Law is a set of fundamental laws that governs any community. The legal system is a set of procedures for implementing and enforcing laws. It explains the rights and obligations in many ways.
Law means the principles and regulations made by government or authorities.
Types Of Laws
There are different types of law which are following:
Common law and equity law
This was developed by common or local customs, according to this law the only remedy was damage and they were fixed. There is no chance to avoid from damage. For example a child steal food for his family (If we think then we will find that this is a difficult situation for the child which made him helpless to do this) in common law he has to pay damages whether he can not.
In equity law there is a chance to avoid from damage and this law was introduced later to common law. If we look at the above example there is chance of child not to pay the damages because he can claim and make them understand according to his situation.
Private law and Public law
Private law are regarding individuals just like contract law, it happens between two persons.
Public law such as criminal law and constitutional law this involves different persons in a single matter.
Criminal law ad Civil law
|Criminal law||Civil law|
|Purpose is to make people fear of doing wrong||Settle matters between individuals|
|Case by state||Case by individual|
|Prove by prosecution||Prove by individual|
|Threat of punishment||Wrong things not occurred|
These law are made in complicated or unique areas that provide support or make them stable for common laws.
Court facilitate legal system for working. Four functional aspects of court are:
- Criminal and civil law
- Local court
Types of Court
1. Magistrate Court
Usually and mostly this court deals with small local or domestic issue, involves criminal and civil cases. This is the lowest ranked criminal court.
Summary offence can be tried in magistrate court where as Indictable offence can only be heard in Crown court
2. County Court
Deal with almost every kind of case (Civil case only), usually involved in,
- Contract and tort
- Equitable matters
- Probate matters
- Undefended matrimonial
- Miscellaneous matters
3. Crown Court
Hear appeals and solve the problems of magistrate court.
4. High Court
High court is divided into three specialist divisions,
- Queen’s Bench Division (QBD): deals with contract and tort.
- Chancery Division (ChD): deals with Company law, Partnership law, Insolvency etc.
- Family Divisions: deals with matrimonial matters.
5. Appeal Court
This court hears the appeal and solves the matters of county court and high court.
6. Supreme Court
This court hears the appeals from the high court and court of appeal and make the final decision.
Note: The House of Lord is replaced by the Supreme Court on 1 October 2009.
Tribunal is an alterative of court to settle the problems.
|Does not need for specialist||Need for specialist|
|Slow process||Fast process|
|Legal aid maybe available||Legal aid may not be available|
|Strict rules for evidence||Less formal and intimidating|
|Bound by doctrine judicial precedent||Not bound by doctrine judicial precedent|
Doctrine of Judicial Precedent
The system accepted by judges of the decision in earlier or previous cases.
Some cases are Binding ( they must follow in later case) and some are Persuasive (Judge in later case).
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