The English Legal System Assignment Sample

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Introduction to the English Legal System Assignment

Task 1

A law refers to the rules and regulations that are created and enforced by government institutions to regulate the country’s activities. Law is a crucial aspect of a nation as it protects individual rights and helps maintain economic stability. This report will include a brief overview of the law and the court structure. It will also shed light on the process of law creation and the responsibilities of individuals working within the court system, offering valuable guidance similar to what students may seek through Online Assignment Help UK.

1. Overview regarding the creating of Law

The law is created after going through the large number of steps and by following a complete process. Mainly, there are six stages after which considered for the law’s development such as:

First reading: The first step involves the generation of idea by the Member of Parliament or government. The proposed idea is known as bill which is discussed either in House of Lords or House of Commons but both the parties need to be agreeing on the idea before the formation of any law. In this, the individual with the initial idea convey the same in the parliament which may be either House of Commons or House of lords.

Second reading: In this, the member’s present idea and thereafter parliament will discuss more about the idea to determine the accuracy of the concerned proposal. After the idea generation, the bill will be discussed in one part that includes the manner in which ideas should be implemented. Then the idea will pass on to the other part in which further discussion will be carried out.

The English Legal System Assignment Sample

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The committee stage: After identifying some potential in the idea, the new idea will be evaluated by some selected people of the Hose of lord and commons that will provide information regarding all the crucial changes. They worked to make the new law more effective and focus on enhancing its acceptability.

The report stage: In this stage, the decision taken by some of the individual are then evaluated by all the people of parliaments so that further changes could be determined.

Third reading: In this, the other part of parliament will look at the ideas and undertake all the steps that have earlier initiated by the other part.

Queen's approval: After discussing the ideas in both the part, if both agreed than the new law will be formed. However, if there is disagreement among both the parties than queen will take decision whether the law should be formed or not which will be the final decision.

2. Overview of the court structure with roles and responsibilities

The court structure of England and Walesa consist of five crucial levels that are as below:

• Supreme court
• Court of Appeal
• High court
• Crown court and country court
• Magistrate’s courts and tribunal court

The Supreme Court is the highest court in England which hears appeals from the inner house of court, court of appeals and the high court.

There are mainly two divisions in the court of appeal which mainly includes civil and criminal. The civil court involves in cases related to family justice and hear apple form the country court and high courts. The criminal court includes the appeals that were initiated in the crown court.

There are three divisions in the high court which includes the Queen’s Bench, family and the chancery division.

The Country court deals with all the civil case whose monetary value of less than 5000 pound such as breach of contract, claim for debt repayment and personal injury issues.

Crown court includes all the complicated case related to the rape, robbery and murder.

Magistrate’s court deal with the simple civil cases such as the family processing’s allocating licence for betting, liquor and gaming.

Immigration, criminal injuries and asylum related cases are discussed in the tribunal service court.

Role and responsibilities:

There is a large number of individual that work together for the effectively working of the court within the England such as judges, barristers, solicitors etc, the role and responsibility of all the individual are as follows:

Judge: In court, judge is accountable to manage all the proceedings and orders related to the concerned case. Further, judge has responsibility to make and announce impartial decisions by applying all the relevant laws and legislation fairly.

Barrister: Legal advisor is referred as the barrister who provides effective legal assistance and focus on evaluating all the strengths and weakness of the client case. They only help in defending the client inside court and did not perform any activity outside the court room.

Solicitor: These are the individuals who get involved in providing legal assistance to the clients and focuses on defending their client within the court room.

3. Overview of precedent

In general, a precedent is defined as a system which ensures that instances and the rules from previous cases are used for providing judgment to the current case. This is a type of system within which the judges consider the facts of a similar case on which the judgement was passed earlier and now they refer to the same kind of case. These precedents are included in the doctrine of stare decisis and intend that the person must apply the law in a similar way as it was applied in the previous case (Lewis, 2021). Particularly in civil law, the hierarchy of court is followed. In case the legal case is filed in the country court, then the country court must follow the case results of the high court in case any similar case has taken place. While working, the high court and the county court are not bound to follow the decision of a similar court. But they are bound to follow the decisions which are made by the Court of Appeal and the House of Lords as well.

Further by referring to the case law of Colchester Estates (Cardiff) v Carlton Industries plc: 1984, it was seen that in case of conflicting decisions, the decision provided by the high court must be considered. This was because of the reason that out of both the decisions, the latter decision was reached to full consideration. Thus, in this case, the landlord needs to leave the preceding according to Section 1 (3) of the Leasehold Property (repairs) Act 1938. While taking the decision, the previous case of the Dictum of Denning J. in Minister of Pensions v. Higham [1948] 2 K.B. 153, 155 was applied (Colchester Estates (Cardiff) v Carlton Industries Plc, 2024). This was the doctrine of the precedent which was followed by the court while coming to a particular set of decisions. Moreover, this case also guided the judges of the current case to make better and more effective decisions. Along with this, there are also some of the cases which have been followed while making the decisions.

Thus, with this, it can be stated that precedents are very necessary to be followed. This is because of the reason that when any judgement of a similar case is present then it acts as guidance which helps in better solving the case (Valvoda et al, 2021). Moreover, when the precedents are followed then it will help the judge to bind the case laws and make the current case more strong. Thus, as a result of this, the overall efficiency of the case is improved and a better result is generated.

4. Analysis of jury system

The jury system is a type of system or the legal process within which a group of people named jurors are selected to analyse the case and provide a better decision. In the criminal cases, majorly the system of the jury is followed. It is the reason that when the jury is recruited then it is much easier to come to the results as the different jurors provide their views and accordingly better decisions are taken (Willmott et al, 2021). In earlier times, the juror was made to witness the sources of information which is provided during the case. But with gradual improvement, for both the criminal and civil cases the jury started to make the decisions. All the evidences were collected by the jury and also the decision was to be taken by jury only. Currently, the jury plays a prominent role in the English legal system and particularly it has a vital role in the criminal justice system as well. The work of the jury is to benefit the public and ensure that this criminal justice system works for the betterment of society.

In support of this, case law relating to R V. Abdroikof & Anor was evaluated that all these three appellants were forced on unrelated charges and in return they appealed to the court against this conviction (R v Abdroikov; R v Green; R v Williamson, 2024). Also, there is not any particular aspect relating to the offence found for which they were convicted. Thus, in this case, the jury was recruited to solve the case and accordingly, the overall working is improved and the jury works in direction of the making better decisions. Moreover, when the jury will not be working effectively then it will be impacting the overall working efficiency and the accurate result will not be outlined. Hence, to solve this, the jury complies with the Criminal Justice Act 2003 and also the Juries Act 1974 act which provides a clear base for how the jury has to be working. In case the jury is not working better the case will not be resolved and ultimately it may affect the working of the company.

5. Overview of the restorative justice

The restorative justice for the victim refers to the providing an opportunity through which the offenders, victims and communities provide information regarding the causes, impact and circumstances of that crime. This includes determining their need and demand of the effected individual after the crime and involves towards addressing all the crucial needs. Restorative justice for the defender refers to the taking responsibility for the loss that has caused due to criminal activity. This involves providing physical, monetary and public apology to the victims for the entire criminal act.

This restorative practice supports the people in recognising the fact that activities impact the victim to a great extent. Due to the case most of the time the victim suffers from anxiety and stress. Thus, the concept of restorative justice helps the victim in analysing the situation well and trying to reduce post-traumatic stress. Hence, with the help of restorative justice, the person is capable of overcoming the loss and consequently, the state of the victim can be improved (Hobson et al, 2022). This restorative justice is assistive in reducing the crime to a great extent. The reason underlying the fact is that when this justice pattern is used then the offender will be made accountable to understand their behaviour and will be allowed to understand its impact on others. Thus, with the help of this, the defender can easily understand what wrong they have done and how it affects the working and behaviours of others. When the person knows that their behaviour will be affecting others then it will impact the overall work and crime will also be reduced.

Conclusion

In the end, it is concluded that complying with the law and legislation is very necessary for effective working. Thus, the above study concluded that the creation of law is very necessary as it provides a clear direction for the effective working of the country. The process of law-making includes many different stages which start from first reading and end at royal assent. Further different courts were analysed which included the Supreme Court, High Court and many others. Also, it was analysed that the doctrine of precedent is very necessary to be followed and the compliance with jury helps in solving criminal cases well. At last, it was analysed that restorative justice is necessary to reduce unlawful cases within the country.

Task 2

Introduction

Alternative dispute resolution (ADR) refers to the various method through which dispute could be resolved without going the court or any trials. This type of dispute resolution supports in maintaining the positive relationship between the parties and helps in gaining the faster results then the litigation. This essay is based on creating awareness regarding the ADR process and the civil justice. It will provide deeper insight about the information regarding the various types of ADR along with the strengths and weaknesses.

1. Types of ADR

There are four major type and methods of ADR through which the issue could be resolved mainly includes independent negotiation, conciliation, mediation and arbitration. Negotiation refers to the process in which both the parties come together to the common agreement after having discussion with each other and making some compromises. This method is effective as it helps in building positive relationship among the parties and it is the most inexpensive method to resolve any dispute. Negotiation method also promotes privacy as dispute not need to be discussed with other individuals. However, the method did not provide any guaranteed solution as no nominees have been involved (Egbunike-Umegbolu, 2024). This is not legally binding method as the agreement could be cancelled.

The mediator method includes the involvement of one more individual who will act as the mediator between the two parties. This method is also suggested by some court as it helps in effectively resolving disputes without impacting the personal relationship. It is the less-expensive and faster method than the litigation (Type of ADR, 2024). However, mediator’s incompetence will result into inaccurate decision and it is more expensive method. Conciliation is another method of ADR that is the compulsory method for resolving dispute between the employee and employers. This includes the conciliator who discusses issue with both the parties and provides a mutual resolution of the issues. This is the cost effective method and helps in maintaining confidentiality & privacy.

On the critical note, less involvement of the parties impact the efficiency of this method and does not provide any guaranteed solution. Arbitrators are the individuals who have expertise in the particular field in which the disputes have been raised. Arbitrators are involved in hearing issue from both the parties. Thus, considering the facts presented by the parties, suggestions and judgement are given by the arbitrators. This method is considered as less expensive in comparison to the litigation (Waters, 2022). However, the biasness of the arbitrators impacts the overall efficiency of the judgement. Civil Justice refers to the manager through which individual could gain the fair judgment due to any harm that has caused by another individual. There are various difficulties due to which individual does not prefer opting for the civil justices.

2. Difficulties in civil justice

Biggest issue of the civil justice is the lack of funds as it has identified that 75% of the trials belong to the weaker section of the society who are unable to pay the fees (Difficulties in civil justice, 2023). Further, the corruption has been increased in the society and the bribery theory has been adopted for the successful working within public offices. Various legal aids are provided for the poorest citizen but individuals who exceed the poverty line are unable to receive any type of aids. The social barrier is the second major obstacle in effectively accessing to the civil court (Nylund, 2022). It has been identified that many individual are unaware of the rights that restrict them to access the courts. Various individuals are not aware regarding the processing of the civil courts and due to miss conceptions individual avoid accessing to the courts. In the civil justice method, there is a lack of privacy and confidentiality due to not opting for the civil justice method for resolving issues. This in turn creates negative image within the society.

There are various legal factors such as incompetency of the advocates, procedural barrier and lack of effective infrastructure that restrict individual to undertake civil justice. There is the large number of benefits and disadvantages that ADR provide in comparison to the civil justice. ADR method helps in saving time and money of both the parties that result in making it more accessibility for all the parties (Sein and Rossi, 2019). The lower income class individual opted for such method as it helps in reducing the economic and social barrier. Whereas, court justice involves providing high amount of fees to the advocates and generally results are provided after many years. On the other hand, the judgement provided through civil justice are controlled and managed by the government that helps in creating legal obligation for both the parties and ensures effective application of the results.

3. Evaluating ADR against dispute resolution

The result opted for the ADR method does not create legal binding that may result into violation of the agreements. It is difficult to get a guaranteed outcome in the ADR method as parties may disagree and did not able to come to any mutual solution. Civil justice does not provide flexibility that result in getting to an accurate and reliable solution that will help in resolving the dispute within parties. In the ADR method there should be active participation of the both the parties but such involvement is not required in the civil justice (Alayed et al, 2019). Further, individuals involved in civil justices have negative impact on their overall reputation as this method does not promote privacy. On the other hand, ADR method emphasizes on resolving dispute in a confidential manner. Meanwhile, it does not create any negative impact on the reputation of the individual.

Conclusion

By summing up the report, it has determined that there are four crucial type of ADR that includes independent negotiation, Mediation, conciliation, and arbitration. Economic, legal and the social barriers are the major obstacles that restrict individual to access to the civil justice. It has determined that civil justice requires huge funds and time whereas ADR could be undertaken in comparatively less time and money. ADR method helps in maintaining confidentially and promotes positive relationship between both the parties.

References

Books and Journals

• Alayed, N., Alkhalifah, B., Alharbi, M., Alwohaibi, N. and Farooqui, M., 2019. Adverse drug reaction (ADR) as a cause of hospitalization at a government hospital in Saudi Arabia: a prospective observational study. Current drug safety, 14(3), pp.192-198.
• Cygan, A., Lynch, P. and Whitaker, R., 2020. UK parliamentary scrutiny of the EU political and legal space after Brexit. JCMS: Journal of Common Market Studies, 58(6), pp.1605-1620.
• Davies, G., 2020. Has the Court changed, or have the cases? The deservingness of litigants as an element in Court of Justice citizenship adjudication. In Free Movement and Non-discrimination in an Unequal Union (pp. 52-70). Routledge.
• Egbunike-Umegbolu, C., 2024. Contemporary Overview of Appropriate Dispute Resolution (ADR). Appropriate Dispute Resolution in Comparative Perspectives: Nigeria, the UK, and the US, pp.1-28.
• English Legal System, 21st Edition by Emily Allbon; Sanmeet Kaur Dua, Published by Pearson
• Hobson, J., Twyman-Ghoshal, A., Banwell-Moore, R. and Ash, D.P., 2022. Restorative justice, youth violence, and policing: a review of the evidence. Laws, 11(4), p.62.
• Lewis, S., 2021. Precedent and the Rule of Law. Oxford journal of legal studies, 41(4), pp.873-898.
• Nylund, A., 2022. Alternative dispute resolution, justice and accountability in Norwegian civil justice. In Frontiers in Civil Justice (pp. 81-100). Edward Elgar Publishing.
• Sein, M.K. and Rossi, M., 2019. Elaborating ADR while drifting away from its essence: A commentary on Mullarkey and Hevner. European Journal of Information Systems, 28(1), pp.21-25.
• Sorabji, J., 2021. The Supreme Court of the United Kingdom and the Court of Appeal in England and Wales: Sharing the Appellate Load. Supreme Courts Under Pressure: Controlling Caseload in the Administration of Civil Justice, pp.155-182.
• Strickson, B. and De La Iglesia, B., 2020, March. Legal judgement prediction for UK courts. In Proceedings of the 3rd International Conference on Information Science and Systems (pp. 204-209).
• The English Legal System, 19th Edition, by Slapper and Kelly, Published by Routledge
• The English Legal System, 31st May 2021 by Alisdair Gillespie; Siobhan Weare, Published by OUP Oxford
• Valvoda, J., Pimentel, T., Stoehr, N., Cotterell, R. and Teufel, S., 2021. What about the precedent: An information-theoretic analysis of common law. arXiv preprint arXiv:2104.12133.
• Waters, B., 2022. Alternative dispute resolution and civil justice: A relationship resolved?. Arbitration: The International Journal of Arbitration, Mediation and Dispute Management, 88(1).
• Willmott, D., Boduszek, D., Debowska, A. and Hudspith, L., 2021. Jury Decision‐making in Rape Trials: An Attitude Problem?. Forensic psychology, pp.94-119.

Online

• Colchester Estates (Cardiff) v Carlton Industries Plc. 2024. Online. Available through: < https://vlex.co.uk/vid/colchester-estates-cardiff-v-805128513>
• Difficulties in civil justice. 2023. Online. Available through: < https://www.ucl.ac.uk/judicial-institute/sites/judicial-institute/files/understanding_civil_justice.pdf >
• R v Abdroikov; R v Green; R v Williamson. 2024. Online. Available through: < https://vlex.co.uk/vid/r-v-abdroikov-r-793824829>
• Type of ADR. 2024. Online. Available through: < https://www.courts.ca.gov/3074.htm>