英美国家概况(英国部分Unit5)
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How does the court system function?
Within different judicial systems, England and Wales have one court system, being the principal one in the country. Scotland and Northern Ireland have their own systems, respectively. The principal court system is divided into criminal and civil courts at various levels corresponding with two kinds of legal proceedings, criminal and civil.
What are the principles of the judicial proceedings?
The United Kingdom has a long judicial history. Its legal system has been emulated throughout the world and many of its key principles and rights are part of US law. The principles derived from British law include the right to trial by jury; the right to due process of law; freedom from unlawful imprisonment, called the writ of habeas corpus; the trial system of prosecution and defence; and the presumption that a person is innocent until proven guilty.
Court system in England and Wales
Court system in Scotland
Criminal cases are tried in district courts, sheriff courts and the High Court of Justiciary. The High Court of Justiciary is the supreme criminal court of Scotland. The main civil courts are the sheriff courts and the Court of Session.
Magna Carta
Law in English and Welsh
The three main sources of English and Welsh law are the statute law, common law and European Union law. (1) Statutes, namely, formal written laws that are passed by the Westminster or Scottish Parliaments, are the ultimate source of British law, which shows the influence of the state in citizens’ lives. (2) Common law is another major source of law, developed over the centuries through court decisions in previous legal cases, called precedents. It has evolved as it incorporates legal decisions made in specific cases, and it remains the basis of British law except when superseded by legislation. (3) European Union law became
Law in Northern Ireland
ቤተ መጻሕፍቲ ባይዱ
In addition to UK statutes affecting Northern Ireland, the Northern Ireland Assembly has had legislative and executive authority for all devolved matters from 2000 and can therefore make laws in Northern Ireland.
Court system in England and Wales
Civil cases are heard in county courts before a single judge. Above the county courts is the High Court, which hears more complicated civil cases. Appeals are heard by the Court of Appeals for the Civil Division, and ultimately by the Supreme Court.
Who are professionals in law? How to enforce law and order?
What are the principles of the rule of law?
• Everyone is bound by the law. • All persons are equal before the law. • Law and order must be maintained through the officials and institutions of the state. • Legal redress is provided for citizens when they feel they have experienced injustice. • The law and legal processes and personnel should be independent from political interference.
Law in English and Welsh
part of British law when the UK entered the European Economic Community in 1973. It is confined mainly to economic and social matters. In certain circumstances, EU law takes precedence over British domestic law such as Acts of Parliament; British courts are obliged to apply EU law in cases where the two conflict.
What are the principles of the rule of law?
What are the sources of law?
How does the court system function?
What are the principles of the judicial proceedings?
Statue of Justice
What are the sources of law?
The law of the United Kingdom consists of several independent legal systems, which use common law principles, civil law principles, or both. England and Wales as well as Northern Ireland use the common law system, while Scotland uses a hybrid system, which combines elements from the common law and the civil law system.
Scottish court system
Court system in Northern Ireland
The legal system of Northern Ireland is in many respects similar to that of England and Wales. It has its own court system: the superior courts are the Court of Appeal, the High Court and the Crown Court, which together comprise the Court of Judicature of Northern Ireland.
Do You Know? Focus In
Do You Know?
What significance does the event shown in the video have?
Do You Know?
II
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Focus In
• Understand the basic principles of the British legal system • Get to know some special features of the British judicial system • Be familiar with the British court system • Have a general idea of the judicial proceedings in Britain • Get acquainted with the legal professions in Britain
Law in Scotland
The main sources of law in Scotland are the common law of Scotland and legislation enacted by the UK or Scottish Parliament, and EU law. Legislation consists of relevant Westminster Acts and Scotland Parliament Acts on devolved matters in Scotland.
Court system in England and Wales
Petty offences (called summary offences) are heard in local magistrates’ courts either by a panel of lay magistrates (called Justices of the Peace, or JPs) assisted by a legally trained clerk, or by a full-time, stipendiary magistrate. More serious offences (called indictable-only offences) are passed on by the magistrates’ courts to the Crown Court to be heard, usually by a judge and jury of citizens randomly picked from the local electoral register. Convictions and sentences from the Crown Court may be taken to the Court of Appeals for the Criminal Division. The final court of appeals is the Supreme Court.