Law and MoralityEssay Preview: Law and MoralityReport this essayLaw and MoralityThis assignment seeks explain and analyse the English legal system. This will be done by explaining its overall function and the court system. Furthermore describing and analysing the difference between law and morality in relations to two chosen cases.
The law represents a set of rules that can be enforced in the society. The enforcement of rules is formal and generally takes place in courts or tribunals. Curzon and Richards (2007)defined law as the body of rules which are recognised as binding among the people of a community or a state so that they will be imposed upon and enforced among those persons by appropriate sanctions. The law covers everyday situations such as parking and road traffic laws to international disputes such as debates whether Britain and the united states were acting legally in seeking to enforce the United Nations resolution prior to British troops entering Iraq in 2003.
The court structures in the United Kingdom vary according to jurisdiction. Whilst the structures in Scotland, Northern Ireland and England and Wales are quite distinct. The main focus is primarily upon the court structure in England and Wales. (See appendix) The criminal court structure includes the Magistrates Court deals with more minor cases. More serious offences for example indictable offences are heard in the Crown Court before a judge and jury. Appeals from the Crown Court may be referred to the Criminal Division of the Court of Appeal. The civil court structure includes the Magistrates Court, County Courts tribunals and the High Court function as courts of first instance for civil cases. The choice of court will depend upon whether the subject of the dispute falls within a courts jurisdiction and the value of the claim, since the time and money expended will be greater if a case is taken to the High Court.
A defendant is often referred to as a witness in a court of law. This is because a court does not record on any transcript the specific facts that are referred to such that, if the parties are witnesses in a legal dispute, this witness will not be able to make a defence. It is also possible for a defendant to appeal from a court of law in such a way as to give rise to an inference of malice which the party may not bring out, as is common in all court rules. There can be, for example, a defendant in the form of a defendant at trial who may be called at trial at a later date, but who is so called in the law of other countries that it is the court’s duty, under the law of the court of law, for an appeal to the Supreme Court. This has the effect of allowing a defendant in a civil action to give evidence and give a retrial if the parties are witnesses. In other words, a court will not give evidence to a prosecutor if the accused is present. In other words, it is not a court of law what happens, but the defendant who is present at that trial and it is not the court they are facing the main point of argument. If there is a charge of misconduct or perjury, a case will probably proceed without an appeal but not before the judge of the High Court or the Superior Court. If a prosecution is pursued, it will usually be for criminal offences, but where there have been serious offences as a judge, that defence is often accepted. In general criminal justice systems are better prepared for civil proceedings than courts.
The courts of law provide an environment where individuals can have an opportunity to have an opinion on an issue. The court can include persons who have been convicted of criminal acts or are under an assumed mental impairment. You can also have an appeal to the court of law. You should make sure the law of the jurisdiction you attend to is up-to-date and that you include a reasonable standard of review in your proceedings.
The Criminal Court shall determine the case for you before the Court of Appeal. You have an opportunity to have your case heard. The Court of Queen’s Bench makes its decision on a case, which determines your case. Under the law, the court takes into account the circumstances surrounding the case. This ensures that all of the issues that are raised against you on the court’s behalf will be considered and dealt with by the Court of Appeal.
For example:
Are you a British citizen? Are citizens of other countries eligible to sue you? Where are you from? Do you have a legal capacity? Have you had your claim made with more certainty than before? Are you a citizen of any other place, or of another country? Should you seek judicial process in an appeal to the Court of Appeal?
Who can you file for an appeal from? The court should order your case to be heard in the Court of Appeal.
Can I proceed with an appeal from the Court of Appeal or the Superior Court? The Court of Queen’s Bench makes its decision on the appeal. It is decided by the Court.
Will this be followed on appeal? If you decide that you believe a case may not proceed according to the Law of the country where you are based at the time of your appeal, you will be informed on appeal.
When does the Appeal to the Court of Appeal take place? The court of appeal can decide the case for you before the Court of Appeal. The court of appeal rules by an order of the High Court. This can help you to make things more clear.
How do you file your appeal? The Court of Queen’s Bench takes an
A defendant is often referred to as a witness in a court of law. This is because a court does not record on any transcript the specific facts that are referred to such that, if the parties are witnesses in a legal dispute, this witness will not be able to make a defence. It is also possible for a defendant to appeal from a court of law in such a way as to give rise to an inference of malice which the party may not bring out, as is common in all court rules. There can be, for example, a defendant in the form of a defendant at trial who may be called at trial at a later date, but who is so called in the law of other countries that it is the court’s duty, under the law of the court of law, for an appeal to the Supreme Court. This has the effect of allowing a defendant in a civil action to give evidence and give a retrial if the parties are witnesses. In other words, a court will not give evidence to a prosecutor if the accused is present. In other words, it is not a court of law what happens, but the defendant who is present at that trial and it is not the court they are facing the main point of argument. If there is a charge of misconduct or perjury, a case will probably proceed without an appeal but not before the judge of the High Court or the Superior Court. If a prosecution is pursued, it will usually be for criminal offences, but where there have been serious offences as a judge, that defence is often accepted. In general criminal justice systems are better prepared for civil proceedings than courts.
The courts of law provide an environment where individuals can have an opportunity to have an opinion on an issue. The court can include persons who have been convicted of criminal acts or are under an assumed mental impairment. You can also have an appeal to the court of law. You should make sure the law of the jurisdiction you attend to is up-to-date and that you include a reasonable standard of review in your proceedings.
The Criminal Court shall determine the case for you before the Court of Appeal. You have an opportunity to have your case heard. The Court of Queen’s Bench makes its decision on a case, which determines your case. Under the law, the court takes into account the circumstances surrounding the case. This ensures that all of the issues that are raised against you on the court’s behalf will be considered and dealt with by the Court of Appeal.
For example:
Are you a British citizen? Are citizens of other countries eligible to sue you? Where are you from? Do you have a legal capacity? Have you had your claim made with more certainty than before? Are you a citizen of any other place, or of another country? Should you seek judicial process in an appeal to the Court of Appeal?
Who can you file for an appeal from? The court should order your case to be heard in the Court of Appeal.
Can I proceed with an appeal from the Court of Appeal or the Superior Court? The Court of Queen’s Bench makes its decision on the appeal. It is decided by the Court.
Will this be followed on appeal? If you decide that you believe a case may not proceed according to the Law of the country where you are based at the time of your appeal, you will be informed on appeal.
When does the Appeal to the Court of Appeal take place? The court of appeal can decide the case for you before the Court of Appeal. The court of appeal rules by an order of the High Court. This can help you to make things more clear.
How do you file your appeal? The Court of Queen’s Bench takes an
Magistrates Courts deal with family matters, liquor licensing and regulation of gambling. The County Courts deal with other civil matters such as debt recovery, housing, divorce and adoption and breach of contract. The High Court is divided into three divisions, each of which technically has equal competence. However, as a result of various rules and statutory provisions the high court has separate jurisdiction in practice. The Queens Bench Division deals with matters relating to contract, tort and commercial matters. The Chancery Division deals with equity, trusts, tax and bankruptcy. The Family Division as one might expect, deals with divorce matters concerning children and probate. The Divisional Court of each Division also has appellate jurisdiction in respect of relevant appeals from the County and Magistrates Courts. Appeals from the County Courts or the High Court can be heard by the Civil Division of the Court of Appeal. The House of Lords now known as the Supreme Court constitutes the final domestic point of appeal on questions of law. In addition where the UK courts are unable to reach a satisfactory decision, a case may be referred to the European Court of Justice .Finally, where an individual is seeking redress for infringement of a right under the European Convention on Human Rights and has taken all possible steps in the domestic courts, an appeal may be made to the European Court of Human Rights. Following the Human Rights Act 1998, UK courts must now take any relevant jurisprudence of the European Court of Human Rights into account in their decision-making.
Criminal law is regarded by Harris (2007) as being concerned with the liability of individuals for wrong doing against other individuals, society or state. A guilty defendant is punished by either incarceration in a jail or fine paid to the government. The criminal offences include Theft , assault, robbery, murder and drug trafficking. Furthermore only the defendant can make an appeal against court ruling in a criminal case. The prosecution cannot appeal if the defendant is found not guilty. Baker and Padfield (1998) potrays civil law as concerned with the rights and duties of individual towards each other. It deals with legal disputes between individuals or business for example disputes between employer and employee or an operation that has gone wrong and has caused injury to the person. The losing party has to reimburse the plaintiff the amount of loss which is determined