The English Legal System

2021 ◽  
Author(s):  
Alisdair Gillespie ◽  
Siobhan Weare
Keyword(s):  
Criminal Justice ◽  
Dispute Resolution ◽  
Legal System ◽  
Alternative Dispute Resolution ◽  
Justice System ◽  
Judicial Independence ◽  
Civil Litigation ◽  
Legal Aid ◽  
System P ◽  
Civil Justice System

The English Legal System presents the main areas of the legal system and encourages a critique of the wider aspects of how law is made and reformed. The book is structured in five parts. Part I looks at the sources of law including domestic and international sources. Part II looks at the courts and the practitioners. It considers the structure of the courts and tribunals, judges and judicial independence, the legal professions, and legal aid. Part III examines the criminal justice system. It describes issues related to lay justice, trials, and criminal appeals. The next part is about the civil justice system. It looks at civil litigation, remedies, appeals and alternative dispute resolution, as well as the funding of civil litigation. The final part looks to the future.

The English Legal System

2017 ◽  
Author(s):  
Alisdair Gillespie ◽  
Siobhan Weare
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Dispute Resolution ◽  
Legal System ◽  
Alternative Dispute Resolution ◽  
Justice System ◽  
Judicial Independence ◽  
Legal Services ◽  
System P ◽  
Civil Justice System

The English Legal System presents the main areas of the legal system and encourages a critique of the wider aspects of how law is made and reformed. The book is structured in five parts. Part I looks at the sources of law including domestic and international sources. Part II looks at the courts and the practitioners. It considers the structure of the courts and tribunals, judges and judicial independence, the legal professions, and funding legal services. Part III examines the criminal justice system. It describes issues related to lay justice, trials, and criminal appeals. The next part is about the civil justice system. It looks at civil litigation, remedies, appeals and alternative dispute resolution. The final part looks to the future.

The English Legal System

2019 ◽  
Author(s):  
Alisdair Gillespie ◽  
Siobhan Weare
Keyword(s):  
Legal System ◽  
Alternative Dispute Resolution ◽  
Justice System ◽  
Judicial Independence ◽  
Civil Litigation ◽  
Access To Justice ◽  
Legal Aid ◽  
Police Powers ◽  
System P ◽  
Civil Justice System

The English Legal System presents the main areas of the legal system and encourages a critique of the wider aspects of how law is made and reformed. The book is structured in five parts. Part I looks at the sources of law including domestic and international sources. Part II looks at the courts and the practitioners. It considers the structure of the courts and tribunals, judges and judicial independence, and the legal professions. Part III examines the criminal justice system. It begins by looking at police powers and the decision to charge and prosecute a suspect. It describes issues related to lay justice, trials, and criminal appeals, including access to justice and legal aid. The next part is about the civil justice system. It looks at civil litigation, remedies, appeals and alternative dispute resolution, as well as the funding of civil litigation. The final part looks to the future.

8. The Civil Justice System

2020 ◽  
pp. 223-253
Author(s):  
Mark Thomas ◽  
Claire McGourlay
Keyword(s):  
Criminal Justice ◽  
Dispute Resolution ◽  
Similar Pattern ◽  
Justice System ◽  
Civil Justice ◽  
Essential Information ◽  
Legal Structure ◽  
System P ◽  
Default Judgment ◽  
Civil Justice System

Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. This chapter discusses the civil justice system. Civil justice is concerned with the private dispute between individuals in the absence of the state. It seeks to solve disputes before they have had a chance to enter the legal structure, through the use of alternative dispute resolution (ADR). Civil justice follows a similar pattern to its criminal counterpart; however, some of the procedural rules—specifically those relating to evidence—appear to be much more relaxed than in the criminal justice system. During the process of civil justice, a number of issues may arise which would bring the procedure to an end. These issues include ADR, through which parties may decide to settle the case at any point; default judgment, wherein judgment may be entered against a defendant at any point in the proceedings; and offers to settle, known as ‘Part 36 Offers’, in which an individual makes an offer to another without prejudice.

8. The Civil Justice System

2017 ◽  
Author(s):  
Mark Thomas ◽  
Claire McGourlay
Keyword(s):  
Criminal Justice ◽  
Dispute Resolution ◽  
Similar Pattern ◽  
Justice System ◽  
Civil Justice ◽  
Essential Information ◽  
Legal Structure ◽  
System P ◽  
Default Judgment ◽  
Civil Justice System

Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. This chapter discusses the civil justice system. Civil justice is concerned with the private dispute between individuals in the absence of the state. It seeks to solve disputes before they have had a chance to enter the legal structure, through the use of alternative dispute resolution (ADR). Civil justice follows a similar pattern to its criminal counterpart; however, some of the procedural rules — specifically those relating to evidence — appear to be much more relaxed than in the criminal justice system. During the process of civil justice, a number of issues may arise which brings the procedure to an end. These issues include ADR, through which parties may decide to settle the case at any point; default judgment, wherein judgment may be entered against a defendant at any point in the proceedings; and offers to settle, known as a ‘Part 36 Offer’, in which an individual makes an offer to another without prejudice.

8. The civil and commercial justice system

2017 ◽  
Author(s):  
Martin Partington
Keyword(s):  
Intellectual Property ◽  
Dispute Resolution ◽  
Alternative Dispute Resolution ◽  
Justice System ◽  
Civil Justice ◽  
High Court ◽  
System P ◽  
Appeal Courts ◽  
Civil Justice System

This chapter discusses the civil and commercial justice system. It covers the purpose of the civil justice system and alternative dispute resolution. It also covers the use of alternative dispute resolution and the incentives to keep disputes out of the court. It looks at the court structure, the county court, the High Court, the Companies Court, the Admiralty Court, the Commercial Court, the Mercantile Court, the Technology and Construction Court, the Planning Court, the Intellectual Property Enterprise Court, and other courts and offices. It considers possible changes that may follow the transformation project. It also considers routes of appeal and the work of the appeal courts.

English Legal System Concentrate

2020 ◽  
Author(s):  
Mark Thomas ◽  
Claire McGourlay
Keyword(s):  
Criminal Justice ◽  
International Law ◽  
Criminal Justice System ◽  
Legal System ◽  
Justice System ◽  
Case Law ◽  
Civil Justice ◽  
Essential Information ◽  
Domestic Legislation ◽  
Civil Justice System

Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. English Legal Systems Concentrate starts with an introduction to the English legal system (ELS). It then looks at sources of law: domestic legislation, case law, and the effect of EU and international law. The text also examines the court structure. It then looks at personnel of the ELS. It moves on to consider the criminal justice system and the civil justice system. After that, it looks at funding access to the ELS. Finally, it looks to the future of the ELS.

Integrating Alternative Dispute Resolution into South African Criminal Jurisprudence: An Urgent Need for Law Reforms

Politeia ◽  
2019 ◽  
Vol 38 (2) ◽  
Author(s):  
Prince Pius Imiera
Keyword(s):  
South Africa ◽  
Criminal Justice ◽  
Criminal Justice System ◽  
Dispute Resolution ◽  
South African ◽  
Alternative Dispute Resolution ◽  
Justice System ◽  
The South ◽  
Research Problems ◽  
Criminal Jurisprudence

This article argues for the inclusion of alternative dispute resolution (ADR) into the criminal justice administration of South Africa, which will ultimately result in the comprehensive legal transformation of the country’s justice system. Non-traditional dispute resolution processes, which fall within the context of ADR, are globally accepted and have been implemented in different dispute contestations. The argument whether ADR should be applied in a criminal justice context, poses normative questions concerning the function of the justice system, and sociological questions concerning the nature of criminals and crimes. Crime rates in South Africa are high and the criminal justice system may be unable to cope with the floodgates of formal litigation. In this context the article argues for the integration of ADR into the South African criminal justice system. Two major research problems are addressed through reviewing existing literature and doing desktop research. The first aspect concerns the integration of ADR into the South African criminal justice system with a view to effecting law reforms. Second, the question regarding the roles of traditional rulers in resolving criminal disputes is explored. The conclusions reached relate to the need for law reformation in South Africa, particularly in respect of the integration of ADR into criminal jurisprudence, in order to become aligned with other jurisdictions the world over.

ADR’s Place at the Justice Table

2021 ◽  
pp. 382-386
Author(s):  
Elayne E. Greenberg
Keyword(s):  
Dispute Resolution ◽  
Legal System ◽  
Alternative Dispute Resolution ◽  
Justice System ◽  
Court System ◽  
Sociological Perspective ◽  
Two Cultures ◽  
Broad Applicability

As alternative dispute resolution (ADR) innovations become institutionalized into the court system, ADR’s promise to humanize and personalize justice too often becomes co-opted by the more dominant values of the traditional legal system. Professor Menkel-Meadow refers to this co-opting as a “clash of two cultures.” This “clash” is actually the legal system’s ongoing acculturation of ADR, focusing on efficiency and settlement often at the expense of preserving the distinct qualitative benefits such innovations offer the justice system. Why does this co-opting happen? From a sociological perspective, it can also be understood to be an extension of the ongoing feminist struggle to gain voice and legitimacy within the legal system and within broader society. This comment invites the reader to re-examine the institutionalization of ADR innovations through this acculturation lens. Although the focus will be on the institutionalization of court annexed mediation programs, these lessons have broad applicability to many court annexed ADR innovations....

8. The civil and commercial justice systems

2021 ◽  
pp. 218-252
Author(s):  
Martin Partington
Keyword(s):  
Dispute Resolution ◽  
Alternative Dispute Resolution ◽  
Justice System ◽  
Civil Justice ◽  
England And Wales ◽  
High Court ◽  
Justice Systems ◽  
Appeal Courts ◽  
Civil Justice System

This chapter discusses the civil and commercial justice systems. It considers the purpose of the civil justice system and also covers the use of alternative dispute resolution and the incentives to keep disputes out of the court. It looks at the court structure, the county court, the High Court, the newly created Business and Property Courts of England and Wales, and other courts and offices. It considers possible changes that may result from the Transformation programme and the civil and commercial justice systems’ response to the COVID-19 pandemic. It also considers routes of appeal and the work of the appeal courts.

8. The civil and commercial justice systems

2019 ◽  
pp. 210-242
Author(s):  
Martin Partington
Keyword(s):  
Dispute Resolution ◽  
Alternative Dispute Resolution ◽  
Justice System ◽  
Civil Justice ◽  
England And Wales ◽  
High Court ◽  
Justice Systems ◽  
Appeal Courts ◽  
Civil Justice System

This chapter discusses the civil and commercial justice systems. It considers the purpose of the civil justice system and also covers the use of alternative dispute resolution and the incentives to keep disputes out of the court. It looks at the court structure, the county court, the High Court, the newly created Business and Property Courts of England and Wales, and other courts and offices. It considers possible changes that may follow the courts and tribunals transformation project. It also considers routes of appeal and the work of the appeal courts.

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