English Legal System, Coursework Essay Example | Topics and Well Written Essays - 1750 words

English Legal System, Coursework - Essay Example The main feature of the English legal system is that it is living and constantly evolving to work in the future as well as it did in the past1. Thus the single most unique feature of the English legal system is its inheritance from common law2. Most of the characteristics commonly linked to English law and its management of righteousness are traceable to the early on growth in Western Europe of the civil and common law customs. According to Goodman (1995), "several characteristic consequences flow from the fact that law did not emanate from one centralised authority such as papacy, king or parliament. The odd growth of the common law in England developed it appears from a coincidence resemblance of the implementation after the Norman take-over by consecutive monarchs of native customs as the foundation for the governance of justice. Conflict assessment, chiefly concerning land title, was a key function for justice. Judges were nominated by the king to tour the country and decide controversies, aided by a local adjudicator included by the Normans into operational royal courts. The trial accepted a key role in the settlement of disputes. Wilson (1995) states that "Everyone takes for granted the fact that law and legal systems differ in different countries. But it is also true of legal scholarship. One reason for this is the different responsibilities legal scholars have in different countries for the maintenance and development of the local law...One result is that legal scholars in different countries may have different agendas and this may affect the subject matter, scope and even the form and style of the local legal scholarship." (Source: http://www.chriswallis.com/uni/cnlaw231l01.pdf accessed on November 5 2009). To bring about a faith to the law the courts followed the principle of stare Decisis.3 This is referred to as the doctrine of precedent. The courts are divided into two (IALS Conference, Learning from Each Other: Enriching the Law School Curriculum in an Interrelated World). They are: i. Superior courts; ii. Inferior courts. The House of Lords is the superior court but it is a UK court since it practices appellate authority for all the three legal systems.4 The Superior Courts are known as the Supreme Court from November 2009. The Supreme Court consists of the High Court, the Crown Court and the Court of Appeal (IALS Conference, Learning from Each Other: Enriching the Law School Curriculum in an Interrelated World). The doctrine of precedent's role in the English legal system is very important since common law is a vital basis of law in the English legal system. This is opposite to the European legal system as it is founded on legal examples and possibilities. A lot of stages of study have to be conducted under a common law jurisdiction so that it can be understood as to what the law is. The facts of the law have to be understood first and then any relevant statutes or legal cases have to be located. Finally the principles 3. Meaning "let the decision stand". 4. However the jurisdiction is not universal. For example, whilst there is a right of appeal to the House of Lords against civil actions in Scotland no such right exists for criminal matters. and the decisions used in the case are used for the future