Tuesday, September 10, 2019
Assess the hierarchical structure of the court system in England and Assignment
Assess the hierarchical structure of the court system in England and Wales. To what extent does the common law doctrine of bindi - Assignment Example England and Wales share common structures in the legal structure and the structure is commonly called the English legal system. Besides the hierarchical structure that defines the court system, the supplication of the various statutes distinguishes the system from other global structures of court systems. The English court system stands unique in the manner of application of the various doctrines of law and observes a characteristic doctrine of precedent. This paper therefore has the main objective of critically assessing the hierarchical structure that is observed within the England as well as Wales court systems. Besides, the paper intends to evaluate the extent to which the doctrine of common law in binding precedent takes effect or is observed within this structure of court system. The report will prioritize the analysis of the main courts in the hierarchy and assess the individual status and functioning concerning the common system with the analysis taking special attention on t he civil courts as against the English criminal courts. Discussion Dating back from the ancient times of Alfred the Great, the English system of law has had great revolutions to stand as it is today. Constant improvements and reformations have been observed which have in one way or another contributed to the making of the English legal system as it is today. ... The English civil system of courts comprises of various courts which include the ââ¬Ëcounty courtsââ¬â¢, the ââ¬Ëmagistrate courtsââ¬â¢, the ââ¬Ëhigh courtsââ¬â¢ the ââ¬Ëcourt of appealââ¬â¢, ââ¬ËHouse of lordsââ¬â¢ as well as the ââ¬Ëhigh courtâ⬠(The English Legal System ââ¬â Overview, nd, para 1-3). The courts follow a hierarchical order where varying powers and provisions are created and enforced by the different levels of the courts. The lowest ranked court in the civil system is the county court, which has primary jurisdiction on debt collection as well as in civil action. The courts often present the most efficient system to deal with such cases, which are often many and it, is preferred for the benefit of cost effectiveness, which the public exchequer as well as the parties to litigation enjoys. The magistrateââ¬â¢s courts in England and Wales have special jurisdictions on family matters where custody orders in relation to children and or matrimonial grievances are addressed. Moreover, this level of court system is mandated to address the issues of adoption cases and have the potential of excluding a person from a family or household. The high court, through the family division is charged with the responsibility of addressing appeal cases from this court. Being both an original as well as an appellate court, the high court provides an opportunity where individuals would start judicial proceedings direct from here and where appeals are made on particular issues as specified. The high court has different divisions which are distinct in regard to roles assigned. There exists no jurisdiction to limit the working of the court and thus it serves the entire England as well as Wales. Besides addressing the civil cases alone, Queens
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