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Introduction to the English and Welsh Legal System
Defining Law can be defined as a body of rules imposed and enforced
law among the members of a given state.
`Imposed' means that some law-making body (such as
parliament) lays down the law for everyone.
`Enforced' refers to the role of the courts, police and the legal
system in ensuring that we follow the law.
The The `rule of law' is an important doctrine (or principle) in the
rule of English legal system and those of most Western democratic
According to a famous nineteenth century British legal writer
called Albert Dicey, this doctrine has three main elements.
all men are equal before the law (and this includes
no one should be punished unless they have broken the law;
any rights of the individual, such as freedom of the person
and freedom of speech, are rights which come from the law.
The work of Dicey on the `rule of law' has been very influential
among the supporters of democracy.
Dicey believed that the `rule of law' was an important part of
the English constitution.
Sometimes lawyers and civil rights campaigners argue that the
`rule of law' is under threat by the Government.
Three It is not generally correct to refer to British or United
legal Kingdom law because in the United Kingdom there are three
systems legal systems. These are the legal systems of:
England and Wales
in the Northern Ireland
Kingdom Although there are many similarities between the three legal
systems, the Scottish legal system in particular has some
significant differences from the other two.
English and Welsh law is often just referred to as `English law'.
Your course mainly concerns English and Welsh law.
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Civil Civil law concerns the rights and duties that individuals or
law businesses owe to each other.
There is no prosecution or punishment in civil law.
In civil law a person brings an action against another and asks
the court for a remedy. For instance, a person might ask a
court to make another person pay them compensation for the
damages they received in an accident.
The process of starting a civil law action against another
person is known as `suing'.…read more
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The In criminal law, the defence does not have to prove that the
burden defendant did not commit the crime. It is rather the job of the
of proof prosecution to prove the case against the defendant, i.e. the
burden of proof is on the prosecution.
A person can only be found guilty if the case against them is
proved beyond reasonable doubt.
In civil law, the burden of proof is usually on the claimant.…read more