Law and Legal Expert

the English legal system Before you consider what laws are and how they are introduced into a society or a circumstance, it is necessary to consider. . .

Therefore, we may

human behavior, sometimes, can lead to overall adverse effects, harmful to one or more other physical or repulsive. People have tried to establish some rules, to allow for the proper functioning of societies in which they live, by their nature, the penalty can to avoid chaos.

What’s laws

set of rules governing conduct laws, and those that regulate human behavior in a way that they can on the statutory violation is Men legal laws.

What should be the basis of such rules, the extent of the limitations of man’s actions, who and how to decide and organize them, apply the sanctions, with the safeguards against injustice and as defined by whom and how, and the rise of society require variations of them, and other such considerations, it is essentially, also a part of the law.

It has been Authoritarian Show-law’s intention should be to prevent evil, and moral welfare of society, and there has been a Libertarian View of private morality and immorality is a business and not by law: eg The misleading Act 1967th

PURPOSE /> TEAM
libertarian view is often preferred in order to ensure two things: –

1. Primarily, with minimal conflict with natural law, rules for the survival of society (such as murder, theft, most criminal in nature), against human greed and aggression.

second In the alternative, to take account of growth, and complex situations through. . .

a. A system of review for the settling of disputes, commercial, ec

b. A system of who and how you can change the rules and when necessary

c. A system of recognition of the primary rules themselves as law.

In a non-complex society, an elected assembly should be done, and publish, and sanctions, in particular, criminal law (rules intended primarily for a single society with a common purpose is particularly survival , considered to be best ensured by saying it was essential that the norm is not

departed from, the cohesion and solidarity).

A complex society there is no consensus on the purpose and emphasis of the interdependence between the members of society, deviant behavior would not be a priority, and the purpose and operation of any law would be, in essence, between the conflicting interests of the individual to maintain a reasonable balance mainly through civil law and therefore in E. g. European Law interests of the individual is of paramount importance to the State of.

English law

Classification of English Law, which both influenced by and includes part-and increasingly, international law, it consists of. . .

International and national law

INTERNATIONAL LAW

Britain must respect and meet the expectations of various international agreements in the application of its laws, if binding on it or not, to maintain their political position among other countries, and often those expectations are met by their own, voluntary, containing such laws in English law. This is usually done as a condition for membership in the European Union, and when it is led by Europe as with the level of its water purity and the European Directive on a standard that is common to all Member States of, and as in the case of requirement to treat as binding upon itself eg the Single European Act 1986th

NATIONAL LAW

national law, on the other hand, it is made by the State, the State, and in Britain by its Parliament intended in State, in this case in the UK alone, with variations for Scotland and Northern Ireland, to ensure non-anarchist organization and operation of society, in terms of how small the impact of the fundamental, all written law, which –

private law and public law

civil

private law regulates the dealings of individuals with one another within the state, under such headlines as: –

family law, tort law, real estate law, commercial law

Family law is a good example of laws in this category, it deals with matters such as marriage between individuals , divorce and the issues that arise as related rights, such as child custody, ec Family Law Reform Act 1969th

tort or tort-as some prefer to call it (from the French word for errors, or faults), the individual is right-if without financial assistance from the state, he / she , for not being civil offended by another, sometimes of an organization, in ways no conventional, sometimes, for example, with a very nice distinguishing line, may fall short of being criminal ~ ec negligence, or occupiers’ Liability Act 1957th < br />
property, also known as the Land Law, deals with issues of property, such as land, in practice, regarded as personal, although “all the land belongs to the crown, and also issues of dispute in the minerals and treasure, and housing and the interior, often dealt with by the courts of Chancery-e. g. The Law of Property Act 1925th

Commercial Law consists of laws of great importance in the discussions of individuals with others, such as: –

Mercantile law, consumer law and contract law

Mercantile Law is the original body of law that governed commercial relations ~ the so-called because it concerns transactions of merchants with each other. As it developed, concerned itself also with the relationship between merchants and consumers, and individual agreements between individuals, which later grew into separate laws themselves. Almost exclusively, it is about issues such as competition between businesses, brands and patents, and E. g., switches gears under Act 1982.

Consumer Law is the law, a merchant, it regulates the relations of individual merchants to, eg Quality, and the return of goods purchased, and all say a collective agreement between all consumers and traders, as the Sale of Goods Act 1977 (as amended).

contract law is about, not necessarily regular, individual contracts with other persons, on special terms offered and accepted (if not under duress or coercion), intending to be legally binding on the return , ec The distortions from 1967.

PUBLIC LAW

This branch of the law that governs relations between the state and other states, and between individual and state, under such headlines as: –

constitutional law, administrative law, criminal law

constitutional law is on the system, the framework, by whom and how, and how will the , control, by which the laws made and applied, as the State, eg parliamentary Acts 1911, 1914th

administrative law defines and controls the limits of government, notably the protection against absolute power, so that complaints and appeals from the state eg, the Human Rights Act 1998.

criminal law governs the conduct of persons deemed to be against society, actionably, punishably, the State, eg Crimes against persons be 1861st

The difference between public and private />
The differences are mainly these: –

public law the categories of laws, such as Administrative, Constitutional, Criminal, which means that the State’s conduct in relation to itself, or in relation to society in general, by one or more persons, or the behavior of the individual against society, primarily through one or more other people, in representing the community.

civil law, ie, Family, Tort, Property, Commercial, with its branches, mainly with the state as sole arbitrator in personal or collective relations between individuals.

distinction between criminal and civil law

If THE CRIMINAL LAW …

first It is public law

second It is between the State and the person or entity

third State (Crown Prosecutor) complains, prosecutes)

4th It is registered as Rv-name of the accused (R = Rex / Regina-monarch)

5th Evidence is States, beyond reasonable doubt

6th This is handled by the judge or the Crown Court

7th There is no obligation or Guilty and a sense -imprisonment/community-service/fine and costs if not pay for legal assistance

If the civil …

first It is civil law

second It is between the individual / s and / or organization / s

third The individual / s or organization is

4th The complainant (plaintiff)-v-Defendant (name)

5th Proof is in the balance of probabilities

6th The subject of a County Court or High Court

7th It is a decision and the winner awarded a remedy and, usually, costs

legislative process in England

sources in English law

Important sources of law in England are: –

first Legislation, including delegated legislation. . .

second Precedents (Judge-made law)-which mostly consists of the laws of England and Wales and (different) apply in Northern Ireland (essentially the same in slightly different Scottish law and the laws of many countries of the Commonwealth). . .

third European Union legislation has increasingly become the main source of English law (also expected to meet the European Convention on Human Rights, the extended version of the Universal Declaration of Human Rights)-e. g., the Human Rights Act 1998 (implemented in 2000) included in English and all British law.

legislature, Parliament.

House is the House of Commons and House of Lords, with the Monarch.

lower house are elected representatives ~ mainly from political parties, with committees and “whips” (who work, often with the discipline of its members). With “the sovereignty House”, are in fact meant “superiority” of this House, because Parliament Acts 1911 and 1949 it can pass the House of Lords, and then Queen Anne, in 1707, conventionally, to every act of the Monarch’s agreement always .

The House of Lords is the non-elected representatives, so was knighted by the monarch, as some hereditary Lords (the eldest son inherits the title) and many more and more of Life Peers, almost always on the recommendation of the political parties themselves, the number was limited to those with voting rights by the government at the beginning of the 21st century and its members were considered to be selected by a panel appointed by the Government. The Commons has veto since 1911, unimportant, and since 1949 within a year void, it works in practice, as a chamber of second opinion and its decision is not binding on the House of Commons and have sometimes not been followed.

The Monarch, since 1707, can not veto parliamentary legislation, but must formally consent to it, although she did not personally sign it, before it can become law.

Legislation is a law in the form of a statute. It is formally adopted or made by or by authority of parliament, effectively when agreed to, as a team.

Acts of Parliament “statutes are laws, produced by the Parliament, and also includes less important team, with the leadership of Parliament, delegated legislation.

delegated legislation enables the management of major legislation by the legislature, Health, & Safety Act 1974, the COSSH of 1988.

Statutory Instruments of the Executive Ministers, by other agencies, in an efficient manner that such provisions relating to health and safety, transportation, and on social security and taxation.

Orders in Council is of the monarch with the Privy Council, in emergency, even if the appeal of certain Commonwealth countries. < br />
association is made, mainly by local councils (town hall as, or as part of County Hall), by locally and independently elected city or area mayors and city councils with knowledge of their individual districts. < br />
The benefits of delegation of law is that it allows to save time, expertise and flexibility, the disadvantage is that it gives wide powers to make laws without debate and not get so much publicity that the It acts themselves, and as much known to the public.

Legislating

A Bill is a Bill which normally produces a law-the rule preceded by one or another type of Bill is introduced.

types of bills

The nature of a bill depends on who propose legislation, as follows way…

Public Bills by the Government, proposing legislation that affects the nation as a whole, was introduced to the Criminal Disorder Act 1998, and the access to Justice Act 1999.
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motions by members of Parliament, which may be of national power-the Arbitration Act 1967, Disability Discrimination Act 1996, both began as.

Private Bills of individuals, through a Member of Parliament, affecting fewer, as a bill proposed by University College London Act 1996.

A bill, with some variations depending on its type, before it becomes law, goes through a number of stages.

Stages of a Bill

stages of a bill is, sometimes completely, in compliance to set procedures, readings, both in the Commons and the House of Lords: –

first processing involves formal, mostly, naming the Bill, the date, and provide printed copies of it, usually with no or very little debate about it.. .

The second reading is to explain the Bill, will also discuss the general principles, and vote on it…

Committee stage involves the political parties are represented proportionally, to present their views and expertise available to it, and the Report Stage House was told about them and the bill was voted on.

“Division” sometimes is how the vote on the bill among its members, and when so, is an eight-minute break allowed them and their party whips to discuss it and decide how to vote on it.

third reading, usually, with all the verbal changes in the bill, the final vote.

This procedure was followed by both Houses of Parliament, except that the Bills can not begin at the House of Lords on the to do with issues such as taxation.

Royal Assent means the signing of a bill which has passed through all its previous stages of successful monarch Monarch ~ but need not, and not personally sign- conventional, Monarch can not refuse, and, if not it will become so after a time interval from when a bill becomes a law formally, the law often allows delegated legislation as well.

It is considered necessary to inform the public about the proposed laws and the laws made, and this occurs in different stages, by publishing a White Paper, a Green and a statute, delegated legislation is also in printed form available to the public.
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these procedures can sometimes be confusing: ec, Section 6 of the Employment Protection (Consolidation) Act 1985 was a bill put forward are intended to be of a psychological effect and not the status of law before they put all their phases and become law.

judges right

precedent, briefly. Britain, unlike the United States and countries of the European Union, does not have an written constitution, codes of law adopted by the representatives of the people, is based on English law, common law judges judge-made law interpreting and ~ (including criminal that it is increasingly regarded by the government should not sit as a jury) apply the law. < , br />
Was Written Law-a law, does not exist, they do so under Articles formulated by the English courts, for example: –

The literal Rule -where the Court does not consider the written law to require judicial interpretation, literally takes the words of the Charter …

the golden rule-if they believe the literal meaning of, eg, Absurd any written law, interpret it as they would consider not perverted.

Mischief Rule-if it considers that it must interpret the purpose of the written law of the European Parliament’s intentions, as they do in the context of interpretations Act 1889 – excludes reference to Hansard (official transcript of all words spoken in the put-in their library).

These rules are sometimes confusing stated, and in connection with the appeal, eg from case under Sex Discrimination Act 1975, its stated that “no question of law arises if the court simply misunderstood or incorrect facts” following reference to the precedent that a question of law arises where a decision is “inconsistent with the evidence.”
< br /> A decision in English law, consists of two parts, the “ratio decidendi”, and “related to perceptions of the subordinate” the previous precedent, the operative part, which describes what the principle is ~ the latter it has been said by the way , which is not binding but can be overwhelming.

Until the late 1990s, English courts did not have to justify their decisions, even in civil cases where juries do not normally sit in the UK, European law now requires them to do so, often within a certain time ask to do it.

principle, if not “outstanding” becomes “precedent” binding on all lower courts, and in the court of appeal also on himself.

precedent reported by the Incorporated Council of Law Reporting in Weekly Law Reports (WLR), officially and privately in the EC, the All England Law Reports (AELR). < br />
precedent, at all material respects, the law until it was revoked by a higher national court or the European Court of Auditors, or become obsolete because of a law or of European Union legislation.
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Judge-made law is mainly to have the advantage that they are not rigid and allow for changes faster than it can take parliament to make them handicap-considered that, unlike in the case of the guidelines is the law which is not the elected representatives of the people.

PARLIAMENTARY SUPREMACY

assumption that the Supremacy of the British Parliament for English law, in brief based on the Monarch no longer refuse to give assent to a bill passed by the Parliament, together with the previously is in line with the intentions of Parliament.

the inconsistency of that presumption has been proposed on the fact in the European law (including decisions by the European Court and its national subsidiary “has the power to declare any law made by the British Parliament” not right “and have no legal effect when it is the view of Europe that Britain should not have been such a law-eg. because it is contrary to the Articles of the European Convention on Human Rights) is binding on the UK government and its courts, as in all other Member States about it.

laws in the European Union to continue growing and rapidly changing in the context of commonization of different laws, and in Britain, within a short period of a Department for Constitutional Affairs is created alongside the Lord Chancellor’s Department, also received a Ministry of Justice, it is wise when it might otherwise have resulted, to always check the current laws.