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  • Essay / Sources of the English legal system - 639

    What are the sources of law? The United Kingdom is a country with a distinctive legal system. This is quite different from other countries with legal systems based on civil law. The United Kingdom's legal system consists of various sources of law, whereas other civil law-based countries rely solely on a set of written laws. European influences on the English legal system came much later, almost several decades later. This essay will aim to examine the development of the English legal system by reviewing the applications of various sources of law in the English legal system and to discuss recent European influences on English law. Introduction: English Legal System The English legal system is used in the United Kingdom and it plays an important role in maintaining orders within the country; it has the ability to influence the United States and other Commonwealth countries. Many decisions made in England are considered persuasive in many jurisdictions. The meaning of the English legal system is outlined by Cownie and Bradley in the book English Legal System. There are many sources which construct English law as it is today. The main sources of English law are Common Law, Parliamentary Legislation and Delegated Legislation. As noted in the book English Legal System by Gary Slapper and David Kelly, there are many different interpretations of the phrase "source of law" where in this book the law is made up of three main sources; where in Martin Hunt's 'A' Level Law, although there are different sources that make up English law, these sources are differentiated into two main categories with various minor sources. History of Common LawBefore 1066, all laws were local and administered in a manorial manner, county, hundred court...... middle of paper...... Supreme Court of Justice (formerly known as the House of Commons Lords). The courts considered to be higher courts in the hierarchy of courts would be the Court of Appeal and the High Court. Based on the Judicial Acts of 1873 and 1875, the High Court is divided into a few specialized divisions which are the King's Bench, Common Pleas, Exchequer and Admiralty Division. Where the Magistrates Court, Crown Court and County Court are considered inferior courts; the civil and criminal divisions of the courts show little difference. The court which first hears a criminal case is the court of first instance. However, where it is a matter involving a more serious criminal offence, the matter will first be heard in the Crown Court. Civil cases in the first instance are usually tried in the magistrates' court and rarely in the county court. Hierarchy of courts: disadvantages