| Papers [1-15] of 100 :: [Page 1 of 7] | | Go to page : 1 2 3 4 5 6 7 —> | Search results on "BRITISH LEGAL SYSTEM": |
|
|
Trial by Jury in the English Legal System, 2007.
A look at the English jury system.
2,145 words (approx. 8.6 pages), 16 sources, MLA, $ 67.95
»
Click here to show/hide summary
Abstract
This paper analyzes the role of the British jury system and investigates its effectiveness putting forward the arguments of many opponents. The paper suggests that, if the present due process model lacks "confidence in informal pre-trial fact-finding processes" then it would be wrong to believe that due process would be better served if the jury was abolished, for it is the jury which provides the forum for formal fact finding at trial. The paper concludes that if we blame the jury for the loss of due process to innocents that have been convicted and ignore the fundamental flaws of due process safeguards within the pre-trial system, then, ultimately, this disregard that will 'further legitimise and perpetuate miscarriages of justice'.
From the Paper
"The civil jury declined massively in the twentieth century, and the case of Ward v James established that trial by judge should be the usual mode of trial. It is significant, that today only 1% of criminal cases actually culminate in jury trial making the argument for juries somewhat a statistical irrelevance. It is therefore perhaps unfair to argue that juries convict too many innocent people when trial by jury is such a rare opportunity. A single wrongful conviction is considered as one too many, but although it is admirable to aim for a system that prevents a single miscarriage of justice to occur it is perhaps a little unrealistic. The role of the jury is to form a verdict drawn from only the facts presented at trial. No twelve good men or women would intentionally inflict a conviction on a person whom they knew to be innocent. To attribute the blame of a wrongful conviction to, and solely to, the jury is too simplistic an analysis; the role of the jury is to come to an honest conclusion about the facts presented at trial. If these facts are later found to be 'unsatisfactory' or 'unsafe' perhaps it is the criminal justice system itself, which 'helps to legitimise and perpetuate miscarriages of justice', and not the jury who are perhaps too often the victims of blame."
| |
|
The British Legal System, 2000.
A discussion of the Great Britain's legal system, foreign policy, and membership in the European Union, United Nations, and NATO.
1,211 words (approx. 4.8 pages), 4 sources, $ 41.95
»
Click here to show/hide summary
From the Paper
"The legal system in Britain is predicated on common law. Common law is a system of laws originated and developed in England and based on court decisions, on the doctrines implicit in those decisions, and on customs and usage rather than on codified laws. In contrast, most European legal systems are based on civil law."
| |
|
British Legal Thought, 2006.
This paper presents a reflection on C. Douglas Hays' "Crime and Justice in 18th and 19th Century England."
900 words (approx. 3.6 pages), 1 source, $ 35.95
»
Click here to show/hide summary
Abstract
This is a position paper introducing an article of early in Hay's career exploring developments in UK criminal law and justice according to a now familiar emphasis on social class, social change, political goals and resulting criminal justice systems. The author is well introduced in light of E.P. Thompson's Warwick circle of cultural Marxist and social historians and the paper includes references to Hay's subsequent work and the strength of his 1980 article as an ongoing introduction.
From the Paper
"This article is helpful as an introduction to Douglas Hay's ongoing scholarship on culture, law and punishment at a most pivotal time in the development of British legal thought. Hay studied under E.P. Thompson of Warwick, known best as a cultural Marxist historian and is a professor of the History of Law at Osgoode Hall Law School, York University."
| |
|
British Parliamentary System, 2002.
Discussion of the British parliamentary system and the Gaulist constitution of the French Fifth Republic.
650 words (approx. 2.6 pages), 4 sources, $ 26.95
»
Click here to show/hide summary
Abstract
These essays discuss the parliamentary system in Britain which is characterized by the fusion of power, and the effectiveness of the Gaullist constitution of the French Fifth Republic.
| |
|
18th Century British Justice System, 2002.
A discussion of how class and poverty influenced the 18th century British criminal justice system.
1,900 words (approx. 7.6 pages), 5 sources, $ 71.95
»
Click here to show/hide summary
Abstract
This paper examines the 18th century British criminal justice system as an expression of class, property and power. Douglas Hay's article "Property, Authority and Criminal Law" argues that the 18th Century British criminal justice system was based on terror and directed principally to the protection of property. Academic responses, both pro and con, are subsequently evaluated.
| |
|
U.S. and British Political System, 2004.
This paper compares the structure of the national governments of both the United States and Great Britain, focusing on the executive and legislative levels.
1,425 words (approx. 5.7 pages), 4 sources, MLA, $ 47.95
»
Click here to show/hide summary
Abstract
The first part of this paper examines the workings of the presidential system of government in the United States. The next part then looks at the corresponding system in Great Britain, focusing on the structure of the British Houses of Parliament. The final part of this paper then compares the two systems, examining how the two countries rely on their different political systems to serve the needs of their constituents.
From the Paper
"The Constitution of the United States designates three main structures of government. The judiciary is charged with the country?s legal system, interpreting and upholding the country?s laws. The legislature, composed of the Lower House and the Senate, is composed of representatives who write the laws of the country. Finally, the executive branch runs the country?s administrative needs."
| |
|
The U.S. Presidential and British Parliamentary Systems, 1999.
A look at how the systems of the world's two most stable democracies differ, especially in how they derive their authority from the people.
974 words (approx. 3.9 pages), 3 sources, $ 34.95
»
Click here to show/hide summary
From the Paper
"Although the need for government to have leadership that provides direction is universal among states, the form that the government leadership assumes varies. Government structure varies significantly between the United States and Great Britain, despite that each is a democracy and share a common history. In fact, the common history of the United States and Great Britain suggests reasons to explain the broad differences between the governments of each respective state. In the wake of the American Revolution, the people of the United States rejected the forms and institutions, most notably a monarchy and Parliament, of British government as well as British sovereignty. Possessing a democratic presidential government, the United States has two separately elected agencies of government. The executive and legislative branches of the United States, the President and Congress, respectively, both derive their power from the people, whereas in Great Britain only the legislative branch, Parliament, derives its power from the people, as the executive is elected by Members of Parliament, thus effectively combining both branches within a single institution. The Parliamentary system in Great Britain and the Presidential system in the United States both have histories marked by an absence of abject failure, yet neither system can be considered truly perfect. Consequently, the analyst cannot conclude that either system is better; rather, he must recognize that there are merits and faults in both systems. The Parliamentary system tends to legislate efficiently, whereas a presidential system tends toward gridlock. However, the presidential system grants both elected representatives and citizens greater influence in government. The Parliamentary system tends to favor Prime Ministers who have much experience, whereas the Presidential system favors Presidents who are responsive to the general will of the people."
| |
|
Legal Naturalism vs. Legal Positivism, 2002.
A comparison of laws understood to come about naturally or through some form of positive creation.
2,630 words (approx. 10.5 pages), 2 sources, MLA, $ 79.95
»
Click here to show/hide summary
Abstract
This paper examines two of the general theories of law - legal naturalism and legal positivism, both of which have had an enormous influence on law throughout history. The first part of the paper looks at natural law which describes those diverse theories of law that do not accept human law as true law and hold that a particular "something other than the positive law is the true law". The second section examines legal positivism where one of several general theoretical traditions is based on the belief that the source of knowledge lies in experience, not in reason, nor in mind.
From the Paper
"A good example of the usefulness of classical legal naturalism can be seen in the rise of commercial law in the Middle Ages in Europe. As Glendon, Gordon, and Carozza point out, the rise of commercial law took place when Roman civil law provided no adequate coverage of new problems that arose as trade "emerged from the localism and relative economic stagnation of the Middle Ages" in the form of international banking, expanded maritime trade, and rising commercial centers."
| |
|
British and American Health Care Systems, 2004.
A comparison of British and American health care systems, with particular focus on medical malpractice.
2,279 words (approx. 9.1 pages), 10 sources, MLA, $ 70.95
»
Click here to show/hide summary
Abstract
This paper looks at the commonalities between American and British cases of medical malpractice. The paper notes that the major points of similarity of both countries tends to be the legal system's hands-off attitude toward physicians and an unwillingness for some of the judiciary in both places to take control, even when the issue of responsibility is placed before them. The paper also looks at what has caused the general decline in the health care systems of both countries and the current push for reform being seen in both countries.
From the Paper
"In the case of Elam v. College Park Hospital, Elam had originally complained that her podiatrist had performed negligent podiatric surgery at College Park Hospital to correct bilateral bunions and bilateral hammer toes, despite the hospital?s coadmission procedure, requiring a hospital doctor to assume responsibility for the overall medical care of each patient. But a California appeals court reversed a lower court decision that had found for the defendant, College Park Hospital. Ruling on June 25, 1982, California?s Fourth Appellate Court noted that the original case revolved around ?whether a hospital is liable to a patient under the doctrine of corporate negligence? when independent surgeons who are staff members use hospital facilities."
| |
|
The British and French Colonization System, 2005.
This paper compares and contrast the French colonization of Africa to the British colonization system.
1,116 words (approx. 4.5 pages), 3 sources, APA, $ 38.95
»
Click here to show/hide summary
Abstract
This paper briefly discusses the types of governing system both of these European powers used when taking control of Africa countries. It looks at the similarities between both systems and their flaws.
From the Paper
"The colonization in Africa resulted in trouble times for many Africans. The French colonized much of the Western border, while the British colonized parts of South Africa. The British and the French both wanted to conquer as much land as possible. As a result colonization began, and Africans fell under French or British rule. Despite African resistance these powers took over land in Africa, and the African values were ignored. France had control over Algeria, Morocco, Tunisia, Ivory Coast, Mauritania, Mali, Niger, and Benin, whereas Britain controlled Ghana, Nigeria, Sierra Leone, Gambia, South Africa, Zimbabwe, Zambia, and Kenya."
| |
|
The British Criminal Justice System, 2001.
A discussion on the role, pros and cons of the British criminal justice system.
2,392 words (approx. 9.6 pages), 14 sources, APA, $ 73.95
»
Click here to show/hide summary
Abstract
This paper examines the British criminal justice system with reference to statutory instruments, bills, cases and legal opinion. It looks at how the criminal justice system is considered to be one of the most imperative tools available to society for the control of anti-social behaviour and, in particular, how it needs to strike a balance between protecting the innocent and convicting the guilty. It also discusses how the system does not try to establish innocence, but whether there is enough evidence to convict and how this system has lead to many miscarriages of justice and has lead to many honourable persons to believe that a change to the inquisitorial system may prevent this.
From the Paper
"In 1993 the CPS went under a substantial change to increase efficiency. Sir Ian Glidewell stated that ' the 1993 reforms had made the CPS more bureaucratic' He believes that CPS has the potential to become a lively, successful and esteemed part of the criminal justice system. The CPS has not escaped criticism, despite its recent performance. James Hunt QC believed that if the public knew of the cost to them the taxpayer would be appalled . In 1998 the Glidewell Report heavily criticised the CPS. The key recommendations of the report were that the powers should be devolved so that the CPS would become less centralised."
| |
|
British and Japanese Educational Systems, 2002.
An analysis of the characteristics of and differences between British and Japanese educational systems.
1,050 words (approx. 4.2 pages), 8 sources, MLA, $ 36.95
»
Click here to show/hide summary
Abstract
This paper discusses the education systems in both Britain where it is similar to that in the U.S. and Japan which has one of the most rigorous educational systems in the world. It briefly describes the structure of both systems and the level of involvement of the government in both countries in setting the curriculum as well as relevant statistics. It provides a compare and contrast analysis between the education systems in both countries highlighting definate similarities such as compulsory education between the ages of 5 and 16 and major differences such as social problems in Japan due to pressures to excel. Common issues in both the British and Japanese education systems are enhancing diversity, providing children with the tools necessary to remain current with technological advances, strengthening the relationship between schools, families, and communities.
From the Paper
"There are two parallel educational systems in Britain: the state system, where education is provided free, and the independent system, where parents normally pay fees. (The British Education System). Nearly 1 in 13 British school-age children are in the independent system. (The British Education System). Britain has a national curriculum, i.e., a statement of the minimum learning requirements of all children at each stage in their education. (The British Education System). This curriculum is compulsory in the state system and while independent schools are not bound by it, most of them teach what the national curriculum demands. (The British Education System)."
| |
|
Queen's Counsel, 2005.
A look at the relevance of the Queen's Counsel in the British political and legal system today.
2,415 words (approx. 9.7 pages), 10 sources, MLA, $ 73.95
»
Click here to show/hide summary
Abstract
The Queen's Counsel system has been entrenched in the legal structure of the UK for four centuries and has been there to serve the public. This paper explains that there is need to evaluate whether it still performs this specific function, whether it has the adequate skills and expertise that can manage and solve any kind of dispute, and specifically, if it recognizes and provides the public the wide variety of legal skills (DCA) it needs. It also examines whether the QC is still relevant, fit, and enjoys public confidence.
From the Paper
"At present, the legal profession in England and Wales is divided into two branches: the specialist legal advisers or solicitors and courtroom advocates (DCA 2003, Groups 2004). Solicitors provide a wide range of services from general legal advice and preparing court cases to functioning as advocates in higher and lower courts. As of December 2002, there were more than 10,000 barrister solicitors, more than 1,000 of whom had the rank of QC (DCA). Advocates, on the other hand, appear in court to argue a case before a tribunal and are divided into junior and QC.
The first QC was appointed by the Crown at the end of the 16th century on the advice by law officers, but the rank or office was granted more often in the 17th century on an individual basis, rather than on the basis of extending forensic help and support to the Crown's decisions and functions (DCA). By 1996, appointment for QC was limited to barristers, but eventually was extended to solicitors who had the right to appear in higher courts. The Lord Chancellor usually recommends the appointee but lawyers may apply with him but must pay the processing cost. After thorough consultations with the judiciary and other practitioners, he makes the decision, based on the candidate's leadership qualifications in the profession that compare with those already in the rank. There have been non-practicing advocates who have been awarded with the QC status on account of their valuable contribution to the field of law, such as academic excellence (DCA)."
| |
|
British Credit Card System, 1992.
Examines how the system compares to the U.S., discussing structure, types, profits, regulations, consumer issues and competition.
2,250 words (approx. 9.0 pages), 15 sources, $ 79.95
»
Click here to show/hide summary
From the Paper
"BRITISH CREDIT CARD SYSTEM
Industry Development
The British credit card system developed largely in the wake of the American credit card system. Credit cards began in the United States with the issuance of department store and gasoline cards. What is known as the credit card industry, however, really began to develop with the introduction of travel and entertainment cards-Diners Club, American Express, and Carte Blanche-in the late-1940s and early-1950s. American travel and entertainment cards were introduced into Britain in the 1950s.
General purpose credit cards, the backbone of the credit card industry, were introduced in the United States in the early-1960s. General purpose credit cards are those which, as their name implies, may be used to pay for a wide variety of goods and services ..."
| |
|
U.S. and European Jury Systems, 2005.
Compares the two principle forms of legal systems in use in the world today.
1,844 words (approx. 7.4 pages), 5 sources, MLA, $ 59.95
»
Click here to show/hide summary
Abstract
This paper compares and contrasts the legal system based on civil law and the legal system based on common law. The paper explains how civil law, enforced in Continental Europe, Latin America, most of Africa, and several Central European and Asian nations, and common law, enforced in the United States, England, and other countries that used to be part of the British Empire, differ in their origins and their different trial and arrest proceedings. The paper also explains how the two systems are inherently opposed to each other, although each shares the common goal of conducting the just, speedy, and inexpensive resolution of conflicts.
From the Paper
"The civil law system originated from ancient Roman law in the 6th century under Emperor Justinian and later modified by French and German jurists (Messitte 1999). On the other hand, the common law system began in England almost a thousand years ago when royal judges in the Parliament based their decisions on customary law common to the people, with capable lawyers giving support. In Europe, Justinian's law books and the legal system of the Catholic Church harmonized a thousand local laws, but England was constructing its own flexible legal system. It rejected the sentiment of the French Revolution that the power of judges should be controlled and that judges should limit the application of the law to the intent of the legislature (Messitte)."
|
|
|
