THE PRACTICE OF LAW
BODIES OF LAW
The main difference between the European law model and the English one is that in Europe the law comes from the Roman Empire and in Great Britain is based more on personal contracts and legal precedents that in legal codes.
The civil law is the one based on the Roman codified law and it´s established by a state. It also can be defined as the area of lawconcerned with private legal relations between people. This last meaning is used to refer a body of law.. Los ingleses usan ¨derecho civil¨ para referirse tanto al modelo continental derivado del Corpus Iuris Civilis como al derecho perteneciente a la jurisdicción civil.
The common law is the one that rules the most of English-speaking countries. Is is based on costumes, usage and court decisions.Es la designación de la ley anglosajona que se basa en la jurisprudencia y en las costumbres más que en los códigos legales.
In the mixed law the usage is important but they are guided by what was written in legal corps.
The criminal law deals with crimes and their punishments including fines and imprisonment. Es el Derecho Penal.
There are many types of documents that are set for ruling aparticular activity. All those types of laws are included within the general term of law.
A directive is a legislative act of the European Union which requires member states to achieve a particular result without dictating the means of achieving that result.
An Ordninace/By-law(United Kingdom) is a local government document used for limited applications or it can refer to the internal rules ofa company. When is issued by the government the objective is to improve and make to be accomplished the orders of an statute. It is more specific than the statutes. Es una suerte de reglamento, o también estatutos en el ámbito empresarial.
Statutes are written documents from the legislative authority that governs a state or a country. Statutes command or prohibit or even declare policy. Theyare codified in topical arrangements that are called ´legal codes´. Son el equivalente anglosajón a los códigos españoles, como pueden ser el Código Civil o el de Comercio. Sólo se subordinan a la constitución que impere en cada estado.
A bill is a proposed law under consideration by a legislature. A bill does not become law until it is passed by the legislature (el poder legislativo) and, inmost cases, approved by the executive. The subparts of a bill are known as clauses. Es un proyecto de ley y por lo tanto debe ser aprobado por las Cortes. En UK es el ¨Parliment¨ y en USA el ¨Congress¨.
Regulations are documents designed to inform and to regulate the safety of a work. Son manuales o reglamentos internos.
Para citar una ley se pueden utilizar varias frases:
- Tha lawstipulates that…
- Provides that…
- Specifies that…
- States that…
- Sets forth that…
- Determines that…
- Lays down…
- Prescribes that…
TYPES OF COURTS
A lower court/ court of first instance is where a case is heard for the first time. It belongs to primary jurisdiction.
An appellate court/ court of appeals/ appeals court is where a case that has already been heard in a lower court isreviewed.
A juvenile court is where people under eighteen years old are judged.
A moot court is where law students argue and prepare hypothetical cases.
A tribunal is where a group of specially chosen people examine legal problems of a particular type, such as employment disputes.
A small-claims court is where cases involving a limited amount of money are handled.
A magistrates ´court iswhere small crimes are tried in the United Kingdom. It is presided by two or more magistrates (jueces legos) that are also known as district judges. Son los Juzgados de Paz al estilo británico.
A crown court is where serious criminal cases are heard by a judge and a jury in the United Kingdom.
A high/ supreme court is the highest court in a jurisdiction, the court of last resort.
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