Unit 23 English Legal System – Assignment 1
Introduction
In this assignment I will show an understanding of the meaning, purpose and terminology of the law,
give a balanced argument regarding Criminal Law and Civil Law, show an understanding of Civil
Courts and Appeal Routes, give a jurisdiction of Criminal Courts, giving a balanced argument
regarding ADR vs Civil Courts, give an evaluation of how dispute solving in the courts compares with
methods of ADR, show an understanding of the role of the legal profession and lay people in
contributing to case outcomes, give a comparison of the role and function of lay people in the
English Courts and evaluate the effectiveness of lay personnel in the English Courts and ADR.
Summary of cases;
Case 1; James (19), Casper (16) and Pete (19) were involved in a confrontation. Pete was carrying a
knife and stabbed a male by the name of Brian. After the conflict Casper then had stolen larger cans
from a nearby shop. James ran off. Brain died. All three men have been arrested.
Case 2; Mary has fallen over a piece of equipment that Bill has left lying around and has not attended
work for several months. Bill is contracted by Mary and has not done his job properly which led Mary
paying an extra sum of money to fix the problems that Bill caused.
Case 3; Jane and Saif have recently separated, Jane wants a divorce whereas Saif does not.
Meaning, Purpose and Terminology of the Law
Rights and Duties
Having a ‘right’ is something legal, social or an ethical principles of freedom or entitlement. Rights
can also mean what a person is allowed to have our own. Having a ’duty’ is what a person is bound
to do. This is what a person will perform or avoid doing. A person will have a duty to their country,
the establishment they work for, a duty to tell the truth and a personal duty to raise their children
properly with good manners.
Law and Morality
The ‘law’ is a set of rules and regulations that conduct a legal force and effect which is recognised
and enforced by the controlling authority. If the law is broken then there will be a punishment that
will be put in place. ‘Morality’ helps a person to see if there decision is right or wrong. There are
specific guidelines set in place to see what an individual should do in a particular situations.
Law and Rules
There are some rules that will only affect a small minority. For example, children cannot come into
school wearing trainers as this is prohibited, whereas wearing appropriate school shoes is
acceptable. On the other hand, all laws must be followed by all of society. Laws and rules are similar,
but if you break a law there will be a more severe consequence for you than if you was to break a
rule.
Purpose of the Law;
