Chapter 9,Basic principles of English law? Whats the idea behind natural law and natural justice? p217 Common Law, Statute Law & Case law? p218 Precedence? p218 Structure of the courts p219 Magistrates, jurors. Professional training? p220 Death penalty abolished? P222 Sentencing Problems in the British legal system? p225 Whats the significant difference between barristers and solicitors? How important is the difference? P223-225 Presentation: the jury system in Britain and the people jury system in China Terms: cross-section, Inns of Court, law society, Nuremberg War Crimes Trials p234-235,Basic principles of English law,The rule of law 法律原则 Everybody is subject to the law. Laws must not be arbitrary. There is only one body of law. convention The rights of the individual are to be respected. Natural law 自然法 An immoral rule can never be made into a real law simply by being passed through a national legislature. Natural justice 自然正义 Moral perspective http:/www.chinacourt.org/article/detail/2007/04/id/245507.shtml,Basics,Common law 习惯法 the Common Laws Statute law 成文法 Case law 判例法 Equity 衡平法 Criminal law Civil law Community law 共同(体)法 the European Court of Human Rights p218 Precedence, precedent 先例, 判例 certainty p218 Who is responsible for law-making? p218 Are judges supposed to make law? p218 Death penalty abolished? p222 Magistrates, juries professional training? p220,English judges,The Supremacy of Parliament,Parliament can pass, repeal and alter any of Britains laws. This is one of the major powers that a government has . In theory there is no body that can declare a law passed by Parliament as unconstitutional - though the full impact of the European Court is not yet known. But decisions of the European Court must be accepted in the UK.,Two branches of law,Civil law - defines and enforces the duties or obligations of persons to one another. Criminal law - by contrast, defines and enforces the obligations of persons to society as a whole.,The legal system in England and Wales p219,Magistrates courts 治安(官)法庭 Summary offence 即决犯罪 Committal 提付审议 Tribunals (审理特定案件之)特别法庭 County courts 郡法院 Crown courts 刑事法庭 High court 高等法院 Queens Bench Division 王座法庭 Chancery Division 大法官的法庭 dealing with equity (衡平法): the principle of justice which may be used to correct a law, when that law would cause hardship in special cases Legislature and judiciary p317,Lawyers in two branches: Barristers and solicitors p223-225,Barrister, a trial lawyer, whose principle work lies in advertising solicitors about particular branches of law and in the oral presentation of cases in court (英有资格在任何法庭作辩护的)出庭律师 Solicitor, a consultant lawyer, who has a more general knowledge of law and deals directly with the client and instructs the barrister (英承办案件起诉,辩护及其他法律事务的)初级律师, 诉状律师 Responsibilities The major difference Numbers Training and work solicitor brief clerk barrister (objectivity),Inside the court p220-222,Nobody is above the law. -Independence of the judiciary -Appointment of judges -the use of professionals and lay people -The twelve person jury system Judges basic principles of judicial independence appointment, experience, non-political? discrimination Lay people Magistrates Who are they? Responsibilities Is there a jury in a magistrates court?,The jury,Number Who Responsibilities Problems which might arise?,Potential or Possible Disadvantages of the Jury System,Jurors may have a lot of difficulty following arguments and/or evidence in a complex case. Evidence shows that gender or race discrimination and prejudice still exist among some jurors. Juries are likely to be influenced by one dominant personality among their members and also , by the impression they pick up from the judges summing-up, rather than solely from the facts presented to them during the hearing. Jurors are more easily swayed by emotional witnesses accounts or barristers appeals, and sometimes do not pay as much regard to facts or documentary evidence as expected.,Potential or Possible Disadvantages of Lay Magistrates,The system of Lay Magistrates ensures that critical decisions affecting personal liberty, reputation and rights are taken by ordinary individuals. So there is an analogy with trial by jury in the Crown Court, except that there a Judge rules on the law, whilst the jury decides the facts of the case. Magistrates do both of these things. As for potential or possible advantages and disadvantages of Lay Magistrates, some of the same things as above will apply e.g. gender, race. In addition, an extra advantage of the system is that magistrates handle the bulk of criminal cases (95%) preventing the higher courts from becoming overloaded with cases.,In a Magistrates Court,Problems in the English Legal System,outdated practice system elitist weak points of jury system advantages and disadvantages of the jury system lay magistrates See p225,A comparison with China,China The law-ma