1. English Law Ron Gatepain constructionsite

2. By the end of this lesson you will be able to explain Categories of English law Sources of Law The Court System The Legal Profession constructionsite

3. Categories of English law Criminal Law - Crime Civil Law - Tort. constructionsite

4. Sources of English Law Case (or Common) Law - made by judges. – It has evolved over centuries from the judgment of cases appearing before the courts. – These judgments set precedents against which future cases are judged Legislation - statutes/Acts of Parliament – Primary Legislation – Subordinate Legislation: Statutory Instruments European Community Law (which is binding in all UK Legal systems). constructionsite

5. Sources of English Law Legislation - which includes statutes/Acts of Parliament – Primary Legislation – Subordinate Legislation: Statutory Instruments constructionsite

6. BILL HOUSE OF LORDS HOUSE OF COMMONS FIRST READING Introduces Bill SECOND READING Debate on principles COMMITTEE STAGE Examines in detail REPORT STAGE Tells House & amends THIRD READING Formal – vote taken FIRST READING Introduces Bill SECOND READING Debate on principles COMMITTEE STAGE Examines in detail REPORT STAGE Tells House & amends THIRD READING Formal – vote taken ROYAL ASSENT ACT OF PARLIAMENT constructionsite

7. Sources of English Law Legislation - which includes statutes/Acts of Parliament – Primary Legislation – Subordinate Legislation: Statutory Instruments Case (or Common) Law - made by judges. It has evolved over centuries from the judgment of cases appearing before the courts. These judgments set precedents against which future cases are judged European Community Law (which is binding in all UK Legal systems). constructionsite

8. The Court System The County Court The Magistrates’ Court The Crown Court The High Court The Court of Appeal The Supreme Court The European Court of Justice The European Court of Human Rights. constructionsite

9. The County Court landlord and tenant disputes, eg, possession (eviction), rent arrears, repairs consumer disputes, eg, faulty goods or services personal injury claims (injuries caused by negligence), eg, traffic accidents, falling into holes in the pavement, accidents at work undefended divorce cases and proceedings to end a registered civil partnership some domestic violence cases, but these may also be heard in the magistrates court race, sex, age, disability discrimination cases debt problems, eg, a creditor seeking payment employment problems, for eg, wages or salary owing or pay in lieu of notice. constructionsite

10. The Magistrates’ Court Magistrates’ courts deal with criminal and some civil cases All criminal cases start in the magistrates' court Summary offences – Start & Finish in the magistrates' court – involve a maximum penalty of six months imprisonment and/or a fine of up to £5,000 – defendant is not entitled to trial by jury. constructionsite

11. Civil cases in the magistrates’ court Magistrates can deal with a limited number of civil cases as follows:- some civil debts, eg, arrears of income tax, national insurance contributions, council tax and VAT arrears licences, eg, granting, renewing or taking away licences for pubs and clubs some matrimonial problems, eg, maintenance and removing a spouse from the matrimonial home welfare of children, eg, local authority care or supervision orders, adoption proceedings and residence orders. constructionsite

12. The Crown Court More serious criminal offences which will be tried by judge and jury Appeals from the magistrates court - which are dealt with by a judge and at least two magistrates Convictions in the magistrates court that are referred to the Crown Court for sentencing. – Imprisonment and fines in the Crown Court are more severe than in the magistrates court. constructionsite

13. The High Court Deals with civil cases Hears appeals in criminal cases Has the power to review the actions of individuals or organisations to make sure they have acted legally and justly. constructionsite

14. Divisions of The High Court The Family Division deals with complex defended divorce cases, dissolution of civil partnerships, wardship, adoption, domestic violence The Queens Bench Division deals with large and/or complex claims for compensation. It also deals with a limited number of appeals from magistrates courts or Crown Courts, as well as reviewing the actions of organisations to see whether they have acted legally, and with libel and slander actions The Chancery Division deals with trusts, contested wills, winding up companies, bankruptcy, mortgages, charities, contested revenue (usually income tax) cases etc. constructionsite

15. The Court of Appeal Deals with civil and criminal Civil appeals from High and county court and Employment Appeal Tribunal and the Lands Tribunal. Criminal appeals against convictions in the Crown Court, and points of law referred by the Attorney General following acquittal in the Crown Court or where the sentence imposed was unduly lenient. constructionsite

16. The Supreme Court The Supreme Court is the final court of appeal in the UK for civil cases, and for criminal cases from England, Wales and Northern Ireland. It hears cases of the greatest public or constitutional importance affecting the whole population. constructionsite

17. The House of Lords Was the highest court in the UK until 1 October 2009 when the Supreme Court was established The Lords dealt mainly with appeals from the Court of Appeal, or direct from the High Court, where the case involves a point of law or general public importance Appeals were mostly about civil cases although the Lords did deal with some criminal appeals. constructionsite

18. The European Court of Justice If your problem is one which is covered by European law, your case may be referred to the European Court of Justice (ECJ), based in Luxembourg. This may happen if European legislation has not been implemented properly by a national government, if there is confusion over its interpretation, or if it has been ignored. You must first pursue your case through the national legal system, but the national court can (and in some cases must) refer an issue to the ECJ for guidance (a ruling). The case is then sent back to the national court to make a decision based on the ruling of the ECJ. constructionsite

19. The European Court of Human Rights The European Court of Human Rights, based in Strasbourg, deals with cases in which a person thinks their human rights have been contravened and for which there is no legal remedy within the national legal system. constructionsite

20. The Legal Profession Solicitors. The Law Society is the governing body Barristers. The Bar Council is the governing body. constructionsite