way of shaping the behaviour of the citizens; a device for distributing resources and burdens in society; a method of safeguarding expectations, a method of dealing with conflicts and contributing to their solution; and an expression of ideals and values” This definition clearly requires the existence of a legal system per se as there would be no point in having such a definition in a non-existent legal system. As far as a comparison of English Legal System and other legal system is concerned it is necessary to differentiate between what is known as the ‘common law’ and ‘civil law’ the formed defines the English Legal System, the ‘adversarial’ and ‘inquisitorial’ process whereby investigation is made and the meaning of ‘equity’ and the reason for development of equity. There are number of things which tend to make the English Legal System stand out when compared with other systems, even though these might now only be on paper and not in implementation, these were and had played an important role in respect of the development of the English Legal System. The first and foremost distinguishing factor was the fact that since common law was existent in England, it had been to a maximum level if not totally in control of the judges and existed very little or no interference of legislation and the other fact was that the judges did not specifically take into account the differing jurisprudence. The second distinguishing factor for the English Legal System is that it has been thought to have its basis on common sense and is based on logic. The third distinguishing factor is the fact that the English Legal System is that arguably the system has law in respect of each and every situation, problem that is encountered in the legal system. Another important point that needs to be raised is that statutory interpretation was restricted to the statutes and nothing else that is not looking beyond the statute, however, it has been argued and clear that other sources have been used. The important feature which makes the ...Download file to see next pagesRead More
Cite this document
  • APA
  • MLA
  • CHICAGO
(“English legal system Essay Example | Topics and Well Written Essays - 1500 words”, n.d.)
Retrieved from https://studentshare.org/law/1412440-english-legal-system
(English Legal System Essay Example | Topics and Well Written Essays - 1500 Words)
https://studentshare.org/law/1412440-english-legal-system.
“English Legal System Essay Example | Topics and Well Written Essays - 1500 Words”, n.d. https://studentshare.org/law/1412440-english-legal-system.
  • Cited: 0 times
Comments (1)
Click to create a comment or rate a document
la
laynehowe added comment 1 year ago
Student rated this paper as
I had an issue with a essay types of works. All until I came across this website and this particular paper. Even though "English legal system" is far from my interests, the structure is so great that I use it all the time as an example for my own works.

CHECK THESE SAMPLES OF English legal system

English Legal System

...? Compare the extent to which the Supreme Court and the court of appeals are bound by their own decisions and critically examine the advantages and disadvantages of their differing positions in relation to the doctrine of binding precedent. List of Case Laws Referred Andrews v Hopkinson Broome v Cassel Donoghue v Stevenson Gallie v Lee Grant v Australian Knitting Mills Havana Railway case Hulton v Jones Lewis v AG of Jamaica Ley v Hamilton R v Gotts R v Gould R v Howe & Bannister R v Parole Board R v Spencer R v Taylor Rookes v Barnard Salomon v Salomon & Co Ltd Shaw v DPP Tiverton Estates v Wearwell Young v Bristol Aeroplane Co. Ltd “BINDING JUDICIAL PRECEDENT” English legal system has...
8 Pages(2000 words)Essay

ENGLISH LEGAL SYSTEM

...is formed to hear the cases. The appeals against the decisions of the Magistrates’ Courts may be registered to the Crown Court, besides; the appeals against the decisions of the civil cases may be heard by the County Courts. B. Compare and contrast the advantages and disadvantages of a “fused” legal profession as in Cyprus with a split system as in England and Wales. Spilt system Solicitors and Barristers define the spilt system in England and Wales. Each branch has different training and law degree. Barristers are self-employed individuals who are specialist legal advisers and courtroom advocates besides working in groups of offices, which are commonly...
10 Pages(2500 words)Essay

English Legal System & Practice

..., acting on the advice of the Director of Public Prosecutions. The check of criminal record of the person purporting to be a juror is generally used in the variety of cases without special permission. Works Cited Elliott, Catherine, and Quinn, Frances. English Legal System. 9th ed. Harlow, Essex: Pearson Education, 2008. Print. Keenan, Denis. Smith and Keenan’s English Law. 15th ed. Harlow, Essex: Pearson Education, 2007. Print. “Rules and Principles of Statutory Interpretation.” Oxford Dictionary of Law. 7th ed. 2009. Print.... ), when the court ruled that the phrase “whosoever being married shall marry any other person during the life of former husband or wife... shall be guilty of bigamy” led to the absurd conclusions, as it was impossible...
4 Pages(1000 words)Essay

ENGLISH LEGAL SYSTEM & SKILLS

...? English Legal Systems and Skills of English Legal Systems and Skills Material facts of the case and initial grounds of appeal The case was an allegation that the claimant had sexually assaulted a fifteen year old school boy who was undergoing a short period of work experience at the school where the claimant had been newly employed as music assistance. It was alleged that the claimant had inappropriate contact with the boy and further that inappropriate text from the claimant to the boy inviting the boy to meet him were found in the boy’s phone. The school consequently expelled the claimant from working in the school. The initial...
6 Pages(1500 words)Essay

English Legal System

... for ADR for settlement of their disputes. The consent order passed by the court has legal sanctity and implemented immediately. The features and the functioning of ADR, courts involvement and the government's view of developing the ADR system implies the major and important role being played by the Alternative Dispute Resolving Mechanism in the English legal system. It is indisputable fact that ADR is playing a vital role as an alternative to the court system. Bibliography www.nihrc.org/documents/HR/HR_Impact.doc http://www.un.org/esa/socdev/enable/comp301.htm www.ombuds.org/center/adr2003-7-hornle.html - 43k http://www.cfcj-fcjc.org/full-text/parker.htm... separated from their legal wedding. In the separation agreement...
6 Pages(1500 words)Essay

The English Legal System

...The English Legal System The Natural law content is set by nature and thus it is valid everywhere. Natural law opposes the concept of the positive law of a certain political community, or nation-state, and therefore can function as a standard to criticize that law. However the content of positive law should be known with some reference to the natural law. Thereby natural law is used to criticize decisions about the statutes, but less so to criticize the law itself. In Fact the Natural law theories have exercised a profound influence on the development of English common law. When the UK joined the European Economic Community (now the E U), as a consequence the UK is subject to Community law, and the secondary legislation of the EU... the...
4 Pages(1000 words)Essay

English Legal System, Coursework

...The English Legal System is described as a 'common law system' with the Modern Doctrine of Precedent operating within this system. This is a ment no doubt, but to understand this statement we will have to examine: i. * What is common law ii. * How does the doctrine of precedent fit in the system iii. * Strengths and weakness of the system Common law is a law created by judges, as opposite to laws authorised by a legislative body. When a case is decided by a judge then his decision and the basis of the case becomes a precedent which other courts follow while deciding a case which is similar in nature. The...
7 Pages(1750 words)Essay

English Legal System

...Word count 827 Order # 430457 d 11th April English legal system Summary of the case In the case R (E) v Governing body of JFS (2009),the admission of M, son of E was denied by the governing body on the grounds of lack of proper evidence for his Jewish origin. The specific reason quoted by the governing body was the ethnicity of the mother which was not treated as Jewish. The over subscription of the school led to refusal of several application of children, but the reason for the refusal should be proper. However, in the present case, the reason for the refusal of the admission was very illogical and discriminatory. Hence, E challenged the decision of JFS and appealed in the High Court. The High Court quashed the claims made by R... on...
3 Pages(750 words)Essay

English Legal System

...Regulation of Alternative Business Structures (ABS) by Solicitor’s Regulatory ity (SRA) By 25, March Reflective Paper Every individual has strengths and weaknesses which impacts differently on their life and the determining factor is how one understands and uses their strengths and weaknesses. The research I did was based on the English Legal Systems. My first step was to breakdown the question, gathered material applicable and made a draft which I employed as the working paper. My main strength revolves around my ability to answer the questions asked within the stipulated word limit and proper footnoting and referencing the work. I admit that I feel good from the feedback which I feel...
8 Pages(2000 words)Essay

Discussion on Peet's coffee

2 Pages(500 words)Essay
sponsored ads
We use cookies to create the best experience for you. Keep on browsing if you are OK with that, or find out how to manage cookies.

Let us find you another Essay on topic English legal system for FREE!

Contact Us