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Task 1 There are four different types of law, criminal, civil, common and statuate. In this first task I will explain briefly each one: Criminal Law: This is the kind of law that the police enforce. Murder, assault, robbery and rape are all included within the boundaries of criminal law. A good way in which to summarise which offences come under criminal law is ‘an offence which is seen as being against everybody, even though it is not’. For example if a car is stolen, then the theft is against the individual, but it threatens all car owners because they might have their car stolen. Because the view is taken that everybody is threatened by the crime, criminal law is dealt with by the public services and not by private layers or investigators. Civil Law: Civil law has many different areas enclosed in it. Examples that come under this law are legal rights, such as a right to an education or to a trade union membership and divorce problems, such as how the furniture is split between the couple and who receives custody of the children. The best way to describe it is that it looks at actions that are not crimes. In civil law it is up to the individuals to sort out their own problems by going to court themselves, or with a lawyer. Where in criminal law the state makes sure that justice is done weather the defendant wants to go to court or not. …read more.
The magistrates will enter; there could be I magistrate or three depending on what happens. One magistrate is called a stipendiary how is paid for his or her job and has a better understanding of law. If there are three magistrates then this is called a lay bench that consists of three unqualified individuals that haven’t a great understanding of law, so they have to be advised by a clerk. Lay bench magistrates are not paid. From then the court proceedings will be quite straightforward. Initially the usher will lead the first witness to the witness box where he or she will ask then to place there right hand on a holy book and reciting an oath to say that you will tell the truth in court. Then the prosecuting lawyer will ask the witness questions followed by the defence lawyer. After all of the witnesses have been questioned the court will then adjourn for the magistrates to form the punishment. If it is a lay bench then the clerk, who has a greater understanding of law, will accompany them to help them come to the right decision. When the court re-adjourns the magistrates will give their punishment, which could be anything for a small fine to six months in prison. So now that you have wrote this letter I hope that you feel more secure about what will happen at your trial. …read more.
Then the barristers, who have degrees in law and additional training, and their solicitors, who do the paperwork for the barristers, both the defence and the prosecuting will enter and be seated. The whole court will rise as the judge enters to take his seat; the judge has a very high understanding of law because to become a judge you need to have been a barrister first. The judge is there to make sure that the law is upheld and to direct the jury if necessary, but his most important job is that he or she will have to find the best possible punishment for the accused if they are found guilty. From there the first witness will be lead in and shown to the witness box by the usher, were they will have to place there right hand upon a holy book and recite an oath that is to stop them from lying to the court. First the prosecuting barrister will be the first to question the witness about what happened followed by the defence lawyer. Once all of the witnesses have been seen then the court will adjourn for the judge to make his decision. When the court re-adjourns the judge will give his verdict which could mean that the accused will either be lead to the cells if guilty, or set free if innocent. Yours Sincerely JOSH BENTHAM 1 …read more.
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