Role WITH THE Civil And Offender Courts Laws Essay

The unlawful and civil jurisdictions have many distinctions and some similarities in the manner they deal with cases. In this court report I will be discussing the role of the civil and unlawful courts by witnessing the law in action and will also compare and contrast the courts.

Hierarchy of the Courts

Below is a simple diagram of the hierarchy of the courts in England and Wales. All criminal cases are observed at the magistrate's judge, but for serious offences such as murder and rape it can be been told at the crown judge. All civil situations start at the state court which deals with a variety of issues from small cases to complex circumstances. If the circumstance goes to charm it'll be observed in the courts listed above and it will follow the courts hierarchy. The doctrine of judicial precedent is also based on the courts hierarchy where in fact the higher courts will bind lower courts on earlier decisions made.

Criminal Jurisdiction: Crown Court

To witness regulations in action in a legal jurisdiction the judge that I stopped at was Minshull Street Crown Court docket in Manchester. The court docket mainly handled 'indictable offences' and 'either way offences', that could be noticed in the Magistrates Court docket or the Crown Judge depending on the actual defendant selects.

During the trip to the court docket I went to a trial which was a rape case. This was regarded as a reconstruction circumstance as witnesses had to be called to reconstruct what had happened in the case. The reality of the circumstance are as follows. The accused, the defendant's sister (X), the sufferer and the victim's sibling (Y) after going to a family group barbeque were quite drunk and they also all visited Y's house. While they were at Y's house they drank more alcohol. At this time the accused and the sufferer were both very drunk. After sense tired, the victim fully clothed went to sleep on the sofa. The defendant slept in another room and X and Y slept in the same room. After waking up a while later the victim realised that she wasn't dressed in the same way that she had opted to sleep and physically felt as though she had sexual intercourse. Sat next to her was the accused. The victim finding the accused ran to her X and Y's bedroom and told them what possessed happened and remained in their room. Finding the victim such as this Y rushed down and assaulted the accused and told him to get out of the house.

The indictment was given to the jury following the facts of the case was informed by the prosecution. The indictment set out the charges which the accused was to be tried out. It contained two issues: the first was whether the accused intentionally penetrated with the sufferer and the second issue of whether the victim consented to have sexual intercourse. The first issue has been admitted by the accused as he claims that he do have sexual activity with the sufferer, however the question remains of whether the victim consented.

This case was heard before a judge and jury. The circuit judge experienced a very effective role during the trial; he had to make sure the case is being conducted accordingly with relevant legislation and practice. The judge's main role in the event was to steer the jury and also to give the phrase in line with the circumstance if the defendant was found guilty. Prior to the trial started the judge aimed the jury on what that they had to do and what they cannot do. For instance, they had to listen to the facts of the case, evidence and see statements and determine whether the accused is guilty or innocent. These were also told never to discuss the truth outside court as the decision they give may be influenced and can not be observed to be just. The instructions which were given were clear and understandable and the jury seemed to have comprehended it.

The jury contains twelve associates as it was a criminal case. These participants were aged 18-70, resided in the united kingdom for five years because the age of thirteen and randomly selected from the electoral register to make it reasonable and represent the society. With a trial by way of a jury it allows normal members of the public to become involved and really know what is happening in regulations. But moreover, it allows the accused to be judged by his own peers. Lord Devlin identifies the jury as 'a little parliament' and is convinced 'it is the light fixture that presents that independence lives'. Clearly, this statement shows that the jury is seen to be an important part of the legal system. The jury not only judges in line with the facts of the circumstance but also mitigates the harshness of regulations as they determine the case relating to what they think is fair and right.

However, sometimes they might not exactly be the right person to provide verdicts as they are not legally qualified but more importantly they may get it wrong. For example, in the case of Pottle & Randal (1991) the defendant was acquitted even though there is data against him. This illustrates the point that the judgement of the circumstance should be kept to the judge and not the jury as sometimes they don't obtain it right. This also contributes to inconsistency and loosing certainty in regulations as the decision will change from jury to jury. Many criticism have been made resistant to the jury system, Darbyshire promises that 'juries aren't random, not representative, but anti-democratic, irrational and haphazard legislators, whose erratic and hidden knowledge decisions run counter to the rule of regulation '.

During the trial the judge did not use the doctrine of judicial precedent when he summed in the case by the end and there was very limited use of statutory interpretation when the legal issue was resolved to the jury. This is because the jury experienced to decide the case and his role was to point them. When the judge summed up the case, following the prosecution and defence offered and questioned their witnesses, he resolved the main items in the event and the legalities with regards to those facts to the jury. This helped the jury to understand fully what they had to do.

The main legal concern that was resolved was the definition of rape. However, the next part of the definition was explained to the jury as the case was concerning this problem rather than the goal of the accused. The next part concerned if the victim had consented and whether the defendant reasonably assumed that she got consented to the sexual intercourse and had 'independence and capacity to make that choice '. The jury was required to take this into consideration and whether the victim could consent while she was drunk. It had been seen that the interpretation of the take action distributed by the judge was presented with using the literal procedure. The plain and common meaning of the term was given to provide effect to parliament's motive.

The decision of the jury was based on the evidence, witness claims and the reconstruction of the case. By the end of the trial the jury received time to decide the verdict. In the precise circumstance the verdict was 'not guilty' and the defendant was acquitted. Your choice was made in secret. At this time it could be argued that sometimes appears as a weakness of the jury once we are not able to understand how they come to such a decision as there is no description given.

Civil Jurisdiction: County Court

Majority of civil instances are heard at the County Court, many of that happen to be private. Due to the matters being private many will try and fix their dispute beyond court, with very few cases going to trial. However, if the parties wish they could still go to court with t heir state.

Some civil courts that we attended been told many private disputes which were unavailable for the general public to sit in at. However, at Manchester County Court I could show up at a trial, this is a property case. The overview of the circumstance was mentioned by the prosecution at the beginning of the trial. The facts of the circumstance are the following. The defendant and the claimant resided mutually for sixteen years. In 1989 they purchased a house that was under the claimant's name. In 1996 the house was remortgaged and the claimant sold the home to the accused for 85, 000 at a earnings of 20, 000. The money obtained was used to pay off the mortgage repayment by the claimant that was 44, 000 and the rest (31, 000) was placed into the claimants precious metal deposit bank account. When the property was first purchased it was seen as a jv by the parties even although property was under the claimant's name. However, following the property was sold to the defendant it was stated that the there was no trust arising between them and it was forget about or a minimum of only a remortgaging exercise. However the claimant says that even after the remortgage they were still living alongside one another and the house was regarded as a joint venture and they both still got a close relationship before the split up in 2006. The issue arising in cases like this is whether there is a relationship between the claimant and defendant in order for the claimant to acquire her share of the property.

This circumstance was listened to by a district judge only. The role of the judge was to determine the facts also to apply relevant rules to the case accompanied by a reasoned judgement at the end of the trial. The accused and the claimant were both combination analyzed by the prosecution and the accused and were also questioned by the judge on certain conditions that was regarded as important. This allowed both parties to provide their viewpoint and evidence to support their argument in the case.

During the trial the doctrine of judicial precedent was used by the prosecution to support the debate he was presenting. To determine that there is trust between your two celebrations Lord Hoffman's affirmation in a residence of Lord circumstance was used where it sated that trust can be established between the people. The doctrine of judicial precedent performs an important role in the English legal system. It really is based on stare decisis where the previous decision of a higher court stands. That is seen to be binding on all lower courts. So it will be seen that the judge must consider the truth when the judgement is given. However, the judge might not exactly have to check out the previous case and can differentiate it on the foundation that the reality of the case are different, if the facts of the case will be the same the case can be utilized.

Many people can go to court to resolve their dispute. However, there are alternative methods designed for civil cases somewhat than going to trial.

Alternative Dispute Resolution

Alternative Dispute Quality (ADR) is another approach to resolving a dispute rather than going to trial. 'ADR is part of a continuing contest over the dominance of courts in the apparatus of state regulation '. ADR may be more relevant to civil issues than criminal matter as it mainly targets disputes involving get-togethers, however, it could also be used in criminal matters with regards to the character of the case. Both litigation and ADR have their advantages and weaknesses when the techniques are employed. ADR is cheap, less formal, adaptable and quicker compared to litigation. But most significant of most it protects the relationship of both parties as there is absolutely no winner no looser. However, if celebrations do not bargain it might take miss the dispute to be resolved also the decision made in various kinds of ADR is not lawfully binding such as negotiation, mediation and conciliation.

On the other hands, with litigation it is expensive, formal and a far more complicated process in comparison to alternative ADR. Furthermore, it can be time consuming rather than flexible enough to suit the parties. However, a decision is obviously given at the end, which is officially binding and enforced through the courts. Concerning which method can be used is determined by the celebrations and the nature of the case and exactly how complicated it is to solve. ADR is a more convenient way to resolve a dispute than using litigation as there are many more advantages in using this method than going to court.

Comparison of the Felony and the Civil Court

There are many dissimilarities in the criminal and the civil jurisdiction in conditions of the purpose of action, concern, get-togethers involved, standard of proof, your choice and the courtroom where the case is read (illustrated in the diagram above). Lawbreaker law is concerned with offences contrary to the state. In order for the defendant found guilty the responsibility of facts is on the prosecution to prove that the defendant is guilty beyond realistic uncertainty. The courts of legal jurisdiction are concerned with punishing the wrongdoer. On the other hand, the civil jurisdiction is concerned to resolve the legal dispute between your two private parties. The typical of proof is also different as it is on the total amount of probabilities. These distinctions are mirrored in the circumstances which were noticed at court. For instance, in the legal court the case was to determine that the defendant was guilty of rape beyond fair doubt while in the civil judge there was no need for the prosecution to do this.

Conclusion

Overall, the courts are distinct in the instances that are noticed. The role of the judge in each courtroom was different but was seen to be very important. The courts are seen to be very important for people that bring their reason behind action to court as a person with legal knowledge is able to help them and decision given is binding and officially enforced to do to the party that has been wronged.

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