LEGAL_SYSTEM 英美国家概况 教学课件.ppt

The structure of the courts Criminal (crimes) Civil law(interests conflict) The legal system in England and Wales -The House of Lords, Court of Appeal and High Court are all in London. -The Crown Courts and County Courts will hold trials in the main towns or cities of the regions. Judicial Precedent Inside the court Nobody is above the law -Independence of the judiciary: Lord Chancellor Judges—Basic principle of judicial independence Lay people: -Magistrates -The Jury Sentencing -No dealth penalty, life imprisonment, suspended sentence, probation, compensation, disqualification from driving and (for the young) youth custody, community service, short disciplinary training Outside Court—the professionals 14th century and two branches: barristers and socicitors -6,000 practising barristers and 60,000 practising solicitors Barristers (Advocates in Scotland): plead the case in court Socicitors Barristers (Advocates in Scotland): Plead the case in court; 2/3 of practising barristers work in london; Solicitor sends notes of the case called brief to the clerk Remain isolated: objectivity Known as counsel in court Wear formal dress in court, i.e. a wig and gown Socicitors: Prepare the case for the barrister before the court hearing; Now appear as advocate in a court of justice; Know as legal advisors to the general public; Cover a range of business from house conveyancing, probate, and litigation including family disputes. Problems raised by the system Out-dated wig and gown elitist system Uneducated jury The End * * * * * * * * * * * * * * * * ENGLISH LEGAL SYSTEM  A Short Introduction I. The Doctrine of Separation of Powers a model for the governance of democratic states closely linked to the RULE OF LAW John Locke (1690) – “if the same person has the power to make laws and execute them, they may exempt themselves from the laws they make and use the law to their own private advantage” a separate legislature and executive