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English Legal System

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Introduction to English Legal System

United Kingdom's jurisprudence has a powerful tool for judiciary. There should be flexible law and it is required to make changes in the rules. The Criminal Attempts Act 1981 apply to the benefit of people and gives guidelines to make certainty in law. There is need to improve the legal system which improves any deficiencies in the system. It reforms the statue of a country and punishes for the offenses committed by the persons. Many situations give an idea about criminal offense and the intention of the parties. Jury gives their decision according to the law and punishes other person who committed offense.

Task 1(a)

According to the Criminal Attempts Act 1981, if there are many offenses committed by a person then he is liable for the punishment imposed by the court. Section1 stated that if any person has the intention to commit an offense then he is liable for the crime. In R. v. Gullefer [1990] 1 WLR 1063, the Court of Appeal stated that the CCA 1981 court stated that the preparation of actions of defendant clears that there was a crime and attempted by him. If the evidence of the case is available so it will be decided by the Jury otherwise case will be withdrawn. The facts of the case always depends upon the facts and question of law which can be determined e by the court. In this case, Dan was pointing the gun to his girl friend for shooting. He has no idea until he had pulled the trigger that there is some problem in his gun to shoot on her. Under this Act, a person who attempts to commit the crime is also guilty for the same offense.

  1. This Act is applicable to the person when he attempted to the offense and shall have effect with the section1 of the Criminal Attempts Act 1981.
  2. This section provided many description given by the parties for many enactment-
  • Power to the court for institution of the proceedings.
  • Power to arrest such a person in his suit.
  • Where proceedings may carried or not otherwise than.

All criminal cases are decided in magistrate courts to determine the offenses. There should be the pre trial of the case before the court after showing all the evidences at the court.[Andrews, N.,. Introduction. (In The Three Paths of Justice 2012 ). pp. 1-23. Springer Netherlands.

Asongu, S.A. ( Law, Finance and Investment: does legal origin matter in Africa 2014). The Review of Black Political Economy. 41(2) pp.145-175.] Court should check all the evidences before reaching to any decision to the matter Court must give the opportunity of being heard to parties before giving any ruling. Dan should also follow procedure to take the decision of the court. Court considers the claim of Mrs Smith that he points out the gun against his girlfriend. Dan should also have the opportunity to clear any evidences.

Task1(b)

All the criminal offenses start with the Magistrate court and they also resolved 98% cases in this court only 2% left for further court. . Remaining cases which had been not decided by the Magistrate then go for Crown court for trial. They will proceed to send the case to the crown court accordance with the s51 (1) of the crime and Disorder Act 1998.if there is any serious case involving murder or rape they will go to the high court judge for further proceedings. In this case, Dan should go to the Magistrate court and there should the summery trial of the case. Court may discuss many matters to the case that if there is any evidence against Dan that he had pointed out his gun to her. If there is any severe crime then magistrate has the power to give the imprisonment.. Once the trial has started then it must be the duty of judge to give opportunity for the present case. Judge refers the case to jury and recommend them to consider the facts. If jury finds guilty they will collect all the facts and defences to the case.

Task1(c)

Authorities should search the circumstances of the case by showing the facts. Court must focus on the people who are involved in the case. Magistrate should consider the case summary and discuss on the matter. Mrs Smith claims that Dan is pointing a gun on his girlfriend and she saw him to do this. Dan was not aware that his gun has some mechanism error otherwise his girl friend shouted out. In the Criminal Act, Dan is attempting to murder and this offense comes under the Criminal act.. He claims that he did not point out the gun to his girl friend and it was the mistake of the Mrs. Smith. Court need to check all the evidence with the practical approach and if any evidence considers suitable then take into the consideration. They have constitutional rights to protect him if any situation of the case. Court considers all the evidence and decides that it is not legal to point out the gun on any person. Dan should accept his fault and court sentenced him appropriate punishment.

Task1(d)

A person who has preparatory commission to the offense it includes in the section1 (1) of Criminal Attempts Act 1981.it is a very serious crime to making the preparation of the offenses I. In fact, if a person is believed that intention of party to commit the offense and it is a crime then its a punishable offense. . An attempt to murder is also covered in the Criminal Act. In this case, Mrs. Smith alleged that Dan attempting to murder of his girl friend by gun. A person is found guilty if he attempt under the statutory provision with an intention to create offense that is merely preparatory facts. A person by guilty to attempt to commit an offense shall be liable for the imprisonment for life if sentenced is fixed by law and if it does not fall in attempt to murder then liable to convict on indictment of offense. It would be a very serious offense to point out the gun it considers attempt to the criminal offense and punishable in the court. The punishment for an attempt is to commit a crime for an offense. If there is any sufficient evidence then jury need to determine the them and if it is not relevant then it will be withdrawn. This section applies if any person is committing any offense which creates a criminal offense. To establishment the statue there should be Mens Rea of a person that was so essential. There are many facts which need to clear about the facts that is it includes the criminal offense or any other act. A person is attempted any serious crime then court will give imprisonment. Dan has pointed out a gun an its a illegal action in the public. Court will discuss on many matters and makes various inquires to this fact. Mrs Smith is the eye evidence in this case and she will give his statement to the court. Dan's action is not legally valid in the eye of law because no one can act like this in general. His action is not correct and he does wrong act and liable for the punishment which law has decided.

Task2 (a)

Where there is two or more parties come to resolve their cases easily. The best and common way to take the case to the court by the help of lawyer. However there are more methods to resolve the litigation of the people.

Negotiation: It is a process which can be done informally between the parties or with the lawyers. This is the quickest way to approach the solving problem. Peoples are involving in the disputes directly privately to resolve the issue.

Mediation: It involves the third person to resolve their matter by taking part. Here is the mediator who discuss the solution and help between them. He behaves naturally and follows all the duties of his part. They must clarify all the disputes and give good assistance to the parties to their solution.

Conciliation: here is the person who also called mediator but he is giving solutions about the case and approaches the parties. Parties have the right to voluntary withdraw their application at any time to the case. He should be the related person of the parties. The information of the cases must be confidential and no one can have the access to it. They must have reliable to each other no fake information given to anyone.

Arbitration: Parties who wants to decide their case follow the process according to the Arbitration Act 1996. It is appointed by the parties with their mutual consent to settle their case. This system is similar to the court case but so much speedy. Arbitrator take the decision called 'award' and must be followed by both the parties and if they have not followed the decision then court emphasise them to apply this. If there is any irregularity in decision then parties can go to the court for making suitable changes.

In this case Alisha faces many problems in his family. They have agreed for divorce but cannot agree on her husband's contact time. They wants to divide the furniture of the house between each other. Alisha has three son and one of them was ill so she took care of her children. Due to this she got dismissed from her job from his employer. She should go for any resolution where they both agreed to resolve their disputes. She has many problems and apply for the court to make a solution of these problems.

Task2(b)

Parties are coming to resolve there disputes and making the suitable control of the actions. Parties are considering the resolution before commencing the court proceedings to make appropriate process.

There are many advantages of the dispute resolution-

  • Cheapness: This is the very most advantages to make whole proceedings very cheaper and in a easy way. Cost are very less in comparison to court because court fees, delay charges, lawyer fees and many more.
  • Speed: It is the negotiation between the parties to solve their disputes very speedily. They resolve the disputes by without the requirement of any representatives.
  • Control: Parties can control the disputes and and resolve them out of the court. Parties can create own process and own agreement.
  • Privacy: Court proceeding are continue in the public but this process going in privately. Legal and other works in fairly. Parties only knows about their problems and can resolve them easily with good communication to each other.
  • Experts: these persons always rely on the facts of the case and decisions taken much quicker and helpful. Overall cost of the matter is very less in comparison to court. Experts have good knowledge and interact with each the party to understand the work easily.
  • There are disadvantages of the disputes resolution-
  • Uncertainty: It becomes more lengthy and not certain to make a decision at any point of time.
  • Time limits: Sometime there is the time consuming disputes that involves a legal claim. Where so much time consumes so its not worthy for him.
  • Complexity and expenses: Some arbitration proceeding are still very complex and not certain to the resolution of the dispute. There is various complexities in their work to resolve the disputes.
  • Willingness to compromise: there is the problem where parties does not accept the decision and compromising with each other.

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Conclusion

From the above report it has been observed that a person is punishable under the law if he attempts any offense of crime. Parties having disputes may go for the resolution on particular matter. There are many alternates to go for many resolution out of the court. They are less time consuming and very much cheaper for the parties. It helps them to resolve the matter by experts by many ways. Parties can easily manage and control the activities of the business. It is a easy way process to solve their disputes quickly. Many situations and problems resolved by the experts with the easy communication system.

References

  • Andrews, N.,. Introduction. (In The Three Paths of Justice 2012 ). pp. 1-23. Springer Netherlands.
  • Asongu, S.A. ( Law, Finance and Investment: does legal origin matter in Africa 2014). The Review of Black Political Economy. 41(2) pp.145-175.
  • Bin Abbas, A.N.,. ( Islamic Legal System in Singapore 2012) THe. Pac. Rim L. & Pol'y J. 21 p.163.
  • Bryan, S., Nash, R. and Patel, A.,. How the legal system affects the equity mix in executive compensation. Financial Management. 39(1) pp.393-418.(2010)
  • Chieze, E., Farzindar, A. and Lapalme, G., An automatic system for summarization and information extraction of legal information. In Semantic Processing of Legal Texts (2010) pp. 216-234. Springer Berlin Heidelberg.
  • Chiou, W.J.P., Lee, A.C. and Lee, C.F.,. Stock return, risk, and legal environment around the world. International Review of Economics & Finance (2010). 19(1). pp.95-105.
  • Cownie, F., Bradney, A. and Burton, M., 2013. English Legal System in Context 6e. Oxford University Press.
  • Farnsworth, E.A., An introduction to the legal system of the United States (2010.). Oxford University Press.
  • Foster, N.G. and Sule, S.,. German legal system and laws (2010). Oxford University Press, USA.
  • Guler, I. and Guillén, M.F.. Institutions and the internationalization of US venture capital firms.(2010). Journal of International Business Studies (2010.). 41(2) pp.185-205.
  • Hussain, J., 2011. Islam: Its law and society. Vol. 3 Sydney: Federation Press.
  • Khoury, T.A., Junkunc, M. and Mingo, S., Navigating political hazard risks and legal system quality: Venture capital investments in Latin America. Journal of Management (2015). 41(3) pp. 808-840.
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