8. The 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.

6. Personnel of the English Legal System

Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. This chapter looks at the multitude of different professionals, both legal and lay, in the English legal system (ELS). Legal professionals, often referred to as ‘lawyers’, includes such individuals as solicitors, barristers, legal executives, and paralegals. Barristers and solicitors were traditionally two very distinct roles in the ELS. Nowadays, a fusion of roles has occurred, meaning that the two professions are not as different as they formerly were. Meanwhile, judiciary refers to the various judicial ‘offices’ and ‘office-holders’. Law officers are the individuals responsible for the operation of the ELS and include such persons as the Attorney General and the Solicitor General. Court staff are the individuals involved in the day-to-day running of the ELS and include such persons as clerks, ushers, legal advisers, and many other persons. Finally, laypersons refer to a special class of individuals—namely magistrates and juries responsible for trying cases in the Crown Court and magistrates’ court respectively.

5. Sources of Law III: Effect of EU and International Law

Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. This chapter discusses the effect of EU and international law. The UK is a signatory to multiple international institutions. Each of these institutions sets a framework for the UK to operate within, granting certain rights, benefits, and obligations. The most prominent institutions are the EU, the European Convention on Human Rights and Fundamental Freedoms (ECHR), and the United Nations. Although the UK’s continued involvement in these institutions will have a direct impact on the operation of UK law, relations with other states, whether they be good or bad, will also shape the face of the English legal system. The chapter then studies international law, considering basic matters such as the meaning of international law, the doctrine of state sovereignty, and the distinction between public and private international law.

4. Sources of Law II: Case Law

Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. This chapter focuses on case law, a major source of law providing for the interpretation of statutes and the application of law to particular circumstances. Case law, also known as the common law, is a set of judge-made rules that have either a binding or persuasive effect on future cases. Judge-made means that a member of the judiciary has decided a case in a certain way, which has led to the development of that particular piece of law. Certain courts are obliged to follow previous judgments, whereas other can ignore them due to their seniority. Indeed, the doctrine of precedent denotes a system of case law—binding or not—that a lower court may or may not have to follow. Whether precedent is binding is dependent on whether there is a statement of law, as opposed to fact, certain reasoning for that decision (known as ratio decidendi), and the decision of a superior court.

1. Introduction to the English Legal System

Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. This introductory chapter provides an overview of the English legal system (ELS). The study of ELS involves the study of the legal system of both England and Wales; Scotland and Northern Ireland are subject to a separate, yet connected legal system. These four countries are subjected to the laws of the UK; however, each individual constituent has devolved powers allowing them to legislate in particular areas. Where a conflict between laws of the UK and laws of the constituent country arises, the UK law takes precedence. The effect of devolution from the UK to Scotland, Wales, and Northern Ireland does not affect this parliamentary supremacy. Indeed, it has been argued for some time that devolution of power has not gone far enough in allowing Scotland or Northern Ireland to govern themselves.

7. The Criminal Justice System

Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. This chapter examines the criminal justice system (CJS). The CJS is built upon procedural, evidential, and substantive foundations. These foundations dictate its direction and progression. A case will always begin with an investigation by the police or some other investigatory body. An individual may then be charged with an offence where he/she is provided with the option of pleading guilty or not guilty. Trial may follow. Where the defendant’s case will be tried depends on the type of offence in question and, in some cases, the decision of the defendant. A convicted person may appeal against either conviction or sentence for which the defendant will be required to prove why they either should not have been convicted, or why their sentence should be reduced.

9. Funding Access to the English Legal System

Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. This chapter addresses funding access to the English legal system. Funding legal services may be provided publicly or privately. Public funding relates to funding available from the state, whereas private funding specifically refers to the assets and monetary resources available to that specific individual. Only certain individuals are entitled to benefit from public funding, whilst all persons can, in theory, privately fund legal services. Moreover, legal aid—meaning state-funded assistance in legal matters—is available in both criminal and civil cases but is restricted to narrow circumstances and types of cases. The availability of legal aid depends on several tests set by the government. Where legal aid is not available and the individual cannot privately fund their case, pro bono institutions may be available to provide advice.

3. Sources of Law I: Domestic Legislation

Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. This chapter examines domestic legislation. Domestic legislation is created by Parliament, which consists of the House of Commons, the House of Lords, and the Monarch. It is divided into primary legislation and secondary legislation. Primary legislation takes the form of ‘Acts of Parliament’, commonly referred to as ‘statutes’. Statutes can cover a vast variety of laws including criminal law, land law, contract law, and many others. Meanwhile, secondary legislation—also known as delegated legislation or subordinate legislation—is the most common instrument for implementing change within the UK. Parliament has neither the time, the resources, nor the expertise to deal with certain matters. It is for these reasons that the majority of legislation is made outside of Parliament. Accordingly, Parliament may delegate such powers, through an Act of Parliament to other bodies and institutions to implement. Such bodies often include the Privy Council, government ministers, local authorities, and other regulatory agencies.

2. Introduction to Sources of Law and Court Structure

Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. This chapter introduces the various sources of law before proceeding onto a discussion of the courts of England and Wales. The courts of England and Wales can be divided into numerous different classifications. There are three different ways that courts may be classified: criminal and civil courts, trial and appellate courts, and superior and inferior courts. In England and Wales, there is often thought to be a stark divide between criminal and civil courts. Criminal courts deal with individuals who have ‘allegedly’ committed a criminal offence and it is the role of the arbiters of fact to determine the guilt or innocence of a defendant based on the evidence presented before them. On the other hand, civil courts deal primarily with the resolution of private disputes between individuals. Such disputes can include matters of contract law, personal injury, and family law. However, the jurisdiction of some courts is not limited to one area of law, but rather is approachable for both substantive areas of law.