2 British Judicial System * England & Wales* Scotland* Northern IrelandAdvantagesProblemsLawEngland & WalesThe CourtsProcess
3 The Legal System In England & Wales —— Law * Criminal Law* Civil Law* Common law-----is based on custom and interpreted in court cases by judges.* Equity law -----consists of a body of historic rules and principles which are applied by the courts.* European Community law-----is confined mainly to economical and social matters.
4 The Legal System In England & Wales——The Courts * Criminal CourtsCriminalDivisionMagistratesCourtCrownCourtHouseofLordsHighCourtCourt ofAppealTribunalsCountyCourtsCivilDivision* Civil Courts
5 The Legal System In England & Wales—Process The system of precedent——Lawyers and their clients can receive guidance as to the likely outcome of a legal issue by having regard to previous judgments.The adversarial system——The success or failure of a case is determined by the persuasiveness of the parties' arguments, taking into account the evidence accepted by the Court.JuryDecide matter of factDetermine application ofthe lawJudge· Sentencing
6 The Legal System in Scotland and Northern Ireland Scotland — are modeled both on Roman and English law. The Scottish Executive Justice Department is responsible for civil law and criminal justice, including police, prisons and courts administration.Northern Ireland —is similar to that of England and Wales. The Northern Ireland Office under the Secretary of State, has responsibility for policy and legislation concerning criminal law, the police and the penal system.
7 Advantages Open —The courts are open to the public Independent when a trial is going on.Independent— The courts are politicallyneutral.Equal access to justice—Legal Advice and Assistance
8 Problems No written constitution Out-dated Elitist domination ----tradition: wig & gown----valuesElitist domination— pro-ConservativeMale dominationNot reliable
9 Reference: http://www. Britannia.com http://www.cia.gov Contemporary British Culture and Society (Revised Edition)