英国 英美法系

英国英美法系

The British and American Legal Systems

The legal systems of the United Kingdom and the United States are both based on the common law tradition, which is a system of law that is developed through judicial decisions rather than through legislative action. However, there are some significant differences between the two systems.

One of the main differences between the British and American legal systems is the role of judges. In the United Kingdom, judges are appointed by the government and are expected to be impartial and independent. They are responsible for interpreting the law and making decisions in individual cases. In the United States, judges are elected or appointed by the president and are often seen as being more political. They are responsible for interpreting the law, but they also have the power to strike down laws that they believe are unconstitutional.

Another difference between the two systems is the way in which cases are tried. In the United Kingdom, cases are typically heard by a judge and a jury. The judge is responsible for interpreting the law and making rulings on legal issues, while the jury is responsible for deciding the facts of the case. In the United States, cases can be heard

by a judge alone or by a judge and a jury. In cases where a jury is used, the jury is responsible for deciding both the facts of the case and the law.

The legal systems of the United Kingdom and the United States also differ in terms of the types of cases that are heard. In the United Kingdom, there is a distinction between criminal and civil cases. Criminal cases are those in which the state brings charges against an individual for breaking the law, while civil cases are disputes between individuals or organizations. In the United States, there is also a distinction between criminal and civil cases, but there are also a number of other types of cases that can be heard, such as bankruptcy cases and immigration cases.

In conclusion, while the legal systems of the United Kingdom and the United States are both based on the common law tradition, there are some significant differences between the two systems. These differences relate to the role of judges, the way in which cases are tried, and the types of cases that are heard. Understanding these differences is important for anyone who is interested in studying or practicing law in either country.