British and United States Court Systems
This is an excerpt from the paper...
The British and United States court systems are both consist of a series of courts. These levels of jurisdiction begin with the court of original jurisdiction and continue upward through a series of courts of appeal. The labels of these courts and their jurisdictions vary in both the British and American systems. The courts of the United Kingdom in utilizes two distinct systems of law. England's and Wales' court decisions are based on common law. Scotland derives its legal system from Roman law (Abraham, 1993, p. 10). The United states legal system is founded on the principles of common law. The legal system in America was initially based on the common law of England when the thirteen original colonies attained their independence. Because of the derivation of the U.S. court system from the courts of England, the two have many similar aspects. The two systems diverge in several ways as well. Both the British and the American systems of jurisprudence are based on an adversarial approach (Kelk 4). Juridification, or legalism, defines the adversarial nature of the criminal justice system. The prosecution and defense are pitted against each other in a struggle to arrive at the truth. Contradictory interests can be expressed with the knowledge that the weaker individual will be protected against the state by the open-ended principles of law. In this system legal aid is required (Kelk 4). The courts of the United States are defined by the type of litigation and jurisd
. . .
ually limited to handling cases involving amounts under 1000 dollars and criminal misdemeanors. The judges who staff these courts usually are required to have some legal training. Together the courts of the Justice of the Peace and the Municipal Courts are considered trial courts of limited jurisdiction (Carp & Stidham 53). These courts comprise approximately 90 percent of the courts in the United States. They handle the bulk of all court traffic (Carp & Stidham 52).
County Courts are the primary workhorse of the normal state judiciary system. These are courts of general jurisdiction (Carp & Stidham 53). They are the courts which adjudicate general civil and criminal cases, plus probate and inheritance (Abraham 140). This is the court where most jury trials are found. These courts cover cases from a specific geographical portion of the state.
Two levels of appeals courts also are sometimes found at the state level. The first is the Intermediate Court of Appeals. Originally created to relieve the burden of too many cases on the Final Court of Appeals. About half of the states have this intermediate step in the appeals process. The Intermediate Court of Appeals handles appeals from the Municipal and County Court lev
. . .
Some common words found in the essay are:
British American, Justice Peace, Britain United, Court Appeal, England's Wales', Carp Stidham, Supreme Court, Municipal Courts, Court Appeals, British United, justice peace, court appeals, supreme court, courts united, legislative courts, final court, courts courts, legal system, constitutional courts, common law, final court appeals, courts legislative courts, courts courts original, courts original jurisdiction, carp stidham 53,
Approximate Word count = 1672
Approximate Pages = 7 (250 words per page)
More Essays on British and United States Court Systems
|
Customer Service
to Over
32,000 Professionally Written Papers!!!
