Utilization of the Law and Its Processes - Essay Example

Running head: PARALEGAL Paralegal Studies You're 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. The conclusion wraps up each area individually so that proper cohesive thought can be developed to form the basis of the paralegal studies. Paralegal Studies Chapter 1 1.1 Why there are Laws Law is a fundamental process within society as it controls societal behaviors and minimizes illegal activities so that there will be a sense of safety and an encirclement of social norms in the various classes and structures in all community settings. 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). 1.2 The Definition of Law 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). 1.3 The Aim of the Law 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 change Human Rights: insures the basic fundamentals of human rights in all areas of life for those in society Property law: covers all areas affiliated with any conflict in property such as zoning, building, and demolition International Law: covers all international disputes and transactions outside of the border of a country Alcohol Licensing Law: prohibits the sale of alcohol to minors and enforces a strict moral code of its distribution (Patrick 2004) 1.6 Criminal Law The following bulleted outline brings cohesion into what forms of law fall under the guidance of criminal codes and principles and would therefore be prosecuted in a slightly different manner from Civil law cases. Those listed are a brief summation to give guidance as to what criminal law actually covers and what would be considered criminal instead of civil. Criminal Damage Act 1971: meant to protect the damage to personal property through malicious intent Homicide Act 1957: gives guidance over cases that are shown to have malicious qualities with regard to murder Manslaughter: A less severe sentence than murder Suicide Act 1961: before this act suicide was a crime punishable by criminal law Theft: such as burglary, robbery, armed robbery Criminal Negligence: intent to commit crime and harm Domestic Violence: violence against family members or spouse, friends Illegal Drug Trade: drugs such as crack, cocaine, heroine Disturbing the Peace: disorderly conduct, indecent exposure, etc (Patrick 2004) Chapter 2 Judge made Law in England and Wales 2.1 The extent to which Judges apply Law in the Legal System In the courtroom judges have the power of finding individuals in "contempt of the court" which can cause them to face penal punishment such as jail time, or they can face heavy fines. This type of judicial power can be carried out outside of the courtroom as well if the judge in power sees fit to pass such a judgment. Witnesses, litigants, and even lawyers can be found in "contempt of the court" if the judge deems their behavior inappropriate or disruptive to the proceedings (Nolo Legal Services 2006). Another body of power that the judges have is ruling a law unconstitutional or invalid depending upon the case evidence. Also, if the cases are common-law then judges also have power to utilize past laws to make a ruling which can not be refuted in England. To extend these points even further, judges that are within the British commonwealth also have power over educational issues at times such as with desegregation in schools, fashion and dress, and the power to place restraining orders onto individuals. Those judges who are in common law also have the power to pass what is known as "injunctive relief" which is an order passed down directly from the court to either refrain an individual or force them to utilize a particular act in the resolution process of a case. Research defines that these powers differ between Civil law judges and Common law judges; therefore not all judicial powers are readily available for use in certain cases. Judges of different bodies of the courts would of course have certain ruling powers while other areas might differentiate just slightly. 2.2 Exemplary Cases Ruled by Judges - The case of the Muslim girl, who was deterred from attending school in England due to her formal Muslim dress, was also denied her human right to formally express her religion in a public school room in London. Justice Brook ordered the school to pay closer attention to the Human Rights Laws governing instances such as these and ruled in favor of the young girl which granted her, her right to freedom of expression and religion (BBC News 2005). - In the case of Michael Ward, the judge ruled that this individual would be banned from every park in England and Wales due to his intent to commit thievery at every known location where he has been identified (ASBO Watch 2006). - In the case of William Hillan, judges passed a temporary ban against his use of playing music in his apartment due to annoying his neighbors. However, judges dismissed this charge later due to gaining knowledge that there was discrimination against him based on his sexual preferences. In turn the judges fined the neighbors for victimizing this individual just due to his differences (ASBO Watch 2006). These are three cases that were strictly ruled and passed on by Judges with the sole authority to make the verdicts as they saw fit. These cases give a clear comprehension as to how cases are viewed by the judicial authorities in England and Wales. 2.3 The Hierarchy of the Civil and Criminal Courts The hierarchy of the court system in England and Wales use to be mandated over by the Catholic Church for decades upon decades. Any law that was passed the church seemingly had a hand in. For persecution of individuals, the sway of the church had a strong hierarchical role in the judicial judgments passed down; in fact many of them were extremely harsh in the mid 1800's and early 1900's. However times have now changed and even though the church does have a prominent role in the hierarchy of the legal system within England and Wales in today's decade it is not as defined as in years ago. Now the courts in the areas of England and surrounding the country appear to be built on a hierarchy of power formed in a structure similar to the design of a oblong rectangle with ten bodies of courts branching off of the main structure of the House of Lords and the connected civil and criminal court systems. There is the highest hierarchy of power that passes rulings and judgments outward into society which would be the supreme courts and those in positions of Lord Justices. Trickling down the line of power would be on one, the civil side of the court system and on the other, the criminal side of the courts. At the bottom is apparently the court of appeals with the House of Lords being the highest appeal court of power in the hierarchy of the judicial system. There exists also the judicial committee of the Privy Council which has a form of power over other legal areas in the UK court system, but is not as high on the hierarchy as the other bodies of judicial power are. The appeals courts and the justices making them up do have similar power which is comparable to the Supreme Court, but still not as strong as this main body is. The main goal of this hierarchy of power in the judicial structure of England and Wales is basically meant to be of benefit to the people, to ensure order and a safe social environment. It is not meant to be a constrictive form of power as it was years ago but more laxed towards those how stay in the norms of the law. For those that do not it is a whole other story because no legal system is going to cater to those who wish to break the law or commit severe criminal offenses against society. So although some might view the hierarchy of power as a controlling body, others view it as a welcoming form of legislation in the whole of England and Wales. 2.4 The Personnel of Each Court Within each court there exists a body of personnel that is stated in various ways. Of course there are barristers in each of the court systems; however the term Lord Justices is in the higher positions of authority within the judicial bodies of the courts. The civil court holds the following personnel titles: Privy Council Members House of Lords: a. Lord of Appeal in Ordinary Court of Appeal: a. Master of the Rolls, b. Lord Justice of Appeal High Court of Justice: a. Chancellor of the High Court, b. President of the Queens Bench, c. President of the Family Division, d. High Court Judge County Courts: a. District Judge (Blackstone 1997). The Criminal Courts personnel consist of the following seats of power: House of Lords: a. Lord of Appeal in Ordinary Court of Appeal: a. Lord Chief Justice, b. Lord Justice of Appeal High Court Justice: a. President of the Queen's Bench, b. High Court Judge Crown Court: a. Circuit Judge, b. Recorder Magistrates Court: a. District Judge, b. Justice of the Peace (Blackstone 1997). Of course there is also the criminal justice body that forms the prosecuting team which is as follows: Attorney General Director of Public Prosecutions Crown Prosecution Service (Blackstone 1997). These judicial forms with the titles included should clearly bring a better cohesive thought to how the court system is set up and to how the titles are given to the legal representatives of each side of justice. 2.5 Delegated Legislation Memorandum Legal research has found that delegated legislation proves to be very useful in getting certain acts passed far quicker than having to resort to the legal framework of the court system. For instance there is fact found that delegated legislation is far more flexible than the act of Parliament is and is not as constrictive in a legal context either. There are times in societies when emergencies do develop and sometimes the needs of the people must be met far faster than what ordinary parliament law could offer (Gelhorn & Leven 1997). In this realm the idea of how well delegated legislation works is easily conceivable. With the utilization of delegated legislation laws and acts such as the Food Protection Order of 1986, which moved at a very quick pace, brought the realization that conceptions such as delegated legislation has the power of saving many lives during a period of crisis or other troublesome time. This instance in particular was quite possibly responsible for saving many lives, because it was unclear how many sheep might have been affected by the radioactive fallout from the accident at Cherynobl. It is instances like these that clearly define the powerful usage that delegated legislation can provide and it has always been found to be very effective when incorporated into various plans to bring possible acts into being (Gelhorn & Levin 1997). References ASBO Watch. (2006). Examples of ASBO's used in Extreme Cases. Retrieved June 26, 2006 from the World Wide Web: http://www.statewatch.org/asbo/asbowatch-extreme.htm BBC News Online. (2005). Schoolgirl Wins Muslim Gown Case. Retrieved June 26, 2006 from the World Wide Web: http://www.news.bbc.co.uk/1/hi/england/beds/bucks/herts/4310545.stm Blackstone, William-Sir. (1997). An analysis of the Laws of England. Buffalo: W.S. Hein & Company Publications. Gelhorn, Ernest & Levin, Ronald. (1997). Delegated Legislation Review. Oxford: West Publishing. Nolo Legal Services. (2006). Contempt of Court. Retrieved June 26, 2006 from the World Wide Web: http://www.nolo.com/definition.cfm/Term/F243E099-51EF-496F-A120D08F85E66B32/alpha/C/ Patrick, Glenn. (2004). Legal Traditions of the World: Sustainable Diversity in Law. London: Oxford University Press. Scottish Executive Justice. (2006). Civil Law and Civil Justice. Retrieved June 26, 2006 from the World Wide Web: http://www.scotland.gov.uk/Topics/Justice/Civil Read More