English Legal Terminology - Legal System (Summary of: Helen Gubby - English Legal Terminology 3rd edition))

INTRODUCTIONIn this world there 2 most used Legal System; the Common Law System (USA, UK, HK etc)  and the Civil Law System (Most EU Countries  etc). Here we will talk about them. A. Common Law System Common Law System can also go by the name Case Law System/ Precedent is not codified. Although not coded there are other form that is close to the matter such as Statute and Treaties. This system is originated from the English Empire in the Colonial era and they implement it to every Country they occupy at the time therefore Countries like Hongkong and the USA (although not occupied but heavily influenced) use this system.B. Civil Law System Civil Law System unlike the Common Law System they are Codified means the Laws are actually written and put in a book of Codes which is easily attained by both Natural Person or Legal Person. Used by most of EU States, most Asian Countries and more. This system is heavily inspired by the French Code Napoleon - 1804 and influenced by the Romanistic Law. 

TERMINOLOGYAlthough the USA and the UK both use the same Legal System; the Common Law System. They both uses different terminology as will be explained more below:1) The Court Structure:A. United Kingdom  Superior Court: A Superior Court is a Court of general competence which typically has unlimited jurisdiction with regard to Civil and Criminal Legal cases, they DID NOT have limited jurisdiction to a specific geographical area or to the value of a claim being brought. it includes: The Supreme Court, Court of Appeal, High Court and Crown Court. Inferior Court: Inferior Court are those whose jurisdiction IS limited and special and whose proceedings are NOT according to the Course of the Common Law. It includes: Country Court and Magistrate's Court. Other: Coroner's Court, Employment Tribunals and the EUCJ (because UK is part of EU so this court is also applicable). B. the United States of America Federal Court: the US Federal Court only have powers expressly conferred to them by the Constitution, their jurisdiction is laid down in the US Constitution and they are typically used to tried cases of Citizen from different states or Aliens. It includes: the US Supreme Court, US Court of Appeal and District Court.  State Court: Each State have their own State Court, they deal with the vast majority of all Court cases in the US, restricted to specific Geographical Area and have competence to hear most legal cases either State or Federal as long as there is no federal legislation state otherwise. 2) The Legal ProfessionA. United Kingdom Solicitor: A Solicitor may be described as a General Advisor usually people go to them first for legal advice, they are in charge of Conveyancing, Probate, Drafting Contract and Litigation. If granted an Advocacy Certificate a Solicitor would obtain a right of audience, that person the will be called as Solicitor Advocate. They don't have a Right of Audience in Courts.  Barrister: Barristers specialize in courtroom advocacy, drafting legal pleadings, and giving expert legal opinions. They don't meet directly with clients but have a Rights of Audience in Courts. There are employed barristers and self-employed barristers, most of them are self-employed but work together in "Chambers". All practicing Barristers is called Junior Counsel and when presenting in Court they are called Counsel. A Barrister who had been in practice for 10 years may apply to become a Queen's Council. B. The United States of AmericaIn the US they did not differentiate legal profession, a practicing lawyer is simply called an Attorney. Their workload are a combination of the UK Solicitor and Barrister. To become an Attorney the must; Gain a bachelor degree. Go to Law School. Get the Law Degree which is called "Juris Doctor (JD)". Participate and Pass a Bar Examination then obtain the title " Attorney-At-Law". Be admitted to a Bar of one of the States, only then a license to practice law can be issued! It is must be remembered that an Attorney can only practice Law in the State for which he has been admitted to the Bar of that State.3. The JudgesThe Judges act as an Impartial Referree in an adversarial judicial process, they must find evidence presented to the Court then apply an existing rule of law to those facts in order to reach a decision. One of their duty is to carry Judicial Review ( Doctrine under which legislative and executive actions are subject to review by the Judiciary). A. United Kingdom High Court Judges: Hears Public Law Challenges/Administration of Justice dispute. Senior Judges: Appointed from a 10-15 years of experienced Barrister before the Court. Justice of  the Supreme Court: Judges in the UK Supreme Court (Highest level court in the UK). The Lord Justices of Appeal used in the Court of Appeal. High Court Judges or Puisne Judges used in the High Court and Crown Court. Circuit Judges and Ditstrict Judges used in the Lower Court. Magistrate (Lay people who is respected by their community people). B. The United State of America Federal Judges may review whether State or Federal action is in keeping with the US Constitution. They are appointed for life by the President and the Senate. State Judges, appointment depends on the State they were in, hears in State Court. Chief Justice is the head of the US Supreme Court, assisted by Associate Justice. 4. The JuryA. UKIn the UK appearance of a Jury in Civil Cases is now rare, there is no right for jury trial in most civil cases, unless its about Defamation. In criminal cases usually hears by the Magistrate, A jury consist of 12 Jurors who are Lay-men. To be a Jury have to participate in an exam called Jury Vetting. B. USIn the US the right to Jury trial is guaranteed by the US constitution, Federal Courts have 12 jurors and State Court consist of 6 jurors. To be a Jury have to participate in an exam called Voir Dire. 

OPERATIONS OF A COMMON LAW SYSTEM1. LegislationA. UK Nowadays its more common to put a wholesome aspect of law in a Statute (a Statute is a piece of written law). The legislative body is the Parliament. Doctrine of Parliamentary Sovereignity means that only Parliament can make/revoke any Law by Statute. B. USA Federal legislation is now published in US Statutes at Large and  US Codes. The Federal legislative body is the Congress. Each State has its own Statute. 2. EquityExample: Elvis Presley have a Daughter Lisa Marie Presley from former wive Priscilla Presley. When he died he gives inheritance to his Daughter and his Parents in the form of his Estate. When his Parents both died his Daughter become the sole hair of that Estate. Then his ex-wife become handle that estate because she has an equitable interest, then she become the daughter Trustee and the daughter became the Beneficiary. Her father in this case is her Settlor or Trustor.3. The Common Law (Case Law)Case Law refers to the decision made by Judges applying legal principles to the Circumstances of the Particular disputes before them. The common law lawyers must be familiar with past cases because the rules of law is laid down there.  Binding Precedence: A Judge will be expected to make a decision consistent with the precedent set already. Stare Decisis. Case Reports: Case Reference. Appeal: A decision is reversed when a Higher Court on appeal comes to the opposite conclusion than that of a lower Cou

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