TRANSCRIPTS
harmonious way. In fact, that is the meaning of the law in general. It is a set of rules that enables people to live together in an organized and we hope harmonious way.
Unit 1, Lesson 3, Exercise E 1.5
Introduction 1 OK, good morning, everyone. Today we’re going to look at the way the court system in England and Wales is organized. Courts are generally classified into the criminal and the civil systems. The highest court in the land is known as the Supreme Court. It deals with both civil and criminal cases. The Supreme Court replaces the House of Lords, which sat as a court. Below the Supreme Court is the Court of Appeal. There are two separate divisions: civil and criminal. Below the Court of Appeal is the High Court.
Introduction 2
In this week’s lecture we’re going to be looking at the advantages and disadvantages of the jury system. A jury is a group of, usually, 12 ordinary people who have been selected to listen to the facts in a trial in a law court and decide on whether the case has been proved. It’s claimed that the advantage of the jury system is that it ensures a fair trial, especially in criminal cases. People who are accused of an offence are tried by their peers – the general public rather than trained lawyers – who use their common sense to reach a verdict based solely on the evidence they have heard in the case. However, in recent years many lawyers have argued that the disadvantage of the jury system is that in some cases, such as serious fraud, the facts are generally too complex for the ordinary person in the street to follow.
Introduction 3
In this lecture I’m going to look at statutory interpretation. This is the way the courts construe or understand the meaning of the laws or statutes that have been passed by Parliament. However, the words that are used in statutes are not always precise, so judges need to interpret them to make sure they have understood the exact meaning that Parliament intended. In order to do this, judges use three rules, which are known as the literal rule, the mischief rule and the golden rule.
Introduction 4
In our legal history class today we’re going to look at the development of statutory and common law
within the English legal system. We’re going to look at some of the significant dates in this historical development and what events occurred at those times. I think it’s fair to say that most people, not just students, have difficulty remembering dates. However, there are some dates that are extremely significant and tend to stick in people’s minds. Two of these dates in English history are 1066 and 1215.
In 1066 William the Conqueror invaded England from French Normandy and defeated the English King Harold at the Battle of Hastings. In 1215 the English King John was forced to sign a document known as the Magna Carta by the powerful lords and barons. I will explain why these dates are so important in the development of English law.
Introduction 5
Today we’re going to look at the role of the solicitor and the kinds of functions a solicitor is likely to perform. A solicitor is generally the first point of contact for a person where the law is or is likely to be involved. This can be a legal transaction such as a house conveyance, a civil dispute such as a breach of contract or a possible prosecution where a person has been accused of breaking the law. The solicitor will advise the client on the course of action that needs to be taken.
Unit 1, Lesson 4, Exercise E 1.6 Lecture 1
The High Court is the highest court of first instance. There are three separate divisions: the Queen’s Bench, the Chancery and the Family Division. Below the High Court on the civil side is the County Court and on the criminal side, the Crown Court. The County Court deals with relatively straightforward cases such as divorces and trespass to property. The Crown Court deals with serious criminal cases and appeals from the magistrates’ court.
The magistrates’ court is the lowest level court and has jurisdiction over a locality. It is presided over either by lay magistrates known as Justices of the Peace, or by a legally trained district judge. There are no juries.
Offenders who are aged between 10 and 17 are dealt with by Youth Courts with specially trained magistrates. These courts are not open to the public. Well, that’s a brief overview of the court system. It’s summarized on the PowerPoint slide.
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