Introduction Judicial diversity has been a continuous topic of discussion in both society and in the English legal system. Currently, the process of the merit system causes a lack of diversity in the English bench, which is highly due to the undiverse characters of the upper reaches of the legal profession. There have been numerous unsuccessful attempts to promote diversity within the judiciary. The Constitution Reform Act 2005 (CRA 2005) was then introduced to ensure selection is based on merit
10th century. It is well established that William the Conqueror brought the jury system to England from Normandy, after witnessing people who knew about a matter to tell a court of law what they knew or in modern terms, to "swear" under oath. The English word “juror” comes from the Old French “jurer” which means to swear. Wherever the jury system began, it has now spread across the globe and has shaped the world today. The right to trial by jury is the basis of the individual freedoms guaranteed by
The Ways Superior and Inferior Judges Are Appointed The Courts and Legal Services Act 1990 brought in significant changes regarding appointment. Traditionally all judges were drawn from The Bar. Positions were not advertised and direct applications for positions were not acceptable. The 1990 Act has increased the pool of prospective judges by making judicial appointments open to solicitors as well as barristers, so long as they have the requisite number of years' experience of advocacy
Introduction From the period of the Anglo-Saxon up to the Norman Conquest back in 1066 and till today, the English common law had significantly innovated and evolved its jury system for a better English Legal System. Early jurors initially acted as witnesses of sources of information but they gradually became adjudicators and further ruminating evidence where a juror should know the utmost minimum about the facts of the case before a trial, in which is the stand today. Jury service is a legally recognised
Woodgreen, the case where an individual was accused of the supply of drugs and theft, where the jury was dismissed. The judge gave legal reasoning for why. In this trial it was due to new information, which had arisen which, could manipulate the verdict given for the first count heard. This is a different approach to of the magistrates court where 3 lay individuals, or a district judge hears the trial the magistrate/s play a big part in the magistrates court, however only after hearing all evidence,
unrestricted legislative power, and the laws it passes cannot be set aside by the courts. The role of judges, in relation to laws enacted by Parliament, is to interpret and apply them, rather than to pass judgment on whether they are good or bad laws. However, evidence has shown that they have a tendency to deviate from their ‘real roles’ and instead formulate laws on their own terms. Thus the real role of a judge in any legal system continues to be a phenomenon questioned by many. We must consider whether
The English legal system refers to the system of law that has developed in England from approximately 1066 (the Middle Ages) to the present . The body of English law includes legislation, common law, and a plethora of other legal norms established by Parliament, the Crown and the judiciary. English law is one of the major European legal systems (the other one being Roman law) and has spread to foreign nations such as Canada, Australia and New Zealand, which also happen to be former English colonies
legislature and cannot be found in the written law. Unwritten law consists of Common Law or English Law, Judicial Precedent and Customary Law. Part of the law in Malaysia is formed by the English Law. There are two conditions to apply English Law in Malaysia where there is “lacunae” in the local statues covering the same matters or the law suits the local circumstances. There are two conditions to apply English law in Malaysia. First, there is a lacunae in the local statues covering the same matter
courts British-'western' sovereignty and royal-like wealth which in turn intimidates members of the community especially from ethnically diverse or disadvantaged groups. I intend to demonstrate the power and authority of judges and the courts by drawing comparisons between the judges status in a court room with royalty and religious pastors, through the observation of attire, title and actual positioning in a court room. The Supreme Court of Victoria Within my court report I chose to focus specifically
law and civil law In this part we are considering two major legal systems, common law and civil law; the first one is neither written or codified it is mainly based on the decisions already made by judges on previous similar cases, it is the system applied by the U.S and the U.K, where a judge makes a decision about a certain case with the help of a jury composed of normal, responsible, and sane group of people from the community. The second system is known as the civil law which is the exact
The composition of the judiciary in the English legal system reveals disparities in terms of its composition against a background of gender and ethnic make-up. The hiring of judges is based on an appointment conducted by the Lord Chancellor. The method of appointment is replete with opacity since the selection criteria remain vague and uncertain. The uncertainty associated with these appointments erodes the public confidence in the judiciary. The appointments largely discriminate against women, and
(2007) The English legal system. 5th edn. London: Hodder Education Accessed 10/11/15 The Supreme Court, Role of the Supreme Court, Available at: https://www.supremecourt.uk/about/role-of-the-supreme-court.html Accessed Online
There are many disadvantages to the use of a Jury in the Crown Court. In the Crown Court, 60% of defendants are found not guilty of the offence. This could be seen to be due to the fact there are 12 people on a jury, making it hard to discuss everyone’s views and come to an accurate decision. Due to the high number of people of the jury, it could be costly as it could take a lot of time for a decision to be made. Trials are also difficult for a jury to understand. In a survey in 1992, jurors took
Judicial Discretion and Interpretation The term judicial discretion means that judges have the power to make more independent decisions in certain legal cases using their discretion. In the legal system of England and Wales, Parliament is sovereign therefore it has the ability to legislate and it is the role of the courts to enforce the statutes. As it is a common law system, courts are also bound by precedent. It is the duty of the judiciary to interpret the statutes and apply precedents. According
Overview Judges preside over and apply the law in trials and legal proceedings in accordance to local, state, and federal laws. They guarantee that trials are conducted as instructed by established rules and procedures and endorse the rights of individuals involved in a legal process. In non-jury criminal trials, judges decide a defendant's guilt or innocence, and in civil cases rule on liability and compensation. Judges can be elected by the public or appointed by governments. Education Judges are generally
of the people; Developing from three English Crown courts of the 12th and 13th centuries who started deciding in disputes were local or manorial courts had jurisdiction before: The Exchequer, The King’s Bench and the Common Pleas. Usually, there are no formal codes, texts or regulations that common law relies on
It has met the res gestae tests set out in R. v. Cohen, R. v. Clark, and R.v. Andrews. However, after extensive thought and study, Judge Campbell found that this case was bound by the decision in the R. V. Dix case. R. V. Dix and R. V. Jobidon have some similarities that pertain to both of them, both were cases where both parties had entered into a consensual fight, and both of the
that are convey the hotness then. Media simply sensationalized the case for few days and abandon it as they discover other "masala" news irrecpective of what amount of imperativeness prior news was. Trial is really effected by the Media sensation. Judges while settling on choice begin acknowledging Media feedback on the off chance that they goes inverse from the perspective of the Media that is the reason in generally prominent cases verdict passes by media turns into the last verdict in trial courts
A lawyer is a person who practices law, as an advocate, barrister, attorney, counselor or solicitor or chartered legal executive. Working as a lawyer involves the practical application of abstract legal theories and knowledge to solve specific individualized problems, or to advance the interests of those who hire lawyers to perform legal services. The role of the lawyer varies greatly across legal jurisdictions, and so it can be treated here in only the most general terms. Terminology In practice
obstinately stated that the judges do create laws. In his work Lectures on Jurisprudence: Or, The Philosophy of Positive Law, Volume 2, he denied the misconception of the judges that they do not create laws. He wrote: “The childish fiction employed by our judges, that judiciary or Common Law is not made by them, but is a miraculous something made by nobody, existing, I suppose, from eternity, and merely declared from time to time by the judges.” (Emphasis added.) The judges do create the law in the