HIERARCHY OF LAW

Hierarchy of Law in England and Wales

Hierarchy of Law in England and Wales

1. The municipal enclosures function individually from the Criminal Courts. Civil enclosures function on distinct directions and procedures. They are conceived to conclude disputes between one one-by-one (or a business) and another. The municipal enclosures generally accolade reimbursement to the winner but can make other kinds of awards. (Craig 2009 Pp. 55)

2. They are presided over by a referee squatted solely without a jury. The Claimant (survivor) proceeds first and presents his/her clues followed by the Defendant (the individual or organisation being litigated) Both sides then make closing remarks. The judge then presents his decision. Sometimes the judgment follows days or weeks later, to give the judge time to think District Judge (some major City magistrates Courts and county court - 2 types)Circuit Judge (Recorder Judges are on the same level, but part time - Crown Court) (Cross R 2008 Pp. 13-15)

High Court Judge (Crown Court - more likely to hear serious cases - and High Court) Lord Justice of Appeal (Court of Appeal)Lord of Appeal in Ordinary (Judicial Committee of House of Lords, Privy Council) The courts are arranged in a hierarchical structure, an outline of which is illustrated in the following

3. It can be seen that the House of Lords is the highest court in the UK and its decisions can only be overturned by a decision of the ECJ or the European Court of Human Rights. (These last mentioned two organisations can furthermore overturn the decisions of the smaller courts. The dwelling of Lords should not be confused with the second legislative chamber of Parliament. The dwelling of Lords when sitting as the most senior appellate court, comprises of a number of regulation Lords who discover requests which have been dispatched to them by the Court of Appeal and which they have, in supplement, agreed to hear. The main heading of the projectiles in the design drawing, display broadly the route of appeals up from the conclusions of the smaller courts. (Elliot et. al. 2007 Pp. 33-36)

4. After the dwelling of Lords, the Court of Appeal's decisions are the most authoritative and after those, the conclusions of the High Court. The scheme whereby judges pursue the decisions of higher courts is known as the 'doctrine of precedent' and it is this perform that has commanded to the development of the 'common law'. England is a widespread law country and much of the minutiae of the law and really some of the law's most basic values are referee made, having been determined in situations heard in the courts. The widespread law can, of course, be altered by statute.

Judicial Precedent

Briefly, judicial precedent means that a decided direct of law is pursued in alike cases until it is overturned or changed by a higher court. Where there is no previous conclusion on a issue of regulation then a court may make its own conclusion, which may then be asked in the higher ...