Inglese giuridico

EUROPEAN UNION:

- European Parliament —> half of the EU’s legislature

- Council of the European Union —> half of the EU’s legislature

- European commission —> executive

- European council —> gives directions to the EU

EUROPEAN COURT OF JUSTICE:

is the judicial branch of the EU

HOUSE OF LORDS:

is the highest court, which exercises the judicial function of Parliament

—> its judicial functions were abolished by the SUPREME COURT OF JUDICATURE AT (1873)

—> it has transferred its functions to the SUPREME COURT OF THE UNITED KINGDOM

SUPREME COURT OF THE UNITED KINGDOM:

- Court of Appeal:

deals only with appeals from other courts or tribunals

—> CIVIL DIVISION

—> CRIMINAL DIVISION

- High Court of Justice:

functions both as a civil court of first instance and a criminal appellate court for cases from the

subordinate courts

—> QUEEN’S BENCH DIVISION

—> CHANCERY DIVISION

—> FAMILY DIVISION

- Crown Court:

is a criminal court of both original and appellate jurisdiction

INFERIOR COURTS:

- magistrates’ courts

- family proceedings courts

- youth courts

- county courts

MAGISTRATE COURTS:

are the lowest courts of first instance with limited civil and criminal jurisdiction

COUNTY COURTS:

are statutory courts with a limited civil jurisdiction to hear smaller civil cases

TRIBUNAL:

body of persons with power to decide claims or disputes

CORONERS’ COURTS:

sit to determinate the cause of death in situations where people have died in potentially suspicious

circumstances, abroad, or in the care of centrale authority

APPEAL:

is the transfer of a case from a lower to a higher court for a new hearing in order to reverse the

decision made by the lower court

CRIMINAL LAW

is the area of law that deals with crime and its consequences

—> regulates the legal relationship between individuals and the state

CRIME:

is any act or omission in violation of public law that is subject to punishment such as imprisonment

or fine

CRIMINAL LAW ELEMENTS:

- criminal act —> guilty act, is the physical element of committing a crime

- criminal intent —> guilty mind, is the mentale element of the crime

OFFENCES:

- indictable —> are serious crimes (es murder): tried on indictment in the crown court before a jury)

- summary offences —> minor offence tried without a jury

CIVIL LAW:

is the branch of law dealing with disputes between individuals and/or organizations in which

compensation may be awarded to the plaintiff

—> there is the attempt to right a wrong, honour an agreement or settle a dispute

BRANCHES OF CIVIL LAW:

- contract law

- law of tort

- property law

- family law

- employment law

- company law

CIVIL PROCEDURE:

is inquisitorial

—> the authority investigates the facts of a case independently of evidence provided by the parties

to that case

—> consists of the rules by which courts conduct civil trials

CIVIL TRIALS:

concern the judicial resolution of claims by one individual or group against another

CLAIMS:

is a legal action to obtain the enforcement of right protected by law against another party or to

obtain money or property

STATEMENT OF CLAIM:

is the legal document which carries a claim

CIVIL CLAIMS:

they arise when an individual or a business believes that their right have been infringed in some

way

SUING A CLAIM:

is a process: when a dispute arises for injury or loss, normally many solicitors who specialises in

any sort of claims help the aggrieved parties to make a claim for compensation. The claim may

have to be decided by a court

CLAIMANT:

is the person starting the claim

DEFENDANT:

is the other party, who is found liable or not liable

BARRISTERS:

they must act as sole traders with unlimited liability

—> their main work is to provide represention in the courts, where they are referred to as counel

—> to draft documents

—> to give opinions

= he represents litigants as their advocate before the courts

- they often become involved in a case in order to provide any advocacy needed by the client

- is common for a barrister to receive the brief, the file, the documents from an instructing solicitor

that covers all of the facts of the case and will then to represent a client in court

BAR COUNCIL:

is the professional association of barristers

ROUTES TO QUALIFY AS BARRISTER:

1. for those who study law at the university:

they will then take a one year BAR VOCATIONAL COURSE (training in the skills required to

• present a case in court and how to construct an argument)

after, students have to apply to a set of chambers for a PUPILLAGE

• (where the pupil works for a senior barrister to gain experience)

2. for those who do not study law at the university:

they have to take the one-year course: COMMON PROFESSIONAL EXAMINATION

• then they start the BAR VOCATIONAL COURSE

•

SOLICITORS:

are primarily concerned with legal work out of court

—> they give advice to clients on contentious and non-contentious matters

—> they draw up contracts and wills, undertake work such as conveyancing

—> they only have limited rights of audience in lower courts (they cannot appear in every court)

—> they can form partnerships

—> The qualification and practice of solicitors are regulated by the LAW SOCIETY

LAW SOCIETY:

is the professional association of practising solicitors most 85% of them are members

—> it sets down rules about training and qualification

ROUTES TO QUALIFY AS SOLICITORS:

1. for those who have studied law at university (3-4 years)

is then necessary to take a 1 year LEGAL PRACTICE COURSE

•

2. for those who have not studied law at university

after their university studies, they have to complete an addictional 1 year course: COMMON

• PROFESSIONAL EXAMINATION

—> basic training in key legal subjects

Each of the separate legal system in ENGLAND and WALES, NORTHERN IRELAND and

SCOTLAND have their own judiciary

3 ARMS OF THE STATE:

LEGISLATURE —> Parliament

• EXECUTIVE —> Cabinet

• JUDICUARY —> Judges

•

JUDGE:

is an official who presides over a court

TYPES OF JUDGES:

LORD CHIEF JUSTICE:

_ is the overall head of the judiciary

_ is the president of the court of England and Wales

_ is the president of the Queen’s Bench Division of the High Court

LORD CHANCELLOR:

is no longer a judge —> he still exercises disciplinary authority over the judges, jointly with the

Lord Chief Justice

4 HEAD OF DIVISION:

Master of the Rolls

• President of the Queen’s Bench Division

• President of the Family Division

• Chancellor of the High Court

•

JUSTICES OF THE SUPREME COURT:

are the judges of the Supreme Court of Appeal in the United Kingdom

LORDS OF APPEAL IN ORDINARY:

are the judges in the House of Lords

LORD JUSTICES:

are the judges of the Court of Appeal

HIGH COURT JUDGES

CIRCUIT JUDGES RECORDERS —> who sit in the County Courts

DISTRICT JUDGES —> who sit in the County Courts and in the Magistrates’ Courts

MAGISTRATE:

is a judicial officer

—> he has a limited authority to administer and enforce the law

MAGISTRATE’S COURT:

may have jurisdiction in civil cases, criminal cases, or both

JURY SERVICE —> is a public duty

JURORS:

play a vital part in the criminal justice system

- on the date stated in the jury summons, the jury should attend court

- first, the juror will form part of the jury panel

- the jury for a case is selected by ballot

VETTING: the defence can challenge up to 3 jurors without giving the reason

a jury is normally composed of 12 ordinary people with no special knowledge, to act as impartial

• judges of the facts of a case

their function is to decide on points of fact

• the role of the judges is to advice the jury on points of law

• they are paid for each day of jury service

• jury must decide whether a defendant is guilty or not guilty

• jury trials take place in the Crown cOURT

•

TRIAL WITHOUT A JURY:

is permitted in cases of suspected jury tampering where there is evidence of a real and present

danger

VERDICT:

is the decision of a jury

SENTENCE:

is the final act of a trial

—> sentences are generally issued by judges and magistrates in the name of the superior

authority of the state

MOST COMMON PHILOSOPHIES OF SENTENCING:

RETRIBUTION:

• based on the ideas of punishment because the offender deserves punishment for his acts

(the punishment inflicted is in proportion to that offence)

DEUNUNCIATION:

• is society expressing its disapproval of criminal activity and condemning these types of behaviour

INCAPACITATION OR PROTECTION OF THE PUBLIC:

• suitable punishment is death penalty for murder.

The most serious punishment in UK is a lifetime

DETERRENCE:

• this can be individual potential offenders warned as to likely punishment

REHABILITATION:

• under this, the main penalty is to reform the offender and rehabilitate him or her into society

REPARATION:

• compensating the victim of crime usually by ordering the offender to pay a sum of money to the

victim or to make restitution

TYPES OF SENTENCES:

• DISCHARGES:

is a type of sentence where no punishment is imposed

—> a conditional discharge is a sentence passed by a court whereby the defendant is not

punished, provided that no further offences are committed during a specified period up to a

maximum of 3 years

• FINES:

is the most common disposal

—> the maximum fine will depend upon the level of fine specified for the offence

• COMMUNITY SENTENCES:

they place requirements on the offender - things they must do, or not to do, in the community

• CUSTODIAL SENTENCES:

for those offences considered so serious that a non custodial sentence cannot be justified, a

prison sentence may be imposed, either immediate or suspended

—> the maximum prison sentence in the magistrates’ court is 6 months

ALTERNATIVE DISPUTE RESOLUTION

NEGOTIATION:

is an interaction of influences

—> it involves 2 basic elements

- PROCESS —> refers to how the parties negotiate

- SUBSTANCE —> refers to what the parties negotiate over

MEDIATION:

aims to assist 2 or more disputant in reaching an agreement

—> there is a third part (MEDIATOR) who facilities the resolution process (MEDIATOR’S