The document provides an overview of the South African legal system, including its origins and sources of law. It discusses the following key points:
- The South African legal system originated from Roman law and Dutch custom, and was later influenced by English law.
- The authoritative sources of South African law are legislation, judicial precedents, customary law, and old authorities. Persuasive sources include foreign law, textbooks, and journals.
- The Constitution of South Africa is the supreme law and any law that contradicts it can be declared invalid. It aims to heal divisions of the past and establish a society based on democracy, justice, and human rights.
- Customary law consists of unwritten rules and
[Forensics] topic law and legal proceduresMuhammad Ahmad
Legal procedures involve applying medical knowledge to law and justice. There are different types of law depending on their origin, such as common law, statute law, and Shariat law. Courts handle both criminal cases, which deal with prohibiting harmful acts, and civil cases, which deal with disputes between individuals. In legal procedures, a case is brought before a judge, who arrives at a decision following proceedings based on legal codes and evidence. There are two parties involved - the prosecution, which brings charges, and the defense, which responds to charges. The conclusion of the judge is called the judgment. Various courts have jurisdiction over different types of cases and ability to impose punishments. Principles guiding courts include the presumption of innocence until proven guilty
World Legal System and their Salient FeaturesSagar Bansal
TOPICS - COMMON LAW, CIVIL LAW, RELIGION - STATE RELATION, INDIAN LEGAL SYSTEM.
Legal system refers to a procedure or process for interpreting and enforcing the law. It elaborates the rights and responsibilities in a variety of ways. Three major legal systems of the world consist of civil law, common law and religious law.
Top of FormWEEK 5 SUPREME COURT Lesson Lesson 5 Th.docxedwardmarivel
Top of Form
WEEK 5: SUPREME COURT
Lesson
Lesson 5: The Supreme Court
"A law embodies beliefs that have triumphed in the battle of ideas.”
-Justice Oliver Wendell Holmes
Expected Outcomes
To understand the evolution of the Supreme Court in relation to the other branches of power; to appreciate the difference between the “original intent” and “judicial activist” philosophies; and to critically evaluate the political and cultural importance of major Supreme Court decisions.
Overview
I. The Legal Framework
Most American laws are based on the English legal system. The body of judge-made law is referred to as common law. The U.S. Constitution, State Constitutions and statutes - laws passed by Congress or State Legislatures - are sources upon which American law is founded. Common law countries around the world include: United States; Britain, Australia, Canada, India, and New Zealand.
The United States utilizes a dual court system which is comprised of both State and Federal Courts. The rules and principles which are the basis of court decisions are referred to as Case Law. Case law has bearing on future cases that involve similar facts and constitutional issues. The case law or court rule from previous cases establishes the precedents on which future cases will be relied upon in the decision making process. The doctrine of stare decisis means to stand on the decided cases.
A courts authority to hear and decide cases refers to the jurisdiction of the court. According to the Constitution, the accused must receive a fair trial in the jurisdiction in which the crime was committed. Federal Courts have jurisdiction when there is a federal question in the case, when there is diversity of citizenship involved in the case (meaning citizens from different states), and when there are two or more different states or state boundaries involved. When a case is to be heard in Federal Court, courts with limited jurisdiction include Tax and Bankruptcy Courts. These are examples of courts that deal with very specialized issues that do not deal with constitutional issues, but other federal issues.
II. The Judicial Powers
According to Article III of the Constitution, the judicial power of the United States would be vested in one Supreme Court. The actual authority of the Supreme Court was described as:
· “The Judicial power shall extend to all Cases, in Law and Equity, arising under this Constitution, the Laws of the United States, and Treaties made, or which shall be made, under their Authority; to all Cases affecting Ambassadors, other public Ministers and Consuls; to all Cases of admiralty and maritime Jurisdiction; to Controversies to which the United States shall be a Party; to Controversies between two or more States; between a State and Citizens of another State; between Citizens of different States; between Citizens of the same State claiming Lands under Grants of different States, and between a State, or the Citizens thereof, and foreign States, Citizen ...
The common law of England developed over hundreds of years beginning with Anglo-Saxon customs and was impacted by the Norman conquest in 1066. Prior to the conquest, there was no unified national legal system and law was local custom. William the Conqueror developed a centralized administration and law. Gradually, common law courts like the Courts of Exchequer, Common Pleas, and King's Bench developed with their own procedures and rules. When plaintiffs could not access these courts, they appealed to the Lord Chancellor, leading to the creation of the Court of Chancery applying equity principles. The Judicature Acts of 1873-1874 established a unified court system applying both common law and equity. Common law refers to law developed by judicial
The legal system in England and Wales is based on common law and statute law rather than a criminal or civil code. Common law has developed over 1000 years while Acts of Parliament have been enacted since the 13th century. Criminal law is set out entirely in Acts of Parliament while civil law depends more on common law. Scotland's legal system is similar but more influenced by Roman law. Courts include magistrates courts, Crown Courts, the Court of Appeal and the Supreme Court. The police investigate crimes initially and decide whether to charge suspects, with prosecution handled by the Crown Prosecution Service. The legal profession is divided between solicitors and barristers, each with their own regulatory bodies.
This document discusses the court system in Texas. It explains that there are over 3,000 courts in Texas that handle over 10 million cases per year. Cases can be either civil, involving disputes between individuals or corporations, or criminal, involving violations of laws. It describes the different levels and types of trial courts and appellate courts in Texas and their jurisdictions. It also covers topics like how judges are elected in Texas and the role of court decisions in public policymaking.
The document discusses several key topics in criminology:
1. It compares and contrasts different methods of collecting crime statistics such as the UCR, GSS, and self-report studies.
2. It outlines some of the key impacts of the Canadian Charter of Rights and Freedoms on the criminal justice system, including greater legal protections for accused individuals.
3. It describes the division of criminal justice powers between the federal and provincial/territorial governments in areas such as lawmaking and court administration.
The document provides an overview of the South African legal system, including its origins and sources of law. It discusses the following key points:
- The South African legal system originated from Roman law and Dutch custom, and was later influenced by English law.
- The authoritative sources of South African law are legislation, judicial precedents, customary law, and old authorities. Persuasive sources include foreign law, textbooks, and journals.
- The Constitution of South Africa is the supreme law and any law that contradicts it can be declared invalid. It aims to heal divisions of the past and establish a society based on democracy, justice, and human rights.
- Customary law consists of unwritten rules and
[Forensics] topic law and legal proceduresMuhammad Ahmad
Legal procedures involve applying medical knowledge to law and justice. There are different types of law depending on their origin, such as common law, statute law, and Shariat law. Courts handle both criminal cases, which deal with prohibiting harmful acts, and civil cases, which deal with disputes between individuals. In legal procedures, a case is brought before a judge, who arrives at a decision following proceedings based on legal codes and evidence. There are two parties involved - the prosecution, which brings charges, and the defense, which responds to charges. The conclusion of the judge is called the judgment. Various courts have jurisdiction over different types of cases and ability to impose punishments. Principles guiding courts include the presumption of innocence until proven guilty
World Legal System and their Salient FeaturesSagar Bansal
TOPICS - COMMON LAW, CIVIL LAW, RELIGION - STATE RELATION, INDIAN LEGAL SYSTEM.
Legal system refers to a procedure or process for interpreting and enforcing the law. It elaborates the rights and responsibilities in a variety of ways. Three major legal systems of the world consist of civil law, common law and religious law.
Top of FormWEEK 5 SUPREME COURT Lesson Lesson 5 Th.docxedwardmarivel
Top of Form
WEEK 5: SUPREME COURT
Lesson
Lesson 5: The Supreme Court
"A law embodies beliefs that have triumphed in the battle of ideas.”
-Justice Oliver Wendell Holmes
Expected Outcomes
To understand the evolution of the Supreme Court in relation to the other branches of power; to appreciate the difference between the “original intent” and “judicial activist” philosophies; and to critically evaluate the political and cultural importance of major Supreme Court decisions.
Overview
I. The Legal Framework
Most American laws are based on the English legal system. The body of judge-made law is referred to as common law. The U.S. Constitution, State Constitutions and statutes - laws passed by Congress or State Legislatures - are sources upon which American law is founded. Common law countries around the world include: United States; Britain, Australia, Canada, India, and New Zealand.
The United States utilizes a dual court system which is comprised of both State and Federal Courts. The rules and principles which are the basis of court decisions are referred to as Case Law. Case law has bearing on future cases that involve similar facts and constitutional issues. The case law or court rule from previous cases establishes the precedents on which future cases will be relied upon in the decision making process. The doctrine of stare decisis means to stand on the decided cases.
A courts authority to hear and decide cases refers to the jurisdiction of the court. According to the Constitution, the accused must receive a fair trial in the jurisdiction in which the crime was committed. Federal Courts have jurisdiction when there is a federal question in the case, when there is diversity of citizenship involved in the case (meaning citizens from different states), and when there are two or more different states or state boundaries involved. When a case is to be heard in Federal Court, courts with limited jurisdiction include Tax and Bankruptcy Courts. These are examples of courts that deal with very specialized issues that do not deal with constitutional issues, but other federal issues.
II. The Judicial Powers
According to Article III of the Constitution, the judicial power of the United States would be vested in one Supreme Court. The actual authority of the Supreme Court was described as:
· “The Judicial power shall extend to all Cases, in Law and Equity, arising under this Constitution, the Laws of the United States, and Treaties made, or which shall be made, under their Authority; to all Cases affecting Ambassadors, other public Ministers and Consuls; to all Cases of admiralty and maritime Jurisdiction; to Controversies to which the United States shall be a Party; to Controversies between two or more States; between a State and Citizens of another State; between Citizens of different States; between Citizens of the same State claiming Lands under Grants of different States, and between a State, or the Citizens thereof, and foreign States, Citizen ...
The common law of England developed over hundreds of years beginning with Anglo-Saxon customs and was impacted by the Norman conquest in 1066. Prior to the conquest, there was no unified national legal system and law was local custom. William the Conqueror developed a centralized administration and law. Gradually, common law courts like the Courts of Exchequer, Common Pleas, and King's Bench developed with their own procedures and rules. When plaintiffs could not access these courts, they appealed to the Lord Chancellor, leading to the creation of the Court of Chancery applying equity principles. The Judicature Acts of 1873-1874 established a unified court system applying both common law and equity. Common law refers to law developed by judicial
The legal system in England and Wales is based on common law and statute law rather than a criminal or civil code. Common law has developed over 1000 years while Acts of Parliament have been enacted since the 13th century. Criminal law is set out entirely in Acts of Parliament while civil law depends more on common law. Scotland's legal system is similar but more influenced by Roman law. Courts include magistrates courts, Crown Courts, the Court of Appeal and the Supreme Court. The police investigate crimes initially and decide whether to charge suspects, with prosecution handled by the Crown Prosecution Service. The legal profession is divided between solicitors and barristers, each with their own regulatory bodies.
This document discusses the court system in Texas. It explains that there are over 3,000 courts in Texas that handle over 10 million cases per year. Cases can be either civil, involving disputes between individuals or corporations, or criminal, involving violations of laws. It describes the different levels and types of trial courts and appellate courts in Texas and their jurisdictions. It also covers topics like how judges are elected in Texas and the role of court decisions in public policymaking.
The document discusses several key topics in criminology:
1. It compares and contrasts different methods of collecting crime statistics such as the UCR, GSS, and self-report studies.
2. It outlines some of the key impacts of the Canadian Charter of Rights and Freedoms on the criminal justice system, including greater legal protections for accused individuals.
3. It describes the division of criminal justice powers between the federal and provincial/territorial governments in areas such as lawmaking and court administration.
Criminal law defines criminal conduct, specifies punishments, and regulates investigation and prosecution of suspected criminals. A crime requires both a wrongful act and criminal intent. Crimes are considered wrongs against society and are prosecuted by the government as the representative of society. The criminal law originated from primitive tribal customs and has developed through various legal codes, common law, and statutory law.
The document discusses the role and powers of the federal courts, particularly the Supreme Court, in American government. It notes that the Supreme Court has the power of judicial review, allowing it to act as a lawmaking body by interpreting statutes and the Constitution. It also discusses how Supreme Court decisions are influenced by the philosophies of its members and cases that come before it. Additionally, it provides an overview of the judicial process, jurisdiction of federal courts, appointment of justices, and limitations on the courts' powers.
This document provides an overview of several key aspects of the Canadian criminal justice system. It compares and contrasts different data collection methods like the UCR and GSS. It outlines the charter of rights and how it impacts the criminal justice system by protecting legal rights. It also describes the division of powers between federal and provincial governments as well as the process from arrest to sentencing. Finally, it discusses specialized courts, search warrants, use of force standards, and jury trials.
CANADA'S SYSTEM OF JUSTICE
Introduction
The Canadian justice system is made up of many people who perform different roles. The court system includes a number of courts and a variety of levels in the court system. As part of their duties, police officers can use force if necessary, make arrests, and search people, houses and vehicles.
The Canadian court system consists of a number of courts and a variety of levels in the court system.
The Canadian court system consists of a number of courts and a variety of levels in the court system. There are three different types of trials: criminal, civil and administrative.
Criminal Trials – these take place in the Superior Court or Federal Court. They involve crimes such as murder, theft and frauds against society (such as embezzlement). In these cases, you may be tried by a judge alone or with two other judges who will hear your case together. You can also appeal if you feel your sentence was unfairly severe or not given enough consideration to your circumstances by an examining magistrate when he/she made his decision on whether to send someone for trial before another judge sitting alone (the jury system).
Civil Trials – these take place in Provincial Courts across Canada where parties must prove their claims against each other through evidence presented during trial proceedings conducted by either juries composed solely from laypersons selected at random from among citizens living within its borders during regular business hours (usually between 9 am -12 noon) once per month during September through June every year without fail since 1888 when British Columbia became part of Confederation."
All rights and freedoms in Canada's Charter of Rights and Freedoms apply to everyone charged with a crime under the Criminal Code.
The Charter of Rights and Freedoms is a document that outlines basic rights and freedoms in Canada. It applies to everyone charged with a crime under the Criminal Code, regardless of whether they are Canadian citizens or not.
All rights and freedoms in Canada's Charter of Rights and Freedoms apply to everyone charged with a crime under the Criminal Code. This means that if you're arrested for any offence, including possession, trafficking or simple possession (or any other criminal offence), then your constitutional protections will apply until proven otherwise by evidence at trial—even if it's later found that your alleged offence did not actually happen!
As a part of their duties, police officers can use force if necessary, make arrests, and search people, houses and vehicles.
- Common law is a body of unwritten laws based on legal precedents established by courts in previous rulings on similar cases.
- The doctrine of stare decisis requires courts to follow these legal precedents when making rulings.
- The U.S. Supreme Court's rulings set binding precedents that must be followed by lower courts. Common law provides consistency and stability in the legal system while allowing some flexibility if precedents become outdated.
Each state has its own court system to apply laws and resolve criminal and civil legal conflicts. Criminal cases involve determining guilt and punishment for breaking laws, while civil cases settle large disagreements over issues like accidents, contracts, divorce, and rights. Courts are presided over by judges who apply the law impartially, while juries decide facts. The O.J. Simpson murder trial was one of the most publicized criminal cases in U.S. history, where Simpson was charged with two counts of murder but ultimately acquitted after a lengthy nine month trial.
The document discusses the sources of law. It identifies the key formal sources of law as legislation, judicial precedents, and treaties. Legislation includes acts passed by parliament and subordinate legislation. Judicial precedents refer to binding case law from superior courts. Material sources that influence legal development include customs, standards of justice, and juristic writings. Non-formal sources lack formal recognition but can still persuade, such as customs, equity, and public policy. Scholars have debated the terminology around "sources of law" and whether it refers to the authority, knowledge, causes, or organs of law.
INTERNATIONAL CRIMINAL COURT - FACT SHEETVogelDenise
17 USC § 107 Limitations on Exclusive Rights – FAIR USE
The International Criminal Court
For more than half a century since the Nuremberg and Tokyo trials, states have largely
failed to bring to justice those responsible for genocide, crimes against humanity and war crimes. With the creation of the International Criminal Court (ICC), the world has begun to fulfill the post-World War II promise of “never again.” The ICC is the world’s first permanent, international judicial body capable of bringing perpetrators to justice and providing redress to victims when states are unable or unwilling to do so. This represents a major stride for international justice. . .
What crimes does the Court prosecute?
The ICC can prosecute and bring to justice individuals accused of genocide, war crimes and crimes against humanity.
How do cases come before the Court?
Cases come before the court in one of three ways: (1) The Court’s Prosecutor can initiate an investigation into a situation where one or more of the crimes has been committed, based on information from any source, including the victim or the victim’s family, but only if the Court has jurisdiction over the crime and individual. (2) States that have ratified the Rome Statute may ask the Prosecutor to investigate a situation where one or more of the crimes have been committed. (3) The U.N. Security Council can ask the Prosecutor to investigate a situation where one or more of the crimes have been committed, even if the crimes occurred in the territory of a state that has not ratified the Rome Statute or was committed by the national of such a state.
What is the U.S. position on the Court?
…the ICC would only investigate cases involving U.S. nationals if the U.S. failed to investigate and, if appropriate, prosecute the individuals responsible. …
With WARMEST Regards,
Community Activist Vogel Denise Newsome
Post Office Box 31265
Jackson, Mississippi 39286
(513) 680-2922
DONATIONS to support the work may be made at:
www.Cash.me/$VogelDeniseNewsome
CONFIDENTIAL/ANONYMOUS Donations may be made at:
https://donorbox.org/community-activist-vogel-denise-newsome
The “.02% DELEGATION” Website: www.vogeldenisenewsome.com
The document discusses the structure and jurisdiction of the United States federal court system. It describes the different types of federal courts, including constitutional courts like the Supreme Court and district courts, and special courts like the Court of Federal Claims and military courts. It explains that constitutional courts have broad jurisdiction over federal law while special courts have narrow jurisdictions over specific areas like veterans benefits or claims against the federal government.
This document discusses four major schools of jurisprudential thought: natural law, positivism, historical, and legal realism. It also outlines the major sources of American law including constitutions, statutes, regulations, case law, and common law. Common law originated in England and was based on traditions and past cases. Under common law, separate courts of law and equity provided different types of legal remedies. While separate historically, modern U.S. courts now provide both legal and equitable remedies. Courts rely on precedent through stare decisis to promote consistency and predictability in legal decisions.
This document outlines the key concepts in legal and constitutional study. It discusses the nature of law and different legal systems. It also examines the institutions that enforce laws such as the judiciary, legislature, and executive. Constitutional law defines the relationship between government entities. Legislation consists of written rules in a constitution and different legal systems. Jurisdiction refers to the power to make legal decisions. The document also outlines the levels of courts in a legal system from higher to lower courts. Finally, it explores international law and how it regulates relations between countries.
This document provides an overview of the English legal system and various aspects of law as a subject for study. It outlines expectations for the AS level law course, exam dates and content which covers legal structures, processes, reasoning and personnel. It then defines different types of law and provides examples of criminal/public law involving the state as well as civil/private law disputes between individuals. Constitutional law and its unwritten nature in the UK is discussed alongside the separation of powers and the changing role of the Lord Chancellor to satisfy that principle.
CJUS 500
Presentation: Courts (Part 1) Transcript
Slide 1
1. The American criminal justice system is a dual court system. This means that we have court structures at both the state and federal levels.
2. There are courts of general jurisdiction and courts of limited jurisdiction.
3. Courts of general jurisdiction here all types of cases whereas courts of limited jurisdiction, only here specific types of cases.
4. Generally, criminal trials fall under the courts of general jurisdiction.
5. There are different organizational structures for trial courts and appellate courts.
6. Each state has a different way of structuring their individual state court systems.
7. Typically, at the state level, there are trial and appellate courts. Each state has a State Supreme Court.
8. Federal courts have jurisdiction to only hear federal-related cases which involve violation of federal laws.
9. The government itself must be prosecuting the case or is somehow party to the lawsuit.
10. The only criminal cases heard by a federal court would be in the instance in which a defendant violated a federal law or in instances where defendants believe the state has actually violated federal law.
11. Majority of prosecutions are not prosecuted in federal courts but rather in state courts.
12. Federal courts have both trial and appellate courts and the “court of last resort” known as the United States Supreme Court.
13. There are a number of specialty courts under the federal court system.
14. For example, members of the United States Armed Forces who have been accused of violating criminal laws for individuals in the military, are tried in courts-martial.
15. Drug courts have been responsible for dealing with nonviolent offenders accused of drug crimes.
16. Members of American Indian tribes can be tried by tribal courts for crimes that have been committed on tribal land.
17. The United States Immigration Court concerns themselves with matters of worker’s compensation and employment benefits.
18. Teen courts are another specialized court that deal with first time, nonviolent, youth offenders.
19. The objective of these teen courts is to deter youthful offenders.
20. Teen peers serve as the prosecution, defense attorneys, and the jury.
Slide 2
1. There are various types of judges known as magistrates, justices of the peace, commissioners, and referees.
2. Magistrates and justices of the peace typically handle minor legal matters.
3. Court commissioners whom are also known as referees, generally preside over earlier stages of the court process and are typically found in juvenile and family courts.
4. They also hear many misdemeanor and felony cases and appeals as well.
5. United States Supreme Court judges are known as justices.
6. There are various types of prosecutors.
7. Special prosecutors are allocated the authority to investigate and bring upon charges in high profile political scandals.
8. Most states have A ...
ch 6- civics understanding our criminal justice system class 8vansh bansal
The criminal justice system involves law enforcement investigating crimes and prosecuting offenders while also protecting citizens' rights. Police conduct investigations by gathering evidence and witness statements. If they believe there is enough evidence, they may recommend charges. Prosecutors then represent the public interest in ensuring prosecutions are conducted fairly and respect defendants' rights. Judges oversee trials and juries determine verdicts. The right to a fair trial is an important legal concept that aims to respect defendants' rights throughout the legal process according to due process.
The document provides an overview of key concepts related to the Australian legal system and government. It defines important legal terms, explains the hierarchy of courts and distinction between different types of laws. It also discusses why laws are needed in society and how the legal system aims to be just, enforceable and acceptable to communities. The legal system is connected to the federal, state and local governments who are responsible for making and reforming laws in Australia's democratic system.
This document provides an overview of key concepts in law. It defines law as rules and regulations enforced by a legislature to govern society. It discusses different types of law including constitutional law, criminal law, civil law, and more. Key differences between civil and criminal law are outlined. Sources of law are explored, including legislation, judicial precedents, equity, religion, and customs. Specific laws and court cases are referenced as examples. Classification of laws and an overview of the Sri Lankan legal system are also summarized.
CJUS 500
Presentation: Courts (Part 1) Transcript
Slide 1
1. The American criminal justice system is a dual court system. This means that we have court structures at both the state and federal levels.
2. There are courts of general jurisdiction and courts of limited jurisdiction.
3. Courts of general jurisdiction here all types of cases whereas courts of limited jurisdiction, only here specific types of cases.
4. Generally, criminal trials fall under the courts of general jurisdiction.
5. There are different organizational structures for trial courts and appellate courts.
6. Each state has a different way of structuring their individual state court systems.
7. Typically, at the state level, there are trial and appellate courts. Each state has a State Supreme Court.
8. Federal courts have jurisdiction to only hear federal-related cases which involve violation of federal laws.
9. The government itself must be prosecuting the case or is somehow party to the lawsuit.
10. The only criminal cases heard by a federal court would be in the instance in which a defendant violated a federal law or in instances where defendants believe the state has actually violated federal law.
11. Majority of prosecutions are not prosecuted in federal courts but rather in state courts.
12. Federal courts have both trial and appellate courts and the “court of last resort” known as the United States Supreme Court.
13. There are a number of specialty courts under the federal court system.
14. For example, members of the United States Armed Forces who have been accused of violating criminal laws for individuals in the military, are tried in courts-martial.
15. Drug courts have been responsible for dealing with nonviolent offenders accused of drug crimes.
16. Members of American Indian tribes can be tried by tribal courts for crimes that have been committed on tribal land.
17. The United States Immigration Court concerns themselves with matters of worker’s compensation and employment benefits.
18. Teen courts are another specialized court that deal with first time, nonviolent, youth offenders.
19. The objective of these teen courts is to deter youthful offenders.
20. Teen peers serve as the prosecution, defense attorneys, and the jury.
Slide 2
1. There are various types of judges known as magistrates, justices of the peace, commissioners, and referees.
2. Magistrates and justices of the peace typically handle minor legal matters.
3. Court commissioners whom are also known as referees, generally preside over earlier stages of the court process and are typically found in juvenile and family courts.
4. They also hear many misdemeanor and felony cases and appeals as well.
5. United States Supreme Court judges are known as justices.
6. There are various types of prosecutors.
7. Special prosecutors are allocated the authority to investigate and bring upon charges in high profile political scandals.
8. Most states have A.
This document provides an overview of the nature of law. It defines law and discusses the classification of law into public law, which governs the relationship between citizens and the state, and private law, which governs relationships between individuals. Within public law it outlines areas like constitutional law, administrative law, and criminal law. It then explains civil and criminal law in more detail. The document also discusses the common law system and how equity developed to complement common law. It concludes by outlining sources of legal change and how legislation is made in the UK.
Generally, criminal law are territorial in nature but due to rise of globalization and new forms of criminal activities, it is need to consider the other forms of criminal jurisdiction.
Laws reflect the culture, circumstances, and needs of society to maintain order. The document discusses the evolution of legal systems from individual revenge to centralized court systems. It also distinguishes between common law, developed through judicial precedent, and positive law set by a central authority. Finally, it categorizes different types of laws including constitutional, civil, criminal, procedural, substantive, and business laws. The document provides a broad overview of legal systems, the development of laws over time, and the different classifications of laws.
Criminal law defines criminal conduct, specifies punishments, and regulates investigation and prosecution of suspected criminals. A crime requires both a wrongful act and criminal intent. Crimes are considered wrongs against society and are prosecuted by the government as the representative of society. The criminal law originated from primitive tribal customs and has developed through various legal codes, common law, and statutory law.
The document discusses the role and powers of the federal courts, particularly the Supreme Court, in American government. It notes that the Supreme Court has the power of judicial review, allowing it to act as a lawmaking body by interpreting statutes and the Constitution. It also discusses how Supreme Court decisions are influenced by the philosophies of its members and cases that come before it. Additionally, it provides an overview of the judicial process, jurisdiction of federal courts, appointment of justices, and limitations on the courts' powers.
This document provides an overview of several key aspects of the Canadian criminal justice system. It compares and contrasts different data collection methods like the UCR and GSS. It outlines the charter of rights and how it impacts the criminal justice system by protecting legal rights. It also describes the division of powers between federal and provincial governments as well as the process from arrest to sentencing. Finally, it discusses specialized courts, search warrants, use of force standards, and jury trials.
CANADA'S SYSTEM OF JUSTICE
Introduction
The Canadian justice system is made up of many people who perform different roles. The court system includes a number of courts and a variety of levels in the court system. As part of their duties, police officers can use force if necessary, make arrests, and search people, houses and vehicles.
The Canadian court system consists of a number of courts and a variety of levels in the court system.
The Canadian court system consists of a number of courts and a variety of levels in the court system. There are three different types of trials: criminal, civil and administrative.
Criminal Trials – these take place in the Superior Court or Federal Court. They involve crimes such as murder, theft and frauds against society (such as embezzlement). In these cases, you may be tried by a judge alone or with two other judges who will hear your case together. You can also appeal if you feel your sentence was unfairly severe or not given enough consideration to your circumstances by an examining magistrate when he/she made his decision on whether to send someone for trial before another judge sitting alone (the jury system).
Civil Trials – these take place in Provincial Courts across Canada where parties must prove their claims against each other through evidence presented during trial proceedings conducted by either juries composed solely from laypersons selected at random from among citizens living within its borders during regular business hours (usually between 9 am -12 noon) once per month during September through June every year without fail since 1888 when British Columbia became part of Confederation."
All rights and freedoms in Canada's Charter of Rights and Freedoms apply to everyone charged with a crime under the Criminal Code.
The Charter of Rights and Freedoms is a document that outlines basic rights and freedoms in Canada. It applies to everyone charged with a crime under the Criminal Code, regardless of whether they are Canadian citizens or not.
All rights and freedoms in Canada's Charter of Rights and Freedoms apply to everyone charged with a crime under the Criminal Code. This means that if you're arrested for any offence, including possession, trafficking or simple possession (or any other criminal offence), then your constitutional protections will apply until proven otherwise by evidence at trial—even if it's later found that your alleged offence did not actually happen!
As a part of their duties, police officers can use force if necessary, make arrests, and search people, houses and vehicles.
- Common law is a body of unwritten laws based on legal precedents established by courts in previous rulings on similar cases.
- The doctrine of stare decisis requires courts to follow these legal precedents when making rulings.
- The U.S. Supreme Court's rulings set binding precedents that must be followed by lower courts. Common law provides consistency and stability in the legal system while allowing some flexibility if precedents become outdated.
Each state has its own court system to apply laws and resolve criminal and civil legal conflicts. Criminal cases involve determining guilt and punishment for breaking laws, while civil cases settle large disagreements over issues like accidents, contracts, divorce, and rights. Courts are presided over by judges who apply the law impartially, while juries decide facts. The O.J. Simpson murder trial was one of the most publicized criminal cases in U.S. history, where Simpson was charged with two counts of murder but ultimately acquitted after a lengthy nine month trial.
The document discusses the sources of law. It identifies the key formal sources of law as legislation, judicial precedents, and treaties. Legislation includes acts passed by parliament and subordinate legislation. Judicial precedents refer to binding case law from superior courts. Material sources that influence legal development include customs, standards of justice, and juristic writings. Non-formal sources lack formal recognition but can still persuade, such as customs, equity, and public policy. Scholars have debated the terminology around "sources of law" and whether it refers to the authority, knowledge, causes, or organs of law.
INTERNATIONAL CRIMINAL COURT - FACT SHEETVogelDenise
17 USC § 107 Limitations on Exclusive Rights – FAIR USE
The International Criminal Court
For more than half a century since the Nuremberg and Tokyo trials, states have largely
failed to bring to justice those responsible for genocide, crimes against humanity and war crimes. With the creation of the International Criminal Court (ICC), the world has begun to fulfill the post-World War II promise of “never again.” The ICC is the world’s first permanent, international judicial body capable of bringing perpetrators to justice and providing redress to victims when states are unable or unwilling to do so. This represents a major stride for international justice. . .
What crimes does the Court prosecute?
The ICC can prosecute and bring to justice individuals accused of genocide, war crimes and crimes against humanity.
How do cases come before the Court?
Cases come before the court in one of three ways: (1) The Court’s Prosecutor can initiate an investigation into a situation where one or more of the crimes has been committed, based on information from any source, including the victim or the victim’s family, but only if the Court has jurisdiction over the crime and individual. (2) States that have ratified the Rome Statute may ask the Prosecutor to investigate a situation where one or more of the crimes have been committed. (3) The U.N. Security Council can ask the Prosecutor to investigate a situation where one or more of the crimes have been committed, even if the crimes occurred in the territory of a state that has not ratified the Rome Statute or was committed by the national of such a state.
What is the U.S. position on the Court?
…the ICC would only investigate cases involving U.S. nationals if the U.S. failed to investigate and, if appropriate, prosecute the individuals responsible. …
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The document discusses the structure and jurisdiction of the United States federal court system. It describes the different types of federal courts, including constitutional courts like the Supreme Court and district courts, and special courts like the Court of Federal Claims and military courts. It explains that constitutional courts have broad jurisdiction over federal law while special courts have narrow jurisdictions over specific areas like veterans benefits or claims against the federal government.
This document discusses four major schools of jurisprudential thought: natural law, positivism, historical, and legal realism. It also outlines the major sources of American law including constitutions, statutes, regulations, case law, and common law. Common law originated in England and was based on traditions and past cases. Under common law, separate courts of law and equity provided different types of legal remedies. While separate historically, modern U.S. courts now provide both legal and equitable remedies. Courts rely on precedent through stare decisis to promote consistency and predictability in legal decisions.
This document outlines the key concepts in legal and constitutional study. It discusses the nature of law and different legal systems. It also examines the institutions that enforce laws such as the judiciary, legislature, and executive. Constitutional law defines the relationship between government entities. Legislation consists of written rules in a constitution and different legal systems. Jurisdiction refers to the power to make legal decisions. The document also outlines the levels of courts in a legal system from higher to lower courts. Finally, it explores international law and how it regulates relations between countries.
This document provides an overview of the English legal system and various aspects of law as a subject for study. It outlines expectations for the AS level law course, exam dates and content which covers legal structures, processes, reasoning and personnel. It then defines different types of law and provides examples of criminal/public law involving the state as well as civil/private law disputes between individuals. Constitutional law and its unwritten nature in the UK is discussed alongside the separation of powers and the changing role of the Lord Chancellor to satisfy that principle.
CJUS 500
Presentation: Courts (Part 1) Transcript
Slide 1
1. The American criminal justice system is a dual court system. This means that we have court structures at both the state and federal levels.
2. There are courts of general jurisdiction and courts of limited jurisdiction.
3. Courts of general jurisdiction here all types of cases whereas courts of limited jurisdiction, only here specific types of cases.
4. Generally, criminal trials fall under the courts of general jurisdiction.
5. There are different organizational structures for trial courts and appellate courts.
6. Each state has a different way of structuring their individual state court systems.
7. Typically, at the state level, there are trial and appellate courts. Each state has a State Supreme Court.
8. Federal courts have jurisdiction to only hear federal-related cases which involve violation of federal laws.
9. The government itself must be prosecuting the case or is somehow party to the lawsuit.
10. The only criminal cases heard by a federal court would be in the instance in which a defendant violated a federal law or in instances where defendants believe the state has actually violated federal law.
11. Majority of prosecutions are not prosecuted in federal courts but rather in state courts.
12. Federal courts have both trial and appellate courts and the “court of last resort” known as the United States Supreme Court.
13. There are a number of specialty courts under the federal court system.
14. For example, members of the United States Armed Forces who have been accused of violating criminal laws for individuals in the military, are tried in courts-martial.
15. Drug courts have been responsible for dealing with nonviolent offenders accused of drug crimes.
16. Members of American Indian tribes can be tried by tribal courts for crimes that have been committed on tribal land.
17. The United States Immigration Court concerns themselves with matters of worker’s compensation and employment benefits.
18. Teen courts are another specialized court that deal with first time, nonviolent, youth offenders.
19. The objective of these teen courts is to deter youthful offenders.
20. Teen peers serve as the prosecution, defense attorneys, and the jury.
Slide 2
1. There are various types of judges known as magistrates, justices of the peace, commissioners, and referees.
2. Magistrates and justices of the peace typically handle minor legal matters.
3. Court commissioners whom are also known as referees, generally preside over earlier stages of the court process and are typically found in juvenile and family courts.
4. They also hear many misdemeanor and felony cases and appeals as well.
5. United States Supreme Court judges are known as justices.
6. There are various types of prosecutors.
7. Special prosecutors are allocated the authority to investigate and bring upon charges in high profile political scandals.
8. Most states have A ...
ch 6- civics understanding our criminal justice system class 8vansh bansal
The criminal justice system involves law enforcement investigating crimes and prosecuting offenders while also protecting citizens' rights. Police conduct investigations by gathering evidence and witness statements. If they believe there is enough evidence, they may recommend charges. Prosecutors then represent the public interest in ensuring prosecutions are conducted fairly and respect defendants' rights. Judges oversee trials and juries determine verdicts. The right to a fair trial is an important legal concept that aims to respect defendants' rights throughout the legal process according to due process.
The document provides an overview of key concepts related to the Australian legal system and government. It defines important legal terms, explains the hierarchy of courts and distinction between different types of laws. It also discusses why laws are needed in society and how the legal system aims to be just, enforceable and acceptable to communities. The legal system is connected to the federal, state and local governments who are responsible for making and reforming laws in Australia's democratic system.
This document provides an overview of key concepts in law. It defines law as rules and regulations enforced by a legislature to govern society. It discusses different types of law including constitutional law, criminal law, civil law, and more. Key differences between civil and criminal law are outlined. Sources of law are explored, including legislation, judicial precedents, equity, religion, and customs. Specific laws and court cases are referenced as examples. Classification of laws and an overview of the Sri Lankan legal system are also summarized.
CJUS 500
Presentation: Courts (Part 1) Transcript
Slide 1
1. The American criminal justice system is a dual court system. This means that we have court structures at both the state and federal levels.
2. There are courts of general jurisdiction and courts of limited jurisdiction.
3. Courts of general jurisdiction here all types of cases whereas courts of limited jurisdiction, only here specific types of cases.
4. Generally, criminal trials fall under the courts of general jurisdiction.
5. There are different organizational structures for trial courts and appellate courts.
6. Each state has a different way of structuring their individual state court systems.
7. Typically, at the state level, there are trial and appellate courts. Each state has a State Supreme Court.
8. Federal courts have jurisdiction to only hear federal-related cases which involve violation of federal laws.
9. The government itself must be prosecuting the case or is somehow party to the lawsuit.
10. The only criminal cases heard by a federal court would be in the instance in which a defendant violated a federal law or in instances where defendants believe the state has actually violated federal law.
11. Majority of prosecutions are not prosecuted in federal courts but rather in state courts.
12. Federal courts have both trial and appellate courts and the “court of last resort” known as the United States Supreme Court.
13. There are a number of specialty courts under the federal court system.
14. For example, members of the United States Armed Forces who have been accused of violating criminal laws for individuals in the military, are tried in courts-martial.
15. Drug courts have been responsible for dealing with nonviolent offenders accused of drug crimes.
16. Members of American Indian tribes can be tried by tribal courts for crimes that have been committed on tribal land.
17. The United States Immigration Court concerns themselves with matters of worker’s compensation and employment benefits.
18. Teen courts are another specialized court that deal with first time, nonviolent, youth offenders.
19. The objective of these teen courts is to deter youthful offenders.
20. Teen peers serve as the prosecution, defense attorneys, and the jury.
Slide 2
1. There are various types of judges known as magistrates, justices of the peace, commissioners, and referees.
2. Magistrates and justices of the peace typically handle minor legal matters.
3. Court commissioners whom are also known as referees, generally preside over earlier stages of the court process and are typically found in juvenile and family courts.
4. They also hear many misdemeanor and felony cases and appeals as well.
5. United States Supreme Court judges are known as justices.
6. There are various types of prosecutors.
7. Special prosecutors are allocated the authority to investigate and bring upon charges in high profile political scandals.
8. Most states have A.
This document provides an overview of the nature of law. It defines law and discusses the classification of law into public law, which governs the relationship between citizens and the state, and private law, which governs relationships between individuals. Within public law it outlines areas like constitutional law, administrative law, and criminal law. It then explains civil and criminal law in more detail. The document also discusses the common law system and how equity developed to complement common law. It concludes by outlining sources of legal change and how legislation is made in the UK.
Generally, criminal law are territorial in nature but due to rise of globalization and new forms of criminal activities, it is need to consider the other forms of criminal jurisdiction.
Laws reflect the culture, circumstances, and needs of society to maintain order. The document discusses the evolution of legal systems from individual revenge to centralized court systems. It also distinguishes between common law, developed through judicial precedent, and positive law set by a central authority. Finally, it categorizes different types of laws including constitutional, civil, criminal, procedural, substantive, and business laws. The document provides a broad overview of legal systems, the development of laws over time, and the different classifications of laws.
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1. Hamad khadam
English Legal System
PRIVATE LAW:
Private law regulates private interactions such contracts, torts (or "wrongs" in common law),
and responsibilities under the jus commune. . Public law controls state-citizen ties, whereas
private law rules private connections (Churchland, Patricia, 2011). Domitius Ulpianus, one of
Roman law's five great attorneys, distinguished public and private law; European and
continental legal philosophers and thinkers later classified legal disciplines this way. Public
and private law. Private law prioritizes individual rights, but public law protects Rome. Modern
thinker Charles-Louis Montesquieu clarified this distinction: Law of Nations, Public Law, and
Civil Law in his masterpiece: Because so many countries dwell on such a huge world, the "law
of nations," which governs international relations, is important. For clarity, we'll name the law
that governs ruler-subject relations "political law" because it applies to societies that must be
maintained. Civil law guides private parties' activities in addition to common law. Private law
regulates private interactions such contracts, torts (or "wrongs" in common law), and
responsibilities under the jus commune. Public law controls state-citizen ties, whereas private
law rules private connections (Churchland, Patricia, 2011). Domitius Ulpianus, one of Roman
law's five great attorneys, distinguished public and private law; European and continental legal
philosophers and thinkers later classified legal disciplines this way. Public and private law.
Private law prioritizes individual rights, but public law protects Rome. Modern thinker Charles-
Louis Montesquieu clarified this distinction: Law of Nations, Public Law, and Civil Law in his
masterpiece: Because so many countries dwell on such a huge world, the "law of nations,"
which governs international relations, is important. For clarity, we'll name the law that governs
ruler-subject relations "political law" because it applies to societies that must be maintained.
Civil law guides private parties' activities in addition to common law.
PUBLIC LAW:
Public law affects people's lives in immigration, health, the environment, and education. A
major purpose of public law is to describe the correct relationship between government and its
subjects. Public law also represents the state's exclusive power over the nation. It can formulate
and enforce all laws (Brink, David, 1997). This subject of law is also known as administrative
law and constitutional law (the laws that establish a nation). The state's influence over its people
makes public law crucial to protecting citizens' basic rights and liberties. To conclude, this area
of law monitors the government to ensure it does not violate citizens' rights and promotes just
and lawful authority usage.
CRIMINAL LAW:
Crimes are classified, suspects are caught, convicted, and punished, and ex-convicts are
rehabilitated under criminal law. Criminals are punished to keep the community safe. The
police use their regular authority, the legal system imposes consequences through tort lawsuits,
moral codes taught at home, school, and religious institutions, and business and government
agency policies are all sources of authority. Generally, a crime is a public trespass and a tort is
a private loss, however the distinction might be unclear.
2. Civil Law:
Continental or Romano-Germanic civil law governs 60% of the world. Canon law, based on
Roman law's concepts, categories, and norms, underpins these systems. Even as it becomes
increasingly secular and emphasizes individual freedom, civil law encourages teamwork. The
precise, narrow meaning of "civil law." refers to people, things, and their relationships, not
criminal, corporate, or employment law. Criminal court procedures include receiving notices
to appear in court or submit documents. The suspect may be apprehended, questioned, and
charged before being brought to court. A "defendant" is a person accused with a crime under
Criminal Procedure Rules.
Government prosecutors file formal charges against suspects. The Crown Prosecution Service
usually causes problems. Magistrates are criminal law's initial authority. If the accused pleads
guilty at the first hearing, the prosecution may drop all charges. Crown Courts should only hear
serious cases (Brink, David, 1997). Magistrate's court convicts may be sent to the Crown Court,
where they will face their punishment. One to three judges preside over most municipal court
matters. If needed, an attorney can help. Crown Court matters are heard by one judge. Evidence
and testimony are usually presented to a jury. Initial court sessions are often adjourned. The
court will schedule a trial if the defendant pleads not guilty. The judge will issue discovery
requests, schedule a trial date, and provide trial preparation instructions (called "directions") at
the first court hearing. Whether the defendant pleads guilty or not guilty, the court will review
all evidence and hear prosecution witnesses. Cross-examination allows the accused or his
attorney to question state witnesses. After hearing all prosecution evidence, the defence can
present its case and cross-examine government witnesses. In criminal proceedings, the
prosecution has the burden of proof. If the prosecution presents enough evidence, magistrates
or Crown Court jurors will convict. Crown Court or magistrates' court judges will determine
sentence. Jail time, restitution, community service, and other punishments are possible. The
High Court, Court of Appeal, Crown Court, and Court of Appeal follow the Criminal Procedure
Rules while assessing extradition challenges. Criminal Procedure Rules cover several aspects
of a trial. This page lets you quickly evaluate several regulations in one place. The "notes"
portion of each rule provides additional information and references to applicable laws and
regulations.
HIERARCHY:
MAGISTRATE'S COURT:
The magistrate hears all preliminary criminal cases. A judge may sit on a subordinate court or
a panel of judges. A Magistrate's Court is juror-free. The district judge decides guilt and
punishment. Keep in mind that judges have limits.
Crown Court:
If a case is severe, it may be transferred from the Magistrates' Court to the Crown Court.
Judicial power is unlimited. Assault, robbery, and murder are "indictable crimes." Crown court
juries decide guilt and judges sentence.
3. Civil Court Hierarchy:
County courts tend to hear most civil cases. Each court has specialized Enforcement Agents
who enforce and collect fees. District, circuit, or deputy district judges hear cases. Circuit
judges, the highest-ranking judges, have more power than district judges. District judges may
hear minor claims and fast track.
High Courts:
The Chancery, King's Bench, and Matrimonial divisions make up the three sections of the High
Court. Habeas corpus, judicial review, and civil cases—including conflicts involving
contracts—fall under the purview of the King's Bench. This court is an expansive state-level
judicial body that can handle cases that are considered too complex or expensive for a lower-
level county court. The Chancery and King's Bench were only able to administer justice inside
their respective jurisdictional limits. Cases involving guardianship, adoption, wardship, marital
acts, and noncontentious probate are handled by Family Court. There is a High Court District
Registry in every town in England and Wales, with the main one being kept at the Royal Court
of Justice in London. The Public Registry of Probate, a division of the High Court's Family
Division, exists in every county. The individuals working at this registry are in charge of
confirming the legitimacy of a will and designating a personal representative to manage the
estate of the departed. At the High Court, matters are usually presided over by a single judge.
Cases involving the publication of disparaging remarks and incidents of misconduct by police
enforcement are decided by juries. When county courts hold preliminary hearings—more
precisely, judges' hearings—instead of trials, the High Court acts as the appeal court.
COURT OF APPEAL:
The Court of Appeal handles appeals from clients whose cases were unsuccessful in lower
courts. The Royal Courts in London, specifically the Courts of Justice, are responsible for
handling legal appeals. In the standard method, a jury will comprise three judges. An appeal is
a formal request or petition made to a higher authority, seeking a specific action or decision.
Typically, the higher court, rather than the lower court, must be formally requested to consider
the matter. Appellate Court: The Court of Appeals is responsible for addressing matters of
certification and appeal, even if they are very insignificant. An appeal can only be granted by
the Assize Court/Appeal court if the petition meets stringent criteria. The Supreme Court,
which serves as the ultimate appellate court for cases involving legal issues, hears both criminal
and civil appeals. Typically, a panel of five justices from the judicial committees presides over
cases, however this number is subject to change. Prior to July 31, 2009, with the exception of
the House of Lords, the Supreme Court served as the ultimate venue for appeals. If you disagree
with your sentence from the Crown Court, you have the option to challenge it at the Court of
challenge (Criminal Division). The appellant is required to submit an Appeal Application
within 28 days after being sentenced. This application will serve as the basis for an appeal and
can potentially result in the reversal of the sentence. If your appeal is granted, the full Court of
Appeal will review whether your previous sentence was not legally erroneous or unjust, and
whether your legal entitlements were not violated. The necessity for revision arises when the
court erroneously imposes an immediate jail term on the accused instead of a suspended
sentence or community service. Both the Crown and the accused have the ability to appeal a
sentence in the Court of Appeal separately. However, the defendant's appeal is subject to
greater limitations and necessitates a referral from the Attorney General in order to review a
4. sentence that is deemed too lenient. Legal counsel: There are certain jurisdictions, such as the
UK, where attorneys exert a significant level of influence.
Solicitor:
A solicitor must meet certain legal requirements to practice in a certain country. The 1974
Solicitors Act dictates who can call themselves "solicitors" in England and Wales and what
they must know. Several countries require solicitors to have a law license. Attorneys in England
provide legal advice and preside over court sessions, unlike barristers in the US. In England
and Wales,
Barristers:
barristers are licensed lawyers, along with solicitors. Barristers specialize more in advocacy
(trial work) than attorneys, however the two professions overlap. Solicitors can represent
clients in lesser courts, unlike barristers, who advise and draft documents. High Court clients
can only be represented by barristers. Collectively known as "the bar," judges often rise to the
highest levels from inside. You must enter one of the Inner Temple, Middle Temple, Lincoln's
Inn, or Gray's Inn to become a barrister. Traditionally, barristers must attend a specific number
of formal meals at the local inn. If a student completes all criteria except pupillage, they may
be "called to the bar," receiving the title "barrister" but not allowed to practice law.
LEGAL AID:
A range of court-related costs, such as those connected with hiring an attorney, taking part in
family mediation, or providing testimony in court, may be covered by legal aid funds. This
statute was supposed to guarantee that everyone in America, no matter how much money they
had, could access the legal system. It is now possible for the government to represent you in
criminal and civil cases. But over time, both the categories of cases that qualify for payment
and the total amount of legal aid have grown and shrunk (Cornell, D. L. (1997). A person has
the right to free legal assistance if they are detained and taken to the police station. But in the
event of a civil court appearance, it is crucial to find out if the person can afford legal
representation. Your household income needs to exceed the specified thresholds in order to be
eligible. The assets and disposable income of the partners make up this amount. The ability to
pay for pro bono legal services is a determining factor. Different courts of appeal have
interpreted the same legislation differently, leading to modifications in qualifying conditions.
You are no longer eligible if your gross monthly income is £2,435 or more, or if your liquid
assets exceed £8,000. Even though the requirements for obtaining legal aid have increased,
laws have generally kept up with the times to guarantee that people in need of assistance can
get it. We will talk about the development and reach of legal help programs in the paragraph
that follows. The next significant modification to legal aid was the 1999 enactment of the
Access to Justice Act. The legislation's goal was to modernize the funding and regulatory
framework of the legal aid system to take into consideration the significant developments that
have taken place since the program's founding. The Legal Services Commission was founded
under the Act, which also granted it the power to restructure the way legal aid is provided. To
modernize legal assistance, a new ministerial position was created in 2006, greatly enhancing
the agency's power. Legal Aid offered low-income people legal representation in both criminal
and civil cases. It is evident, though, that the adjustment did not go far enough to reduce Legal
5. Aid expenses. Cuts to Legal Aid funding have once again turned into a political football.
Despite this, after 1949, people's access to the legal system greatly improved. Regretfully, more
restrictive laws were passed in 2013 and drastically cut the amount of money available for legal
aid.
DISPUTE RESOLUTION:
MEDIATION:
This technique involves using an impartial third party to help the parties concerned
communicate and reach a solution. It is crucial that each party take the initiative during the
mediation. We call this type of mediation "party-centered," indicating that the mediator uses a
range of techniques to keep the proceedings moving forward and the parties striving for a
compromise, while also emphasizing the rights, interests, and needs of the parties.
Communication is facilitated and everyone is kept informed by an impartial third party.
Without giving the parties any prescriptive instructions, the mediator evaluates the issue by
looking at the barriers and relevant laws ("reality-testing"). When a dispute has the potential to
go to court, legal mediation is an alternate form of conflict resolution that could help the parties
come to an understanding. An unbiased third party who assists disputing parties in coming to
a resolution is known as a mediator. Mediating disputes in the professional, community, legal,
diplomatic, commercial, and even family spheres can be beneficial.A range of court-related
costs, such as those connected with hiring an attorney, taking part in family mediation, or
providing testimony in court, may be covered by legal aid funds. This statute was supposed to
guarantee that everyone in America, no matter how much money they had, could access the
legal system. Protecting the democratic ideals of equal protection under the law and the right
to a fair trial is largely the responsibility of the legal system.. It is now possible for the
government to represent you in criminal and civil cases. But over time, both the categories of
cases that qualify for payment and the total amount of legal aid have grown and shrunk
(Cornell, D. L. (1997). A person has the right to free legal assistance if they are detained and
taken to the police station. But in the event of a civil court appearance, it is crucial to find out
if the person can afford legal representation.
Your household income needs to exceed the specified thresholds in order to be eligible. The
assets and disposable income of the partners make up this amount. The ability to pay for pro
bono legal services is a determining factor. Different courts of appeal have interpreted the same
legislation differently, leading to modifications in qualifying conditions. You are no longer
eligible if your gross monthly income is £2,435 or more, or if your liquid assets exceed £8,000.
Even though the requirements for obtaining legal aid have increased, laws have generally kept
up with the times to guarantee that people in need of assistance can get it. We will talk about
the development and reach of legal help programs in the paragraph that follows. The Access to
Justice Act, which was passed into law in 1999, was the law that brought about the subsequent
significant change to legal aid. The purpose of the legislation was to bring the funding and
regulatory framework of the legal aid system into the modern era so that it could take into
account the significant changes that have occurred since the program's inception. In addition
to granting the Legal Services Commission the authority to reorganize the manner in which
legal aid is provided, the Act was responsible for the establishment of the commission.
6. A new ministerial position was established in 2006 with the purpose of modernizing legal
assistance, which resulted in a significant increase in the agency's power. People with low
incomes were able to receive legal representation in both civil and criminal cases through the
Legal Aid program. Nevertheless, it is readily apparent that the modification did not go far
enough to reduce the costs associated with Legal Aid. Reductions in funding for legal aid have
once again become a political football during this administration. In spite of this, after 1949,
there was a significant improvement in people's participation in the legal system. It is
unfortunate that more restrictive laws were passed in 2013, which resulted in a significant
reduction in the amount of money that was available for legal aid.
The amount of money that was intended to be spent on legal aid in England and Wales was
intended to be reduced. As a result of this modification to the policy, all civil cases will now
have access to legal representation, with the exception of those that are exempt from the Access
to Justice Act of 1999. The Access to Justice Act, which was passed into law in 1999, was the
law that brought about the subsequent significant change to legal aid. The purpose of the
legislation was to bring the funding and regulatory framework of the legal aid system into the
modern era so that it could take into account the significant changes that have occurred since
the program's inception. In addition to granting the Legal Services Commission the authority
to reorganize the manner in which legal aid is provided, the Act was responsible for the
establishment of the commission. A new ministerial position was established in 2006 with the
purpose of modernizing legal assistance, which resulted in a significant increase in the agency's
power. People with low incomes were able to receive legal representation in both civil and
criminal cases through the Legal Aid program. Nevertheless, it is readily apparent that the
modification did not go far enough to reduce the costs associated with Legal Aid. Reductions
in funding for legal aid have once again become a political football during this administration.
In spite of this, after 1949, there was a significant improvement in people's participation in the
legal system. It is unfortunate that more restrictive laws were passed in 2013, which resulted
in a significant reduction in the amount of money that was available for legal aid. The amount
of money that was intended to be spent on legal aid in England and Wales was intended to be
reduced. As a result of this modification to the policy, all civil cases will now have access to
legal representation, with the exception of those that are exempt from the Access to Justice Act
of 1999.
DISPUTE RESOLUTION:
MEDIATION:
This technique involves using an impartial third party to help the parties concerned
communicate and reach a solution. It is crucial that each party take the initiative during the
mediation. We call this type of mediation "party-centered," indicating that the mediator uses a
range of techniques to keep the proceedings moving forward and the parties striving for a
compromise, while also emphasizing the rights, interests, and needs of the parties.
Communication is facilitated and everyone is kept informed by an impartial third party.
Without giving the parties any prescriptive instructions, the mediator evaluates the issue by
looking at the barriers and relevant laws ("reality-testing"). When a dispute has the potential to
7. go to court, legal mediation is an alternate form of conflict resolution that could help the parties
come to an understanding. An unbiased third party who assists disputing parties in coming to
a resolution is known as a mediator. Mediating disputes in the professional, community, legal,
diplomatic, commercial, and even family spheres can be beneficial.
ADR:
Arbitration can be used to resolve legal matters outside of court. An impartial third party will
rule on the dispute. Unless all parties agree that the arbitration procedure and judgement are
nonbinding, an arbitration award is binding and enforceable in court. International business
issues are sometimes resolved by arbitration. Many countries, including the US, use arbitration
to address consumer and employment disputes, which may prevent class actions. Arbitration
agreements that are voluntary for enterprises but compulsory for consumer and employee
contracts must be distinguished.
Part B
PRIMARY:
The Constitution, Acts of Congress, Executive Orders, and Judicial Requirements are the
highest legal authority. The president, legislature, and judiciary establish laws. Any
government needs these three elements at the national, state, and local levels. Executive branch
rules, orders, and proclamations are administrative law. Presidents can issue executive branch
orders. Government administrative agencies like the EPA create new laws and standards. Laws
are made by the legislature and approved by the executive. The judicial branch writes opinions,
cases, and verdicts, which are published in case reports. As its name implies, "common law"
comes from courts. A predefined set of abstract concepts codified by legislation defines the
adversarial system, while individual judges create doctrine in the common law system. Time
will rationalize the common law. Law's "stare decisis" principle requires courts to apply the
same reasoning as analogous cases.
SECONDARY:
Secondary legislation refers to laws created by ministries or organizations under an Act of
Parliament. This document supplements the Acts when needed. Enforcing regulations and
ensuring compliance requires this information. Secondary laws are best for changing or
expanding basic laws. When more is known about a substance's risks, governments employ
secondary legislation like the Misuse of Drugs Act of 1971 to outlaw it.
HRA:
On October 1, 2000, (HRA) Act 1998 in the UK took effect after getting Royal Assent on
November 9, 1998. It aims to align British legislation with the Convention rights abuse victims
had to exhaust their options before the European Court of Human Rights in Strasbourg. No
federal department or agency may violate the Convention, per the Act. British courts should
likewise study Strasbourg court opinions and interpret statutes in accordance with the
Convention. The judiciary cannot ignore a Congressional Act that violates the Convention. The
Human Rights Act supports Parliamentary Sovereignty because it does not invalidate
8. Parliament's Act. The twelve rights to life, freedom, and security guaranteed by the Convention
on Human Rights. Both first and sixth meetings add five. Many use "unqualified rights" to
emphasize the unchanging nature of ethical norms. Judges shouldn't dispute the validity of
governing body decisions. Thus, asking if a Convention Right was violated is enough.
EU AS A SOURCE OF LAW:
According to Declaration 17 of the Treaty of Lisbon, EU case law is considered final and
obligatory in all circumstances, recognizing its superiority as a source of law. Professor Weiler
then discussed "bi-dimensionalism," which maintains that the CJEU will set the standard and
local courts will enforce it. Cases like Van Gend en Loos v. Nederlandse Administratie der
Belastingen and Costa v. ENEL define supremacy for the CJEU. These two rulings ruled that
Member States' acquiescence to a new legal system fundamentally restricted their sovereign
powers. Constitutional plurality results from many systems, such as the EU and domestic
system, each having its own constitutional power. Often referred to as case law or judge-made
law, judicial precedent is commonly utilized in legal systems that follow English common law.
Though imperfect, civil law regimes have incorporated the idea. The body of judicial rulings
is called "precedent" in legal terms. The court opinions in key cases are stored for posterity and
employed widely as teaching materials in legal academe because of their historical value.
Judges must follow these standards because they lack legislative oversight.
SI:
Past judgments are authoritative and may help decide comparable cases (Okur, PINAR)
(2021). Lawyers use "precedent" to refer to a previous rule or decision. Per the Dictionary of
English Law, precedent is "a judgement of a court of justice that is relied upon to support a
thesis for which it is desired to argue." Due to the president's flexibility, the judge may use
"justice" instead of "the law" in the decision. The term "statutory interpretation" refers to how
courts interpret laws. Our research demonstrates that courts often use statutory interpretation
to clarify a statute's meaning even when its text is unambiguous. Even while standards of law
are quite evident, their terminology may be ambiguous or missing in particular. Allow me to
demonstrate the point with an example. The Oxford English Dictionary provides many
instances and information on each word's multiple meanings. Therefore, many judges would
struggle to make court decisions without legislative interpretation. The courts must follow
standard statutory interpretation standards to determine a statute's meaning. The literal rule is
the fastest and easiest way to grasp a document. Judges were to interpret statutes based on their
text, not politicians' intentions. In reading legislation, courts must be literal. However, judges
cannot alter the law to suit a particular result. Literal rules are easy to include into the
constitutional concept.
MORALITY AND LAW:
In order to cultivate harmonious and fruitful interactions among individuals who hold mutual
regard for each other's entitlements, the principles of law and morality serve as two normative
systems that oversee and control human conduct. Both principles originate from a recognition
of the distinct worth of each individual. Both parties derive advantages from this collaboration.
9. Positive law addresses the deficiencies of morality in practice by including the principles of
solidarity and responsibility. However, it cannot be implemented in a purely mechanical
manner due to the constraints imposed by justice and accountability. A multitude of legal
philosophers have addressed the intricate connection between ethics and law. Law and morality
are commonly perceived as conflicting, while certain individuals may regard both as
complementary. Some individuals hold the belief that the principles of law and morality are
closely interconnected. Consequently, they refuse to accept those who violate the law due to
their absence of morality. It might be contended that morality and the rule of law are tightly
interconnected and mutually reinforcing. In order for the latter group to comply with a rule that
is intended to regulate their behavior, the rule must possess moral validity. Legislation should
be crafted with this perspective in mind to guarantee the safety of all citizens and promote the
collective welfare. Consequently, every proposed act must strike a balance between the state's
urgent requirements and its long-term objectives. Habermas argues that the legitimacy of law
and ethics is contingent upon their rational foundation. IMPACT ON
LEGISLATION:
Parliament, being a democratic institution, must evaluate several factors in order to establish
optimal laws for the government and the people. There are multiple circumstances that compel
legislators to reassess their previous judgments before enacting new laws. The Judicial
Commission is just one of several commissions involved, along with the press and the general
public. The media exerts significant influence on the legislative process by informing and
influencing the public. Media mediums, including television, newspapers, radio, and the
Internet, are frequently employed to exert influence on legislative choices. The media possesses
the capacity to enlighten the general public of the negative aspects of proposed legislation.
Newspapers and other media outlets are commercial enterprises, and as such, they may slightly
exaggerate the facts in order to appeal to a larger audience and maximize their financial gains.
Rupert Murdoch, a single media tycoon, possesses and exercises dominion over an extensive
array of media outlets, encompassing newspapers, television networks, and magazines such as
The Times, The Sunday Times, The Sun, and the Sky channel.
Rupert Murdoch exerts significant influence on politicians by integrating his own perspectives
into his media conglomerates. The public expresses its opinions by expressing issues, and if a
sufficient number of parliamentarians share those sentiments, they may vote to amend existing
legislation or enact new laws. Parliament can also be swayed by "pressure groups," which are
organizations or groups that exert influence on parliament to adopt a specific position on an
issue or case. Several influential lawmakers are also affiliated with potent lobbying
organizations that employ diverse tactics to sway politicians. An effective strategy is lobbying,
which involves directly engaging with a lawmaker or government official to advocate for a
desired change in legislation. Marching, protesting, striking, and lobbying are various forms of
direct action that utilize the power of pressure groups to influence legislators. Several advocacy
groups produce pamphlets and distribute them through the news media to raise awareness about
their cause. The decision-making body of Parliament can be swayed by various factions and
interest groups that prioritize different concerns. Groups having a shared objective and a
10. collective understanding of the most efficient means to achieve it deploy lobbying and other
forms of collective action.
Organizations such as the League Against Cruel Sports played a crucial role in advocating for
the amendment of the Hunting Act to ban the exploitation of animals for sport and
entertainment. They fulfill several roles to assist parliament in the adoption of legislation. The
Law Commission, headed by a high court judge, is responsible for the task of modernizing the
law. The commission has four commissioners and a team of administrative staff, supported by
the executive and legislative branches. The commission's main duty is to examine, modify,
modernize, and streamline laws due to the possibility that they may become obsolete, hard to
understand, or burdensome. The commission was founded and bestowed with its authority to
function under the Law Commission Act (1965). In order to preserve its autonomy, the law
commission is prohibited from conducting inquiries into grievances or suggesting novel
legislation; rather, it must function within the confines of established laws. The credibility and
legitimacy of the law commission enhance the significance of its findings and increase the
likelihood of the government adopting them. The commission dedicated a span of five years to
complete the Offences Against the Person Act, which encompasses numerous additional
legislations. However, only around half of the commission's recommendations were approved
by parliament.
BIBLIOGRAPHY
Bentham, Jeremy. "An Introduction to the Principles of Morals and Legislation." New York:
Prometheus Books, 1988.
Brink, David. "Kantian Rationalism: Inescapability, Authority, and Supremacy." In Ethics and
Practical Reason, edited by Garrett Cullity and Berys Gaut, Oxford: Oxford University Press,
255-291.
Churchland, Patricia. "Braintrust: What Neuroscience Reveals About Morality." Princeton, NJ:
Princeton University Press.
Aquinas, Thomas, wrote the Summa Theologiae in Paris. Baier's book, titled "The Moral Point
of View," was published by Cornell University Press in Ithaca, NY.
Baumard, Nicolas, Jean-Baptiste André, and Dan Sperber (2013) propose a mutualistic
perspective on morality in their article titled "A Mutualistic Approach to Morality: The
Evolution of Fairness by Partner Choice". The article was published in the journal Behavioral
and Brain Sciences, volume 36, issue 1, pages 59-78. The article's DOI is
10.1017/S0140525X11002202.