Wednesday, February 26, 2020

English Law Essay Example | Topics and Well Written Essays - 2000 words

English Law - Essay Example 80). In the past, the monarch’s signiture (a.k.a. Royal Assent) is required in passing a statutory law. Today, the Royal Assent is treated as some form of constitutional formality. A bill is actually referring to a â€Å"draft statute† (Faragher, 2010, p. 80). Before a bill can passed into law, the bill will first be reviewed by the Members of the Parliament (MPs) (i.e. the House of Commons) to check whether or not there are some amendments to be done on the bill (Appelbe and Wingfield, 2009, pp. 4 – 5). During the second reading, further debate and amendemtns will be made before the bill can reach the committee and report stage. As part of the third reading, the bill will be re-presented to the House for a brief discussion and minor changes before it will be transferred tot he House of Lords. After the House of Lords have received the bill, it will be given back to the House of Commons for the approval of amendments (Jones, 2011, pp. 46 – 47). If the bill passess both the House of Commons and the House of Lords, the bill will immediately obtain the Royal Assent or the monarch’s signature before it will finally become a law (Jones, 2011, p. 47; Faragher, 2010, p. 80; Appelbe and Wingfield, 2009, p. 5). (See Figure I – Summary of Stages of the Bill on page 3) Figure I – Summary of Stages of the Bill Source: Jones, 2011, p. ... ntire United Kingdom whereas private acts are referring to laws that can be used to regulate the obligations and rights of each person and a corporate body (Faragher, 2010, p. 80). Since the 20th century, the number of statutes that were successfully passed into law has significantly increased. The purpose of this report is to examine the truth on whether or not the modern UK law on commercial property tenants are statute based. To give the readers a better understanding of this topic, the basic idea behind the UK land ownership practices will first be tackled followed by discussing that the modern UK law on commercial property tenants are very much heavily based on a statutory law. Since the purpose of this report is to examine the truth on whether or not the modern UK law on commercial property tenants are statute based, several real-life cases will be presented in this study as a concrete basis to the argument that the modern UK law on commercial property tenants can still be base d on a statutory law. Discussion The land ownership in UK is classified as either private property, state land, or coomunal or third sector (Fuller, Jonas and Lee, 2010, p. 243). Unlike in other countries, roughly one-sixth (1/6) of the land area throughout the United Kingdom are actually owned by the state (Home, 2009). Furthermore, the UK government reserves the right to guarantee land ownership of private property. Therefore, after seeking approval from the UK administration, the British nationals who wanted to purchase land in this country is possible either via leasehold or a freehold (Home, 2009; Foukona, 2007). In England and Wales, information related to land ownership is handled by the Land Registry of England and Wales (LREW) whereas the Registers of Scotland and the Land

Monday, February 10, 2020

Identify the principal powers available to the courts in England & Essay

Identify the principal powers available to the courts in England & Wales in connection with statutory interpretation. How does t - Essay Example One system of employment tribunals that works for England, Wales, and Scotland also exists. In both England and Wales, the house of lords handles matters of highest appeals. In such cases, only the law lords are charged with the responsibility of proceeding over these cases. The Supreme Court judicature act 1873 however abolished this. This was done through the elections where the parliament passed the bill to have the Supreme Court in place. However, an amendment preserving the judicial function of the House of Lords was passed. The court was then used to handle impeachment cases in England, even though nowadays they are considered Magistrate court refers to the lower courts in which all criminal proceedings begin. Certain civil issues can also be decided in these courts, these include family matters (Probert, 2011). These courts have been meant in such a way that they can deliver justice in a swift and simple mean. In England and Wales, there are many magistrates’ courts; th e number is approximate to be over 360. The jurisdiction of these courts lays o the various powers that the legal system gives them. Offences especially those termed as summary offences are often considered small offences and are thus punishable under the powers of magistrates’ limited courts. ... Indictable offences may include rape, murder, and robbery among others. The cases here are heard by the judges at district judge in the magistrate or by three bench magistrate. The magistrate courts have no jury. The police undertake the investigation of these cases and then the prosecution is done accordingly. Defendant can chose to hire to solicitor to represent them in court. This is often catered by the state. Jurisdiction and sentencing powers of the courts In regards to issues related to criminology, the magistrate courts also used to be referred to as police courts both in England and Wales were put in place to deal with little offences at a speedy manner. Nearly all the criminal cases begin and stop at this point. Serious crimes are often taken to crown courts. It is approximated that 95% of many cases are handed at this point. Least serious criminal offences like driving cases, criminal damage of minimal damage, drug possession, vandalism, and criminal damages. All these are dealt with at summery proceedings in the magistrate court. In such cases, the defendants lack the right to jury trial and they have no formal indictment (Miller & Jentz, 2011). The verdict lies in the hands of the magistrates and judges at the courts. Sentencing powers in the magistrate courts have certain limitations. There are certain offences that have their limitations. For instance, they are capable of inflicting fines up to five thousand US dollars and can pass an imprisonment sentence. When the magnitudes of offences are big, the limitation is often raised. This means that such cases can attract high fines of up to over $ 50, 0000. There are certain cases like driving offences where the driver can be penalized by being disqualified from driving for some time. Such cases