Background On The Uk Legal System

Background On The Uk Legal System

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The UK has three distinct legal systems that govern its three territories: the three territories are England and Wales, Scotland and Northern Ireland. This distinction is due to treaties signed in the 17th and 18th century that guaranteed the continuity of these territories legal systems even after their political unification.

To qualify for legal jobs in any of these territories you need to be familiar with the legal system applicable in the jurisdiction. English law is founded in common law principles and is the name of the legal system that governs England and Wales. Sometimes touted as the mother of common law in many countries of the world, it is not codified and exists separate from civil law.

The distinguishing feature of English law is that it was until the advent of parliamentary legislation, created by judges who applied precedents and statutes in court. Though legislation has overtaken the law making process, English law remains fortified by the common sense and precedent based laws of earlier centuries. The courts under English law are headed by the Senior Courts of England and Wales.

Law jobs under English law can be found in the Supreme Court, Court of Appeal, High Court of Justice, the Crown Court and other subordinate courts. The main court (that covers Northern Ireland as well) for appeals in civil and criminal cases is the UK Supreme Court.

In Scotland, the Supreme Court only comes in during the appeal of civil cases. Scots law was preserved by 1707's Acts of Union. Based on Roman law, it has elements of uncodified civil law and common law, making Scotland one of the few regions with a mixed legal system. The court structure in Scotland is constituted by the Session Court, the Justiciary High Court and Sheriff Courts. When looking for legal jobs in Scotland, it is important to note that the Session Court deals with civil cases while the Justiciary High Court deals with criminal hearings. The Sheriff Courts deal with criminal and civil proceedings. These courts are also unique in that while on trial for a criminal offence you may get a verdict of either not guilty, guilty or not proven. After political unification, Scottish law influenced English law and has in turn been altered by the law of England and Wales and European legislation as well.

Nevertheless, law jobs in Scotland will require that one is knowledge of both older and newer legislation. Northern Ireland owes its separate legal system to the 1800 Acts of Union. However, though it's recognised as being an independent entity, Northern Ireland law is largely based on the same principles as English law. Its doctrines are derived from common law and based on statutes while its courts structure is the similar to that of English law. In spite of the similarity, if you're looking for legal jobs in this region, you need to note the subtle differences in the two legal systems.

In Northern Ireland, the Judicature Court governs all other courts, while the statutes observed are based on decrees passed by the Irish parliament and rulings of the parliament of Northern Ireland and that of the UK.


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This article was written on behalf of Legal Prospects for more information see legal jobs Law jobs



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