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ENGLISH LEGAL SYSTEM

Definition of Law It is a formal mechanism of social control Types of Laws: 1. criminal law 2. civil law

Sources of Law a) case law b) legislation c) c) European law A: Case law a) common law b) equity law B: Legislation Legislation is formularization of rules and procedures by the UK Parliament a) Act of parliament b) Delegated legislation a) Act of parliament A statute can only be part of law when it has passed the following procedures and before such times it is known as bill How a bill is passed i. Government green paper ii. White paper iii. First reading iv. Second reading v. Committee stage vi. Report stage vii. Third reading viii. The royal assent b) Delegated legislation Parliament sometimes gives the ability to legislate to other bodies such as government departments local authorities privy council emergency laws C: European Law It is designed to create a single market for European members state to trade freely with each but has since moved on to a closer tie in of a single economic and political union since the Maastricht treaty there are three main sources of European law 1. 2. 3. Primary legislation Subordinate legislation European court of justice ruling

1. Primary Legislation This is the treaty between Paris and Rome which initially created the community and these treaties have been revised under the treaty of Maastricht. It imposes rights and obligation to all the members states 2. Subordinate Legislation * Regulation Directly applicable to all members state no member states need to change its country law or not need to include in national law * Directive Not directly applicable to all members state. Must be incorporate in national law e.g. company law directives * Decisions It directly applicable to a member state or to a person of member state and its requirement is that it must be followed by the recipient unlike all above regulations which all have to follow 3. European court of justice ruling The house of lord is the final court of appeal until the UK joined the European law and now the European court of justice is high court. It observed that European law has been intercepted properly any resolve any issues of dispute. The European court of justice can override any piece of law that has been issued under European law European legislation tends to be principled based not detailed as UK law which tries to ensure that ambiguity is eliminated as far as possible although there are may be conflict between UK law and European law but the European law is fully represented by UK members and vote on all proposed law. If the UK doesnt want to be directed by the European law ultimately parliament could repeal the law which states UK's membership of the European.

STRUCTURE OF COURTS
CIVIL COURTS EUROPEAN COURT OF JUSTICE HOUSE OF LORDS COURT OF APEAL HIGH COURT COUNTY COURT EMPLOYEMENT TRIBUNELS (its decision is final on all European member states) (its decision is final on all UK courts. can repeal here) (can appeal here it hear all appeals from below 3 courts) (small claims)

1 Description of structure European court of justice decision is final if a country is the member of European members. All countries have to follow it and no appeal after European court of justice decision. It resolves the actions between European institutions and the members state. It is superior to house of lords. 2 House of Lords Five law lords hear appeals from court of appeal and exceptionally from high court. 3 Court of Appeal Three lords justice of appeal hear appeals from the high court and county court or other such as: Employment tribunals High court One high court judge in first instance Two or three judges for appeal. Queen bench division Hear first instance cases of contract and tort law

Chancery division It deals with land trusts company law partnership law Insolvency etc it hear appeals from county court on probate and insolvency Family division It hears matrimonial cases County court First hearing on civil claims in contract n tort landlord and tangent and insolvency One district judge hear small claims the hearing was informal One circuit judge hears most fast track and some multi track cases Small claims track deals with simple claims valued at no more than 5000 Fast track deals with moderately valued claims of Between 500 to 15000 Multi task deals with claims of over 15000 and more complex claims Employment tribunal This tribunal composed to one legally qualified chairman and two expert laymen Employment appeal tribunal (appeals only from employment tribunal) It composed one high court judge and two or four expert layman.

CRIMINAL COURTS
European Court of Justice House of Lords Court of Appeal High Court (Queen Bench Division) Crown Court (appeal above to high court or to court of appeal) Magistrate court (it deals mainly criminal cases its appeal goes to crown court or directly high court )