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Utilization of the law and its processes - Essay Example

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The following research explores various areas that describe the utilization of the law and its processes. It makes it quite clear why there is a need for the law and how effective it is in society today. Also, an understanding is given in some of the areas of how judges utilize certain powers to control areas of the law as well…
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Utilization of the law and its processes
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Download file to see previous pages There are of course many different areas of the law in the UK and these various areas cover situations that might be civil or criminal in nature. These are the main two categories of the law in the UK which many smaller laws branch off from. As was stated the main purpose is to try and keep as much of a sense of normalcy to life as possible, which in order to do that there is a strong need for law which acts as a mediator in society of many sorts (Scottish Executive Justice 2006).
The law is a set of legal principles that mandate human behaviors and interactions in society. The various sets of rules or (social norms) depict what behavior is acceptable and what isn't. Also, they ensure equality when it seems to be lacking and in criminal areas the law guarantees punishment to those who break the established laws in a society (Blackstone 1997).
Logically the aim of the law in the UK is to keep civil disputes minimized and for civil problems that do arise the aim is to provide fair and proper representation so that equal justice can be served. In criminal law the aim is to guarantee to those in society that a criminal offender will be punished based on the judgment passed down by the judicial system for their maladaptive behaviors and the harm that they intend to promote in society.
1.4 Classification of the Law
As has been said there are different categories and classifications of the law but the two main bodies are Civil and Criminal. The other branches of the law stem from these main forms of the legal process. For instance property issues would fall under civil law while crimes of robbery and rape would fall under criminal jurisdiction.
1.5 Civil Law
The civil laws in the UK function somewhat differently than the criminal laws do as they are basically controlled by the judges and the judicial system itself. Civil law is guided by civil codes and principles which are slightly variant as well basically due to the fact that civil law has an extremely wide berth. The following bulleted outline details and defines the majority of areas that are dictated by civil law in society, however there are quite a few more.
Areas under Guidance of Civil Law
Adults with Incapacity: Representation is given for those who do not have the mental capacity to represent themselves
Bankruptcy: takes place due to fault of debtor not repaying their incurred debt
Civil Courts and Tribunals: The court of session and the Sheriff's court deal with matters relative to compensation claims, debt and family issues, employment, social security, and administration
Civil Partnership: A new law put into effect to provide a means of legal protection for couples not following the traditional forms of marriage, such as couples of the same sex (basically for cohabitation)
Debt and Enforcement: enforces civil obligations such as debt
European Justice: Involves EU legal structure
Family Law: this is of course a large berth area which covers marriage, divorce, parental rights, and other family related issues
Gender Recognition: mean for transsexuals to be able to apply for legal identity from their sex ...Download file to see next pagesRead More
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