Free Essay

Uk Legal System

In:

Submitted By smiley21
Words 4592
Pages 19
Supreme Court
The Supreme Court sits as a UK court when taking on civil case as it listens to 70 cases a year, mostly civil, which include some cases from Northern Ireland and Scotland. The majority of the civil cases are linked with tax law. On rare occasions a case can leap-frog from high court to Supreme Court but if not then the majority of the appeals come from the court of appeal or Scottish Court of Session. Leave to appeal to the Supreme Court must be granted by the lower court; this is usually court of appeal or by two justices. Only cases that raise a point of law of general public will be heard here. The Supreme Court will also hear criminal cases as well as civil.

Court Of Appeal
Civil Division
The civil division of the court of appeal mainly hears appeals that came from the high court but on occasion it will hear cases from multi-track actions that have come from county court. The court will occasionally get appeals about the amount of damages awarded e.g. libel cases. Most appeals will concern a question in law. Leave to appeal must be agreed to by the lower court or by the Court of Appeal itself. The court of appeal can uphold or reverse the lower court’s decision.
Criminal Division
This division is presided over by Lord Woolf, he is known as the Lord Chief Justice. The panel is made up of three judges who will hear the appeals, most of the time it is two senior High Court judges from the Queen’s Bench division and a Lord Justice of Appeal. Unless the appeal is important then all the judges will be Lord Justices. Appeals to the court must be granted by the crown court when the defendant is against their conviction or sentence. The Court of Appeal may reduce or confirm the sentence imposed at trial. They may lay down or vary the tariff sentence. The principle reasons for appealing against a conviction are: the conviction given is unsafe or unsatisfactory; new evidence has come to light that was not available during the original trail: that there has been material irregularity during the course of the trail. The court can uphold, overturn, substitute a lower level conviction or order a retrial.

High Court
The High Court is made up of three divisions: The Queen’s Bench, Family and Chancery. The Queen’s Bench is the most important and the busiest of the divisions and has over 70 high court judges assigned to it. The Queen’s Bench division mainly hears tort and contract cases. It also hears libel cases and in these cases a jury may be asked to sit in during the trial, all other cases are heard by one judge. Within the Queen’s Bench division is the Commercial Court and the Admiralty Court. The Chancery division handles probate matters, trusts, mortgages, bankruptcies, company and partnership cases, and taxation matters. There are 17 High Court Judges assigned to the chancery division. There is only one judge sitting on each case. The Family division mainly deals with divorce, ward ship, adoption and uncontested probate matters. There are 17 High Court judges sitting in this division. There is no financial limit to the high court’s jurisdiction.

High Court
The High Court is made up of three divisions: The Queen’s Bench, Family and Chancery. The Queen’s Bench is the most important and the busiest of the divisions and has over 70 high court judges assigned to it. The Queen’s Bench division mainly hears tort and contract cases. It also hears libel cases and in these cases a jury may be asked to sit in during the trial, all other cases are heard by one judge. Within the Queen’s Bench division is the Commercial Court and the Admiralty Court. The Chancery division handles probate matters, trusts, mortgages, bankruptcies, company and partnership cases, and taxation matters. There are 17 High Court Judges assigned to the chancery division. There is only one judge sitting on each case. The Family division mainly deals with divorce, ward ship, adoption and uncontested probate matters. There are 17 High Court judges sitting in this division. There is no financial limit to the high court’s jurisdiction.

Crown Court
The Crown Court hears cases after they been appealed from the magistrates court. The main role of the crown court is to hear indictable offences e.g. murder, rape and theft. They also hear serious either way cases, where the defendant has chosen to be tried on indictment with a judge and a jury or where the jurisdiction has been declined by the magistrates. Different judges sit on the cases depending on the seriousness of the offence. Class 1 offences such as murder are tried by a High Court judge from the Queen’s Bench division. These judges also hear most of the class 2 offences e.g. rape, theft and attempted murder, these offences can result in a life sentence. Less serious cases are tried by circuit judges or recorders. All cases heard in the crown court the decision of the defendant’s guilt or not guilty status in decided by the jury.
Crown Court
The Crown Court hears cases after they been appealed from the magistrates court. The main role of the crown court is to hear indictable offences e.g. murder, rape and theft. They also hear serious either way cases, where the defendant has chosen to be tried on indictment with a judge and a jury or where the jurisdiction has been declined by the magistrates. Different judges sit on the cases depending on the seriousness of the offence. Class 1 offences such as murder are tried by a High Court judge from the Queen’s Bench division. These judges also hear most of the class 2 offences e.g. rape, theft and attempted murder, these offences can result in a life sentence. Less serious cases are tried by circuit judges or recorders. All cases heard in the crown court the decision of the defendant’s guilt or not guilty status in decided by the jury.

Magistrates Court
The magistrates court hears over a million cases every year. All summary offences and most of the either way offences are tried by the magistrates court. Summary offences are not very serious offences and either way offences if there not so serious then they are tried in the magistrates court. The Youth Court is in the magistrates and they have the jurisdiction to try all cases against those aged between 10 and 17. The Youth Court is similar but less formal than the adult courts. Three magistrates and a legal advisor are present during the case. The magistrates involved with the youth court must receive extra training and there must be a mixed gender bench. Parents or a guardian must be present, and the youth may have a legal representative or social worker. The hearing is held in private and the defendants name is not exposed to the public unless necessary.
Magistrates Court
The magistrates court hears over a million cases every year. All summary offences and most of the either way offences are tried by the magistrates court. Summary offences are not very serious offences and either way offences if there not so serious then they are tried in the magistrates court. The Youth Court is in the magistrates and they have the jurisdiction to try all cases against those aged between 10 and 17. The Youth Court is similar but less formal than the adult courts. Three magistrates and a legal advisor are present during the case. The magistrates involved with the youth court must receive extra training and there must be a mixed gender bench. Parents or a guardian must be present, and the youth may have a legal representative or social worker. The hearing is held in private and the defendants name is not exposed to the public unless necessary.
County Court
There are roughly 300 county courts and they are all governed by the County Courts Act 1984. They only hear civil cases and they are tried either by a circuit judge, a recorder or a district judge. It hears contract and tort cases that have a value of £50,000 or less. The county Court has jurisdiction for probate and land law cases, principally repossession orders and has equitable jurisdiction with bankruptcies and tax cases. The small claims court is within the county court and can hear claims up to £5000 in value and £1000 in personal injury claims. A district just hears this less formal procedure and there is not usually any legal aid. Costs are not awarded to the successful party. Appeals made are heard by a circuit judge in small claims cases, a single high court judge in fast track cases or a court of appeal in multi-track cases. In all cases, leave to appeal must be granted.

County Court
There are roughly 300 county courts and they are all governed by the County Courts Act 1984. They only hear civil cases and they are tried either by a circuit judge, a recorder or a district judge. It hears contract and tort cases that have a value of £50,000 or less. The county Court has jurisdiction for probate and land law cases, principally repossession orders and has equitable jurisdiction with bankruptcies and tax cases. The small claims court is within the county court and can hear claims up to £5000 in value and £1000 in personal injury claims. A district just hears this less formal procedure and there is not usually any legal aid. Costs are not awarded to the successful party. Appeals made are heard by a circuit judge in small claims cases, a single high court judge in fast track cases or a court of appeal in multi-track cases. In all cases, leave to appeal must be granted.

Lay people are members of the public who have no legal qualifications. The use of lay people in our courts and them making decisions in our courts dates back hundreds years. One example of lay people in the court room would be the jury. There are 12 people sat in the jury in the court room. Under the act of the juries made in 1974 to qualify you have to be on the electoral roll, which is kept on a computer at the control jury summary (CJS). The people are selected randomly off the list. You have to be aged between 18 and 70 and you must have also been a resident here for at least five years. The CJS selects the people out random who is to take part in the jury service. Those selected are sent a jury summons in the post with the time, date and place they are supposed to go. On the day there is a large group that assemble in the juror’s assembly area that is separated into groups of 15. Each group of 15 is assigned a court room to report to. In the court room 12 are selected to sit on the jury randomly by picking names out of a shuffled pile of cards. The other three are them in case there is a problem with one of the selected jury members. The 12 that will be sitting in the case have to make an oath or affirm. During the case the jury is not allowed access to the media so their views and opinions aren’t changed. Under the criminal justice act of 2009 you can be disqualified from jury service if you fall into one of three categories. The fist is if you are on bail then you cannot sit in on the case as part of the jury. You are disqualified for 10 years if you have been convicted of a crime and you are disqualified for life if you have been sentenced to imprisonment for 5 years or more. Jury service is compulsory, if you fail to turn up you can face up to a £1000 fine or imprisonment. In certain cases, you may be excused or differed. If you are excused, this means you are not required to participate in jury service within the next 12 months. If you are differed, then you will have to complete your jury service another time usually within the next 12 months. After a jury has heard both sides of a case they will go into a private room and come to a verdict in whether the defendant is guilty or not guilty. The vote has to be 12-0, 11-1 or 10,2. After the verdict is given by the jury then they will be asked to leave and then the judge will give out the sentence that fits. Juries only sit in the county court, the crown court and in the high court, but only on specific cases e.g. fraud. Another example of lay people in the court room is Lay Magistrates. Lay Magistrates are volunteers from the public with no legal qualifications and they act as judges in the magistrate court. The lay magistrate judge is accompanied by two wingers; they are also members of the public who have volunteered. Lay Magistrates work 26 ½ days a year (13 full days). To apply to be a lay magistrate you have to be aged between 18 and 65 and complete 1 year on training. They are expected to retire at the age of 70. Advertising for lay magistrates is usually in the papers or on the radio so people are aware and can apply. After the application process if they are deemed qualified enough with the information shown on their resume then they are invited in to the first stage of interviews. If the candidate makes it past the first stage of interviews then they will partake in visits to prisons, probation centres and young offenders institute. Then they will be invited back for the second stage of the interviews where they will par take in role plays bases on citations they may face in the court room. If the Local Advisory Committee (LAC) deem they are right for the job, then they will recommend you to the Lord Chancellor who will then appoint you as a lay magistrate. After a year of training is complete then you will be allowed in the court room. During the training you will get an induction and basic core training on how to be a lay magistrate and receive a mentor. You will receive extensive training so they are sure the person will be a competent magistrate. They will visit prisons, probation centres and young offenders institute and participate in reading and distance learning exercises whilst keeping a detailed and developed personal log. At the end of the year you will have a consolidation on everything so they can be sure the applicant can be an adequate lay magistrate. After a year of being a lay magistrate they will receive an appraisal which will help them improve. The reasons for using lay people in because they are cheaper that judges, it gives the public confidence and it is seen as fairer for both sides in the court. However, it can be bias, opinions may be changed by the media and they don’t have any legal knowledge.
They’re several different kind of judges, one kind is a district judge. District judges can appear in the Magistrates court, County court. This means they can hear criminal and civil cases. They are qualified and paid judges who have spent at least 7 years practicing as a barrister or a solicitor. They are appointed to courts in cities or within the county, due to their experience and knowledge of the law they are expected to have a high case load. Unless the Lord Chancellor grants am extension they retire at the age of 70. To become a recorder, you have a 10-year crown or county qualification, this is the same for a circuit judge. Both of these professionals can appear in a county court or a crown court, which means they can hear civil and criminal case. To become a high court judge and be able sit in the high court of the crown court you must have a 10-year Supreme Court qualification. High court judges can hear civil and criminal cases. Lord justice of the peace appear in the court of appeal and they must have a Supreme Court qualification and experience as a high court judge, these hear appeals from the lower courts. All of these positions are appointed by the queen who acts upon the recommendations given by the PM who is advised by the Lord Chancellor. The Judicial Appointments Commission (JAC) has had the responsibility of selection and appointment on the judiciary in England and Wales since the April of 2006. Lord Appeal in ordinary (Law Lord) has to have Supreme Court qualifications and high court judge experience. These are appointed by the Queen who is taking on the advice of the PM who has received it from the Lord Chancellor. Applicants require to provide 3 to 6 names of people who have had recent and substantial knowledge of their previous work experience. Then they will move on to interviews which generally last 45 minutes and include a structured question and answer session. After this a series of final checks are performed on the candidates and those who pass them will get recommended for the job.
Solicitors do not need to have a law degree or a degree at all. If they don’t have a degree in law then they would need to achieve the Graduate Diploma in Law (GDL), it is a yearlong full time course. Following this they would have to participate in the Legal Practice Course (LPC) then complete a two yearlong training contract with a firm of solicitors. After this they are entered onto rolls of the Law Society and are able to practise as a solicitor. After qualifying, solicitors have to continue their professional development by participating different professional course. It is possible to become a solicitor without a degree by qualifying at fellow of the Institute of Legal Executives (ILEX). The work of a solicitor involves giving clients advice and carrying out administrative tasks, including conveyancing or probate matters. Conveyancing involves dealing with legal requirements of buying a selling properties and probate matters includes drafting wills and acting as executors of the estate of a deceased. Advising clients on family law, setting up companies and drawing different kinds of contracts is also what solicitors do. Solicitors can represent clients in the magistrate’s court, crown court, county court and high court. Solicitors do more advocacy work than barristers since 97% of criminal cases tried in the magistrates, where both the prosecuting and the defending lawyer are solicitors. When a barrister is present on a case the solicitor still has an important role as they are handling various procedural aspects of the case such as gathering evidence and discovering documents. Solicitors mostly work in partnerships. In recent years’ firms have merged together in to larger partnerships, which increases specialisation. In the English Legal System there is currently over 15,000 barristers practicing. To continue their professional training barristers must become a member of one of the four inns; Lincoln’s Inn, Grey’s Inn, Inner Temple and Middle Temple. They must complete a Bar Vocational Course (BVC) which comprises the skills of advocacy and drafting pleadings and negotiations. They must also dine at the Inn 12 times before being called to the bar. After this they must gain a 1-year pupillage at a set of chambers with an experienced barrister, who will be the pupil master. Half way through the year, barristers can appear in court by themselves on minor cases. At the end of the pupillage they must acquire a tenancy at a set of chambers. It can be very hard to find a pupillage and a tenancy as the demand is high. A barrister is referral profession. This means that the public can’t go directly to them to get help they have to seek advice from a solicitor first, who will refer them to barrister if required. Barristers can be directly engaged by certain professions for example accountants. Barristers a ‘cab-rank’ rule which requires them to take on any case referred to them unless it isn’t within their expertise, they’ve not agreed to an appropriate fee or they don’t have time to accept the case. Then can’t refuse a case based on their beliefs or views they have to take it on. Most of the work barristers do involves advocacy in any court as they have full rights of an audience in all English courts. Barristers provide council and opinions to solicitors on behalf of clients who require a specialised second opinion. Barristers are self-employed and work from asset of chambers that houses other barristers, who share administrative and accommodation expenses. A clerk in employed and their job is to book cases and negotiate fees.

In the civil court system lawyers practice in the county court and the high court when doing civil cases. In the county court is also the small’s claims court where personal injuries worth up to £1,000 can be heard. A circuit judge, a recorder or a district judge can hear cases in the county court. The county court can hear family cases such as divorce and claims worth up to £5,000. In cases that are worth more they can appeal to the high court if granted leave to appeal. All the judges that sit in the high court are high court judges. The high court deals with three separate divisions; the Queen’s Bench, Family and Chancery. The Queen’s Bench usually hears tort and contract law. There is no jury in the high court except for cases that are libel or fraud related. The Family division will deal with things like divorce, adoption and ward ship. The Chancery division deals with trusts, mortgages, bankruptcies, company and partnership cases, taxation matters and probate matters (drafting wills, executer of the estate after their death). Lawyers can practice in any three of these divisions as well as the county court on the civil side of the English Legal System. Barristers can appear in any court room within the English Legal System, this means the county court, the high court, the court of appeal (civil division) and Supreme Court for civil cases. Barristers can appear in the supreme court which is where the more serious case are dealt with and most civil cases that are dealt with in the supreme court are linked or involved with tax law. In the Supreme Court a Justices of the Supreme Court will try these cases. Only cases that raise a point of law that they think would be of importance to the general public will be heard at the Supreme Court. At the court of appeal one Lord Justices of Appeal, the Lord Chief Justice or the President of the Queen's Bench Division will sit in a bench of three with two High Court Judges, to hear appeals. At the court of appeal, they can reduce or reverse and sentence or conviction.
In the magistrate’s court the lay magistrate judge will sit on a bench and will have to wingers who are also lay people and are there to come up with a decision with the chairperson. Sometime a district judge will sit and hear cases in the magistrate’s court as he is a professional and trained him or she will not have the need for lay wingers. There are many advantages and disadvantages to having lay people in the court room. An advantage is that having a jury means that they will have a fresh mind and are open so they have no prior knowledge of the case which means that they can give a fairer verdict when deciding if the defendant is guilty or not just based on what is shown in the court room. A disadvantage is that the jury may have no knowledge of the law so they are unexperienced and may not understand everything that is going on in the court room and that may have an effect on the way they vote on whether the defendant is guilty or not guilty. I think that having lay people in the court room is a good thing because it will give the public more confidence in society and that we are safe. It will also give them a better idea of the laws that they are supposed to follow and if they see others getting punished or put under pressure in the court room then they may think twice about committing a crime. However, the jury system can be as equally as unfair as it is fair as people may judge the defendant purely based on what they look like. If they don’t like the way, they look they may have closed their mind to the possibility of the defendant being innocent. Also, the jury may be bought or bribed to vote one way on a case or even threatened to do so. An example of jury tampering would be the case of the Heathrow robbery trial. John Twomey was 62, he and three other defendants faced trial over a bungled robbery at Heathrow airport in 2004. They had tried to steal more than £10m from a warehouse but had misread a flight document and there was only £1.75m at the time, most of which has not been recovered. The case was heard at the high court in London and it was expected to last three months. At the 3rd trial the judge stopped the hearing almost halfway through after getting information from the prosecution, which the judge said pointed to a "serious attempt at jury tampering". The prosecution applied afterwards for a trial without a jury. But in the high court, Mr. Justice Calvert-Smith decided to provide protection measures for the jury so they were able to run a fourth trial. The court of appeal overruled his decision last year. The four men were tried and convicted by Mr. Justice Treacy after the first three trials failed, the last two due to allegations that the jurors had been "compromised". This shows that even with protection from the court the jury can still be tampered with which means there is always a chance someone isn’t getting a fair trial. A case where it can be debatable if the jury works is the Clive Ponting case in 1985. Ponting leaked documents therefore going against the Official Secrets Act but he did so in the public’s interest. For this reason the jury gave him a verdict of not guilty even though he admitted to the offence. People started to question the point in having a jury if they were going to decide a person is not guilty, even when they admit to the crime, because they feel it is in their best interests. The jury is supposed to have an unbiased opinion on the case they are hearing. Therefore they should have not taken their personal interests into account and base their verdict on the facts and evidence presented in the courtroom at the time.

http://www.theguardian.com/uk/2010/jan/10/heathrow-robbery-trial-jury-twomey http://www.theguardian.com/uk/2010/mar/31/heathrow-robbery-appeal-trial-jury https://groups.google.com/forum/#!topic/uk.legal/qBhzc16vhz4

Similar Documents

Premium Essay

Roles of Comparative Law to Legal Interpretation and Application

...Law to legal interpretation and application Role of Comparative Law to legal interpretation and application Table of Contents I. Definition: legal interpretation and application 2 I.1 Legal Interpretation 2 I.2 Legal Application 3 II. Role of Comparative Law to legal interpretation and application 4 II.1 Role of Comparative Law to legal interpretation and application of law as the result of the harmonization and unification of law 5 II.1.1 The harmonization and unification of law 5 II.1.2 Role of Comparative Law to legal interpretation and application of law as the result of the harmonization and unification of law 6 II.2 Role of Comparative Law to legal interpretation and application of law as the result of the transplants of foreign law 8 II.2.1 An overview of Legal transplant 8 II.2.2 Role of Comparative Law to legal interpretation and application of Law as the result of the transplants of foreign law 13 II.3 Role of Comparative Law to legal interpretation and application of Legal rules which are entirely domestic and lack any direct international background or connection 15 II.3.1 Introduction 15 II.3.2 Role of Comparative Law to legal interpretation and application of Legal rules which are entirely domestic and lack any direct international background or connection 16 III. Questions 17 HCMC UNIVERSITY OF LAW ADVANCED-PROGRAM CLASS COURSE 35 GROUP 6 I. Definition: legal interpretation and application I.1 Legal Interpretation ...

Words: 5216 - Pages: 21

Premium Essay

Maritime Liens and the Conflict of Law

...maritime law in respect of maritime liens and the differences in recognizing foreign maritime liens. I have chosen to compare the domestic law in the United Kingdom with the United States because I feel that they are managing conflicts of law very differently from one another and I want to get a deeper knowledge in these states law. The American court recognizes foreign maritime liens while the United Kingdom do not; they apply the lex fori (i.e. their own law). This had caused a huge uncertainty in the right of the international ship suppliers. Because the states is so in-cohesive in this area of law I thought it would be interesting to compare these and see how they handle conflicts of law. I will bring out the weaknesses in the different systems and also the positive things. Finally, after this comparison I will make an argumentative conclusion of what I think would be best further on and hopefully an attempt for a somewhat solution. 2. Introduction 2.1 Origins of maritime liens Maritime liens are a historic feature from the modern admiralty law. The first maritime lien can be traced all back from the ancient world and especially from the medieval European lex maritime, which back then, governed...

Words: 5125 - Pages: 21

Free Essay

International Cooperation Crime

...INTER-NATIONAL COOPERATION IN COMBATING TRANSNATIONAL CRIME Note:    Any views expressed are those of the author and are not attributable to any government or organization. I    INTRODUCTION With advances in technology, and the ease of global travel, the world we live in has become, in many ways, as Canadian author Marshall McLuhan predicted "a global village". This has had a dramatic impact on many aspects of life and society and law enforcement is no exception. The technological explosion and the growth of transnational organized crime and the response of the international community to it, has created many new challenges, not the least of which is the impact on the jobs of law enforcement authorities. In a 1989 case, United States of America v. Cotroni, the Supreme Court of Canada, made the following statement: The investigation, prosecution and suppression of crime for the protection of the citizen and the maintenance of peace and public order is an important goal of all organized societies. The pursuit of that goal cannot realistically be confined within national boundaries. That has long been the case, but it is increasingly evident today. The challenge for law enforcement authorities in every nation is that sovereignty, a fundamental principle which grounds the relations of states, is also a major tool in the armoury of the criminal element in our societies. Criminals depend heavily upon the barriers of sovereignty to shield themselves and evidence of their crimes...

Words: 11148 - Pages: 45

Premium Essay

International Business Law in Brazil

...will learn more about the country, especially about the legal Risks. In response to this part, we will answer to many questions. * What kind of legal system does the country use? As you know, it exists 3 main different legal systems around the world, which are the Civil law, the Common law and the Islamic law. To understand more about those 3 legal systems, we will explain the main differences and the countries where those legal systems are used by a classification. The civil law: is used Mainly by the Asian countries, European countries, Central and South American’ countries with many exceptions like India in Asia, which are not using the civil law, or also Saudi Arabia. The civil laws are based on statutory law. Judges take decisions and each law is written in a book. The decisions must be taken in relationships with this book. The common law: is based on decisions taken by the previous court. In France, judges to take decisions when the situation or the case is not very explicit sometimes use the common law. This type of decision is called “ jurisprudence” in France. This legal system is mainly used by North American countries (United States and Canada), Australia, United Kingdom, and also India and South Africa. The Islamic law: is completely different with the common law and the civil law. Everything is based on the holy Quran and the religion. Islam drives the country as well as the legal system or decisions making. For instance, in Saudi Arabia, women...

Words: 805 - Pages: 4

Free Essay

Cja 483 Week 5 Learning Team Territory of Apollo Proposal Presentation

...Presentation To Buy This material Click below link http://www.uoptutors.com/CJA-483/CJA-483-Week-5-Learning-Team-Territory-of-Apollo-Proposal-Presentation Due to a series of natural disasters, a portion of California has broken and separated from the mainland, forming an island. To help pay for the disaster relief, the United States government has permitted the Apollo corporation to purchase the land and form its own territory. Apollo is considering which criminal justice system to implement. Prepare a 17-20 slide Power Point presentation proposal to be presented to the Board of Directors of Apollo, identifying the recommended criminal justice system, the reasons underlying your recommendations, and the practical considerations of implementing the system; for example, how the criminal code will be established, what the main tenets of the criminal procedure will be, how the police system will operate, and how the correctional system will be structured. Choose either a civil law, common law, socialist law, or Islamic law system, or create a hybrid. Specific Instruction this presentation is a minimalist presentation. No clipart or graphics unless they directly relate to a point in your presentation- e.g. maps or overhead imagery, etc. No animations, builds or backgrounds / themes. Bullets on each slide should be in 24-point to 16-point Ariel font, no smaller than 16-point. Make extensive use of your notes pages to explain each bullet point. Present the assignment at the end of Week...

Words: 261 - Pages: 2

Premium Essay

Global Marketing

...Chapter 07 The International Legal Environment: Playing by the Rules   True / False Questions   1. | The form of law found in the United States and England is classified as civil or code law.    True    False |   2. | The form of law found in Germany, France, and Japan is called civil or code law.    True    False |   3. | Common law is based on an all-inclusive system of written rules of law.    True    False |   4. | Under code law, the legal system is generally divided into three separate codes: commercial, civil, and criminal.    True    False |   5. | Islamic law prescribes specific patterns of social and economic behavior for all individuals.    True    False |   6. | Code law prohibits the receipt and payment of interest on loans.    True    False |   7. | In Marxist–socialist societies, law is subordinate to prevailing economic conditions.    True    False |   8. | The World Court can settle disputes between a company and a government.    True    False |   9. | When dealing with foreign countries, a marketer should refer to “international commercial law” for guidance.    True    False |   10. | Disputes relating to commercial transactions must be settled in courts and cannot be settled informally.    True    False |   11. | The statements made by the parties during conciliation may be used as evidence in the subsequent litigation.    True    False |   12. | If conciliation is not used to settle a difference...

Words: 13959 - Pages: 56

Premium Essay

International Law

...rules in order to determine competence of jurisdiction, or the Convention of Vienna on international sales of goods determines competence of jurisdiction and the law applicable. In order to explain which criterion is more important in the construction of private international law concerned with international commercial litigation, it will be relevant to focus this study on the rules of competence of jurisdiction. Besides the general system of conventions, as explained above, judicial traditions of countries can explain debates around the best ways to enact rules on international trade, and especially international litigations arise from commercial relationships between actors. Indeed, on one hand, common law countries focus on the role of the judge for the creation, the interpretation and the application of law rules. Some authors argue that the predominance of the judge in common law judicial system translates a pragmatism to resolve disputes related to civil and commercial matters. Moreover, certain procedures in the common law system will provide flexibility that economics and commercials actors need in order to conduct their businesses. On the other hand, parties can agree on competence of jurisdiction. Indeed, this competence will be determined by their choice. For practical reasons,...

Words: 8424 - Pages: 34

Free Essay

Nigeria Paper

...In the beginning Nigeria was controlled and influenced by the British through the 19th century; Nigeria finally earned its independence in 1960. Nigeria is the largest most populated country in Africa. After 16 years of military rule Nigeria’s independence came in 1960. Today Nigeria is by far Africa’s leader in economic power. Nigeria earned its independence from Great Britain on the first of October 1960. The constitution of Nigeria was not written until the May 5, 1999 and it was not effective until May 29th, 1999. Nigeria has a Federal Republic government system. Nigeria has mixed legal system made up of English common law and Islamic in 12 northern states and Traditional law. Nigeria’s Administrative divisions are broken up in 36 states and 1 territory. Nigeria has a bicameral legislative branch consisting of a Senate and a House of Representatives. The Senate has 109 seats each member holding the seat for four years, and the House of Representatives have 360 seats with each member also hold the seats for four years. Nigeria has the world’s eighth largest population; according to ww.cia.gov Nigeria has approximately 174,507,539 as of July 2013. Nigeria is composed of more than 250 ethnic groups. The most prevalent being Hausa and Fulani making up 29% of the population, followed closely behind by Yoruba 21%. Muslim is by far the most popular Religious choice; Christianity is a close second. Nigeria has an average life expectancy of 52 years; this is boosted mostly by...

Words: 1755 - Pages: 8

Premium Essay

Cara Hidup Sihat

...MALAYSIAN LEGAL SYSTEM LAW1020 QUIZ GENERAL INTRODUCTION TO THE CONCEPT OF “LAW”   Name: ……………………………………………………   Matrix No: …………………………   QUESTION 1   TRUE – FALSE:   Answers T.           F | 1. | Far from being remote, law affects every citizen at many points in his life. | T.           F | 2. | “Law” is an English word that can be used in one specific way and capable of being defined precisely or adequately. | T.           F | 3. | In its general usage, the word “law” is used only to express the sense ofabsolute certainty about the occurrence of a certain phenomenon. | T.           F | 4. | In today’s modern period, owing to their individualistic as opposed to communal existence, human beings no longer need one another.  | T.           F | 5. | For centuries jurists and lawyers have come up with an accepted definition of the term “Law” or “to show what stands as law”. | T.           F | 6. | The various major legal systems of the world today are closed categories. | T.           F | 7. | The distinguishing feature of the Common Law legal system is that the rules of law are codified. | T.           F | 8. | The Civil law system has its origin in France during the reign of Napoleon Bonaparte. | T.           F | 9. | The origin of the Common law system can be traced in the practice of the early American settlers. | T.           F | 10. | The “inquisitorial system” is the feature of the Civil law, while the “adversarial system” is the...

Words: 2795 - Pages: 12

Free Essay

Virtual Organization System Inventory

...Virtual Organization System Inventory Timothy L Welty BSA310 October 27, 2014 Peng Virtual Organization System Inventory Assignment: Select one of the following Virtual Organizations: * Huffman Trucking Complete the following chart, filling in information for each system used at the Virtual Organization. Add rows to the chart as necessary. Huffman Trucking “Huffman trucking is a national transportation company. The company's 1,400 employees work in its logistical hubs located in Los Angeles, California, St. Louis, Missouri, and Bayonne, New Jersey; its central maintenance facility is in Cleveland, Ohio; and as drivers of its 800 road tractors. The company expects to earn revenues during fiscal year 2004 in excess of $600,000,000 (Virtual Organization, 2014).” System Name | Brief Description | Department to Use the System | Purpose of the System | Connects With | Development Details | Finance & Accounting Systems | Application is licensed on an annual per user basis from a vendor specializing in F & A systems for the transportation industry | Finance and Accounting Systems | General ledgerAccounts PayableAccounts ReceivableCash ManagementBilling/InvoicingCredit/CollectionsCostingProperty ManagementAssetsTaxes | Integrated with the Fleet Maintenance System and the Enterprise Transportation Application | Maintenance costingFuel management and costingWarranty managementMaterials inventory managementFixed assets | System Name | Brief Description | Department...

Words: 449 - Pages: 2

Premium Essay

Pandori Case Summary

...Summary of the Case: Pandori, a Khalsa Sikh and teacher under the Peel Board of Education was prohibited to wear his religiously significant Kirpan due to a new no-weapons policy in his school district. The Peel Board made this policy in a response to the supposed increasing number of knife incidents and violence in its schools. Pandori took this case to the Ontario Human Rights Commission which set up an inquiry under the Human Rights Code to investigate it. They found that there were little-to-no incidents of a Kirpan being used as a weapon let alone in any Peel school and that other Toronto-area schools were allowing students and faculty to wear them freely. With this, the Board of Inquiry ruled that this policy amounted to religious discrimination. But the Peel School Board argued that the kirpan could be seen as a dangerous weapon by other non-Sikhs and were already prohibited in some courtrooms and airplanes for that exact reason. The Peel School Board then claimed that it is reasonable to impose Kirpans to ensure the safety of the school and that they would not accommodate to the requirements of the Khalsa Sikhs. The Board of Inquiry eventually ruled that the school boards policy discriminated against Khalsa Sikhs and allowed Pandori to continue to wear his Kirpan, if the Kirpan could not be easily removed from its sheath. The Crowns position: The Board in Inquiry ruled that the school boards policy discriminated against Khalsa Sikhs and allowed Pandori to continue to...

Words: 1266 - Pages: 6

Premium Essay

Apple Versus Proview Electronics

...Apple vs Proview The main direct legal issue concerns the transferring and ownership of the ‘iPad’ trademark. I believe that it is a direct issue because it is what ignited the whole problem when Proview Technology claimed Apple to be in violation of the ‘iPad’ trademark. This is because Apple bought the ‘iPad’ trademark from Proview Electronics (Taiwan), when at the time Proview Technology (Shenzhen) actually owned it. Thus it seems Proview Electronics sold the trademark to Apple, but did not actually own it. Therefore the question is whether Proview Technology gave any authority to Proview Electronics to sell the ‘iPad’ trademark, or whether Proview Electronics had the right to sell the trademark, which it seems that they did not. To avoid this, Apple should have checked carefully who owned the trademark before entering into the contract. Another direct legal issue is the contract that was signed between Apple and Proview Electronics (Taiwan). I believe this to be a direct issue because the contract was not clear, which consequently led Apple to believe that they had purchased the ‘Global Trademark’ which entitled them to sell the iPad in many different countries, including China – but it didn’t. If it was clear and Apple had known that they had not received the rights to sell in China, they would not have sold the iPads there in the first place. One important question is also whether Proview Technology and Proview Electronics, has joined together to mislead and induce Apple...

Words: 500 - Pages: 2

Premium Essay

Relationship Between Religion and International Trade

...international trade and how it does happen. To do so, researches about the topic will be covered and some worldwide statistics are gathered together. Empirical Studies There are few empirical studies about impacts of religion on international trade or its relationship with international trade. In shared research of Emilia Justyna Powell, University Alabama, and Stephanie J. Rickard, London School of Economics, impacts of Islamic law on international trade is examined. Two models which are monadic and dyadic techniques are used in this study. The main purpose of them to demonstrate whether or not countries governed by Islamic law are effected regarding their international trade although they believe that “the importance of countries’ legal systems for trade has declined over time, possibly due to the increased role of international arbitration bodies and/or the standardization of international sales contracts (Powell & and Rickard, 2010). This research is important as being the first direct test of the effect of Islamic law on countries’ trade relations. The researched draws our attention to the situation that trade can be conceptualized as the aggregate flow of goods and services between countries but in fact that flows are a series of contracts between buyer and seller countries. Enforcement of contract is really important to reduce risk and cost of business. In case of occurrence of a problem in the contract courts become important player due to their role of enforcement...

Words: 2148 - Pages: 9

Free Essay

Islam Law

...Kedah.3 In Trengganu the Islamic Law was applied particularly in the time of Sultan Zainalabidin III.4In Johore the Majallat al-Ahkam a compendium of the civil law from Turkey, was translated into Malay, at the beginning of the twentieth century and ordered to be applied in Johore. Similarly the Hanafite Code of Qadri Pasha in Egypt was adapted and translated into Malay as the Ahkam Shariyyah,Johore.5 However with the coming of the British and their influence in the Malay States, English Law was introduced in the form of codes taken from those enacted in India, including the Penal Code. the Contract Act, the Evidence Act, the Criminal Procedure Code, the Civil Procedure Code: and in the field of land law legislation based on the Torrens System was introduced. The introduction of these laws meant that the Islamic Law was no Ionger applicable in the areas covered by those laws. More significantly still, courts were set up headed by British judges trained in the English Common Law and the judges of these Courts tended to apply the English Law whenever there was no legislation which could be applied. In this way the law of torts and the rules of equity were introduced in the Malay States. The attitude taken by the British judges was confirmed by the Civil Law enactments of 1937 and 1951 6 and finally the Civil Law Ordinance, 1956. 7 which stated that in the absense of any written law, the court shall apply in West Malaysia the Common Law...

Words: 6477 - Pages: 26

Free Essay

Laws of Malaysia

...local needs. S3(1) of the Civil Law Act 1956 statutorily provides that only the part of the English Law that is suited to the local circumstances are to be applied : I. West Malaysia - the English common law and the rules of equity and statues of general application in England as 1 December 1951. II. Sabah – the English common law and the rules of equity and statues of general application in England as at 1 December 1951. III. Sarawak – the English common law and the rules of equity and statues of general application in England as at 12 December 1949. English laws subsequent to the said dates are not binding but of persuasive authority. According to Prof. Mark Cammack, Southwestern University, Islamic law is not a legal system, but a legal tradition, much like the common or civil law tradition. It is a set of related beliefs, attitudes, and...

Words: 773 - Pages: 4