Guide To The English Legal System , livre ebook

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89 pages

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A propos
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Description

This latest book in the Emerald Series A Guide to the English Legal System, New Edition, is an ideal introductory book for the person who needs an insight into how the English Legal System functions at all levels. The book is updated to 2021. This book examines the workings of the English Legal system, looking at the main institutions and the role of Parliament and the law and also the diminished role of the European Union post BREXIT. The book will prove an invaluable guide for all those who wish to develop their knowledge in this area and is written in a clear concise style accessible to all.

Sujets

Droit et juridique

Informations

Publié par	Straightforward Publishing
Date de parution	28 septembre 2021
Nombre de lectures	0
EAN13	9781802360721
Langue	English

Informations légales : prix de location à la page 0,0300€. Cette information est donnée uniquement à titre indicatif conformément à la législation en vigueur.

Extrait

Emerald Law
The English Legal System
Anthony Chadwick
Editor: Roger Sproston

Emerald Guides www.straightforwardco.co.uk
Emerald Guides
Straightforward Co Ltd 2021
All rights reserved. No part of this publication may be reproduced in a retrieval system or transmitted by any means, electronic or mechanical, photocopying or other wise, without the prior permission of the copyright holder.
British Cataloguing in Publication data. A catalogue record is available for this book from the British Library.
ISBN 978-1-913776-73-2 Epub ISBN 978-1-80236-072-1 Kindle ISBN 978-1-80236-083-7
Printed in the United Kingdom by 4edge www.4edge.co.uk
Cover Design by BW Studio Derby
Whilst every effort has been made to ensure that the information in this book is accurate at the time of going to print, the author and publisher recognise that the information can become out of date. The book is therefore sold on the understanding that no responsibility for errors and omissions is assumed and no responsibility is held for the information held within.
Contents
Introduction
Table of cases
Chap1. The Framework of Law
International law
National law
Public law
Constitutional law
Administrative law
Criminal law
Private law
Distinctions between civil and criminal cases
Defining law
Law and morality
Law and justice
Rights and duties
Chap 2. The Development of Law
Customs
General customs
Local customs
Common law
Equity
Judicial precedents
Ratio decidendi
Obiter dicta
Original precedent
Binding precedent
Persuasive precedent
The hierarchy of courts and precedent
The European Court of Justice
The Supreme Court
The Court of Appeal
Divisional Courts
Courts of First Instance
The High Court
Inferior Courts
The Tribunal system
Use of Practice Statement
Distinguishing, overruling and reversing previous decisions
Advantages and disadvantages of precedent
Disadvantages of precedent
Reporting cases
Chap 3. Parliament and Acts of Parliament
Parliament
Judges in the Supreme Court
Factors influencing law making at a government level
The pre-legislative process
Introducing an Act of Parliament
The distinction between public and private bills
The Parliamentary process
Commencement of an Act
Parliamentary sovereignty
Chap 4. European Law and its previous role in the UK
Recent history
The Council of Ministers
The Commission
The Assembly
The European Court of Justice
Discretionary referrals
The Court of First Instance
Regulations
Directives
Human Rights
Chap 5. Statutory interpretation of law
Liberal approach v Purposive approach
The literal rule
The golden Rule
The mischief rule
Rules of language
The ejusdem generis rule
Presumptions
Unified approach to interpretation
The purposive approach
Chap 6. The legal profession
Solicitors
Complaints against solicitors
Solicitors Regulation Authority
Office for Legal Complaints
Barristers
Queens Counsel
Complaints against barristers
The judiciary
Types of judge
Superior judges
Inferior judges
Lords Justices of Appeal
High Court judges
Circuit judges
Recorders
District judges
Law officers
The Attorney General
The Solicitor general
The Director of Public Prosecutions
Magistrates
Chap 7. Civil Cases
Commencing a case in the county court
Which court?
Issuing a claim against another party
Defending a claim
Small claims
Making a claim online
Fast-track cases
Multi-track cases
The High Court
The Single Family Court
The Queens Bench Division
Commercial court
Admiralty court
The Chancery Division
Family Divisions
The Civil Procedure Rules
Appellate courts
Divisional Courts
Queens bench Divisional Court
Chancery Divisional Court
Court of Appeal (Civil Division)
The Supreme Court
Appeal routes in civil cases
Appeals from the county court
Appeals from small claims
Appeals from the High Court
Further appeals
Remedies in civil cases
Special damages
General damages
Nominal damages
Exemplary damages
Equitable remedies
Specific performance
Rescission
Rectification
Alternative Dispute resolution
Chap. 8 Criminal Cases-Police Powers
Police organisation
Police powers
Powers to arrest-serious arrestable offences
Powers to stop and search
Voluntary searches
Other powers to stop and search
Roadside checks
The power to search premises
Power to enter premises without warrant
To prevent breach of the peace
Searching premises with consent of occupier
Unlawful entry and search
Powers of arrest
Arrestable offences
PACE Section 24-arrests by police and private Citizens
PACE Section 25
Other rights of arrest
Breach of the peace
Right to search
Powers to detain suspect
Rights of detained people
Police interviews
Right to silence
Searches, fingerprints and samples
Complaints against police
The Independent Police Complaints Commission
Policing and Crime Act 2017-a summary
The Police Crime, Sentencing and Courts Bill 2021
Chap. 9 Hearing Criminal Cases
Pre-trial hearings
Categories of criminal offence
Bail
Bail and the Policing and Crime Act 2017
The Crown Prosecution Service
Criminal courts
The role of the Magistrates Court
Summary trials
Triable either way cases
Sending cases to the Crown Court
Committal proceedings
Youth Courts
Appeals from the Magistrates Court
Further appeals to the Supreme Court
The Crown Court
Preliminary matters
The Indictment
Disclosure
The trial
Appeals
Sentencing
Custodial sentences
Community sentences
Fines
Discharges
Other powers available to the courts
Young offenders
Attendance centre orders
Supervision orders
Reparation orders
Reprimands and warnings
Responsibility of parents
Parenting orders
Offenders who are mentally ill
Anti-Social Behaviour Orders
The Anti-Social Behaviour Crime and Policing Act 2014
Chap.10 Juries
Civil cases
Excusal and deferral
Selecting a jury
Criminal cases
Majority verdicts
Trial without jury
Chap.11 Legal aid and advice
The Legal Aid Agency
Governance
Legal aid and financial help
The different types of civil legal aid
Who can provide legal aid services?
Financial conditions for getting civil legal aid
Repaying solicitors costs at the end of a case
Civil Legal Advice Helpline
Legal Aid for criminal cases
Free legal help
Paying court fees if getting legal aid
Other sources of free legal help
Conditional fee agreements
Pro-bono (free) legal help

Glossary of terms
Index
Introduction
This Revised edition of An Emerald Guide to the English Legal System is wide ranging and covers all the main areas of our complex legal system in depth. the book is updated to 2021 .
For the average person, the legal system in this country can appear mystifying. All they know is that the process of funding legal cases costs a lot of money. It is thus very important for a citizen to have a clear idea of how the legal system operates and who is who in the system, the role of the judiciary, the European Courts and also the availability of funding.
We now also need to keep in mind the changes which have taken place as a result of the triggering of Article 50 and the departure of the UK from the European Union and subsequent changes to legislation and the court system. Below is a summary of the changes which will be reflected throughout the book.
The effect of BREXIT
The UK left the EU single market and customs union on 31 December 2020. Its relations with the bloc are now regulated by the Trade and Cooperation Agreement (TCA).
The UK courts, including the Supreme Court, are not bound by decisions of the Court of Justice of the European Union made after 11pm on 31 December 2020. The UK courts, including the Supreme Court, may have regard to the Luxembourg Court s decisions if relevant, but they are not generally obliged to follow them.
Secondly, from 11pm on 31 December 2020, all UK courts, including the Supreme Court, are no longer able or required to refer certain questions of European Union law to the Court of Justice (through what is known as the preliminary reference procedure ). There are some limited exceptions to this. For example, the UK courts, including the Supreme Court, continue to be able to refer questions to the Court of Justice of the European Union about the interpretation of the citizens rights provisions in Part 2 of the EU-UK Withdrawal Agreement.
There are also substantial changes affecting solicitors servicing clients in the EU from 1 January 2021:
EU laws including the EU lawyers directives no longer apply to solicitors. The rules governing their practising rights vary in each EU member state, country in the European Economic Area (EEA) and Switzerland
freedom of movement to the continent has come to an end. There are new rules governing the ability of solicitors to cross the border to each EU member state, countries in the EEA and Switzerland
Brexit also impacts matters including enforcement of judgments in civil and commercial matters, EU legal professional privilege, tax, anti-money laundering regulation, intellectual property and data flows
A considerable amount of legislation governing the UK is tied to EU law. And if parts of the UK s legislation are no longer constrained by EU directives, then the British parliament can effectively scrap EU law and impose its own variant.
The European Convention on Human Rights and the European Court of Human Rights exist separately from the European Union. The Supreme Court s relationship with the Strasbourg Court is not, therefore, changed by the UK s exit from the European Union.
One other aspect which needs to be highlighted is that of the relationship of government, parliament and the courts. In September 2019, the Supreme Court found against the government, stating that the prorogation