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English Legal System : The Administration of England and Wales

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documents in English
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93 pages
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  1. The administration of civil justice
    1. Courts having civil jurisdiction
    2. The Doctrine of Precedent or Stare Decisis
    3. The Civil Procedure
  2. The administration of Criminal Justice
    1. Courts having criminal jurisdiction
    2. The Criminal procedure
  3. The supervisory Jurisdiction or Judicial review
    1. Constitutional foundations of the powers of the ordinary courts in the field of judicial review: the rule of Law
    2. Powers of control of the ordinary courts of law

We'll study the administration of justice in England and Wales. Scotland has it's own courts and system. Civil and criminal justice have come close to each other. They must be treated separately because they are very different in particular in the point of view of appeals and the procedure. Many courts today exercise both jurisdictions. At the beginning of the development of the common law, the court denoted the royal court. But later, it became the place where the sovereign gave justice through it's judges. Today, it may mean the place where justice is given, the judge or judges sitting in a court or one court or a set of courts which does not sit as such but which is composed of several distinct courts. One distinguishes the inferior and the superior court. Others distinguish the courts of record and those which are not of record. Others distinguish the ordinary and the law tribunals. A court of law is a court established to exercise the judicial power of the state. This definition is to be found in the 1980 Attorney General (AG). If the body is established for an administrative purpose, it is a tribunal and not a court. Tribunals are considered inferior to the ordinary court of law. The courts of normal jurisdiction have to be distinguished with the courts of special jurisdiction.

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