The Work of the Magistrates Court and Magistrates
In the legal system there are many different types of courts. This
essay talks about the Magistrates Courts and the Magistrates
themselves. The office of magistrate dates back to the 12th century
when Richard 1 appointed "keepers of the peace". They have performed
judicial functions since the 13th century and the term, justice of the
peace was being used as far back as 1361. Magistrates were in charge
of the police up until 1839. Paid magistrates have existed since the
late 18th century and they have had to be legally qualified since the
mid 19th century, when it was decided they must be barristers.
Lay magistrates in England and Wales, except in the Duchy of
Lancaster, are appointed by the Lord Chancellor on behalf of the
Sovereign. Candidates are recommended to the Lord Chancellor for
appointment by his local advisory Committees. These consist of
magistrates and other local people. The Lord Chancellor will consider
a candidate's personal suitability for appointment regardless of
ethnic origin, gender, marital status, political affliction, religion
or (depending on the physical requirements of the office) disability.
Preparation for becoming a magistrate involves induction evenings,
training days and visits to prisons and young offenders institutions.
It may take two years to be vetted, approved, trained and sworn in but
to become the chair, they will need at least five years experience.
On appointment, magistrates are required to swear, or affirm, that
they :
'Will be faithful and bear true allegiance to Her Majesty Queen
Elizabeth the Second, her heirs and successors, ac...
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...ir case not to be heard in the
magistrates court they will usually tried in the Crown Court. The
Crown Court has a lot more sentencing power then the magistrates court
so a downside to this choice is if they are found guilty they are
likely to have a harsher punishment than a magistrates court would
give.
For a single criminal offence committed by an adult, a magistrates
sentencing powers include the imposition of fines, community service
orders, probation orders or a period of time in custody. Magistrates
cannot normally order sentences which exceed 6 months (or 12 months
for consecutive sentences) or fines exceeding £5000. Magistrates may
also sit in the Crown court with a judge to hear appeals from
magistrates's courts against conviction or sentence and proceedings on
committal to the crown court for sentence.
The “writ of Henry I on local courts” is an administrative command issued around 1108 by Henry I, King of England during the Anglo-Norman period from 1100 till 1135. Henry addresses the writ to two individuals specifically in the country of Worcestershire, Samson and Urse of Abbetot, as well as to the barons of Worcestershire generally. Samson and Urse both held titles of prestige and power in Worcestershire County as the bishop and sheriff respectively at the time. The writ generally concerns the court systems, both royal and local, and more specifically delineates the jurisdictional spheres to be enjoyed by the particular courts concerning land disputes. Technically, the writ alludes to four distinct courts: the King’s Court, the Lord’s Court, and the County (or Shire) Court and the Hundred Court. Moreover, it refers to two types of people within Anglo-Norman society: the barons, or lords, and the vassals, or those who held the lands of, and at the pleasures of, the barons.
The city of Dover must also recognize the politics that go along with this type of vacancy. A number of outside players, including but not limited to O’Hara Transport, would like to see particular candidates appointed in order for personal gain, rather than public. The following is an overview of the four candidates.
The system of crime and law enforcement had hardly changed in Britain since the medieval times. Justices of the Peace or JPs were appointed by the Crown since 1361. Before the night watchmen and parish constables were introduced a primitive police force was introduced and the JPs were assisted by constables who only worked part time and were very unreliable as the pay was really bad. The early stages of the force consisted of a night watchmen and parish constables, who were prior to the creation of the main police force. Watchmen were groups of men, usually authorised by a state, government, or society, to deter criminal activity and provide law enforcement. Constables were required to apprehend anyone accused of a felony and bring criminals to a justice of the peace. They also had a general responsibility to keep the peace. There was no expectation that they would investigate and prosecute crimes because of limited responsibility and training. Night watchmen patrolled the streets between 9 or 10pm until sunrise and were expected to examine all suspicious characters. In the City of London, the City Marshall and the Beadles (Parish wardens) conducted daytime patrols. Similar to the night watchmen, primary responsibilities were to patrol and deter, drunkenness, beggars, vagrants and prostitutes and to act as a deterrent against more serious offences. Over the course of this period, the arrangements by which men served as constables and watchmen changed significantly, to incorporate how felons were detected and apprehended.
A magistrate is a judge who administrates the law and, in this case, uses Confucian and Legalist values, to enforce the combined principles. An effective magistrate is honest and fairly "decide[s] who is guilty and who is innocent (5)." A hard working judge, like Judge Dee, will find the criminal and continue to take cases on top
... diploma, and must be a county resident for at least one year. Position of magistrate is gained either through appointment or partisan countywide election. State court judges are elected through nonpartisan countywide elections and must be a county resident. They must be at least 25 years of age, have 7 years experience practicing law, and be a state resident for a minimum of 3 years. Superior Court judges are required to have 7 years experience practicing law, be a circuit resident, be a state resident for a minimum of 3 years, and be no younger than 30. Superior court judges are elected in nonpartisan countywide elections.
The life of every American citizen, whether they realize it or not, is influenced by one entity--the United States Supreme Court. This part of government ensures that the freedoms of the American people are protected by checking the laws that are passed by Congress and the actions taken by the President. While the judicial branch may have developed later than its counterparts, many of the powers the Supreme Court exercises required years of deliberation to perfect. In the early years of the Supreme Court, one man’s judgement influenced the powers of the court systems for years to come. John Marshall was the chief justice of the Supreme Court from 1801 to 1835, and as the only lasting Federalist influence in a newly Democratic-Republican government, he and his fellow justices sought to perpetuate their Federalist principles in the United States’ court system. In one of the most memorable court cases of all time--the case of Marbury v. Madison-- Marshall established the idea of judicial review and strengthened the power of the judicial branch in the government. Abiding by his Federalist ideals, Marshall decided cases that would explicitly limit the power of the state government and broaden the strengths of the national government. Lastly, the Marshall Court was infamous for determining the results of cases that dealt with the interpretation of the Constitution and the importance of contracts in American society. The Marshall Court, over the span of a mere three decades, managed to influence the life of every American citizen even to this day by impacting the development of the judicial branch, establishing a boundary between the state and national government, and making declarations on the sanctity of contracts ("The Marshall Court"...
The magistrates are what the American government would consider the executive branch. They were the leaders of the political and military aspects of government and were led by the consuls. In most cases, the magistrates were only able to hold office for one year, this way they did not have enough time to accumulate power and ultimately overthrow the government or leave a significant impression on the Republic ...
Throughout the years there has been limitless legal cases presented to the court systems. All cases are not the same. Some cases vary from decisions that are made by a single judge, while other cases decisions are made by a jury. As cases are presented they typically start off as disputes, misunderstandings, or failure to comply among other things. It is possible to settle some cases outside of the courts, but that does require understanding and cooperation by all parties involved. However, for those that are not so willing to settle out of court, they eventually visit the court system. The court system is not in existence to cause humiliation for anyone, but more so to offer a helping hand from a legal prospective. At the same time, the legal system is not to be abuse. or misused either.
The English legal system is complex and there are many ways in which it can be influenced, this essay will explore some of the different, more obvious ways the law can be changed and what this shows in relation to the quote above. First the essay will discuss the different ways the law can be created and changed and who enables and controls those changes, with my primary examples being the common law and legislation for the judicracy and Parliament respectively, then the essay will cover to what extent these powers enable the judicracy to change and create law in relation to Parliament and if it could be discribed as "opportunistic and piecemeal".
The American Court System is an important part of American history and one of the many assets that makes America stand out from other countries. It thrives for justice through its structured and organized court systems. The structures and organizations are widely influenced by both the State and U.S Constitution. The courts have important characters that used their knowledge and roles to aim for equality and justice. These court systems have been influenced since the beginning of the United State of America. Today, these systems and law continue to change and adapt in order to keep and protect the peoples’ rights.
•To become a barrister one had to go to a certain number of dinners at the Inns of Court for 3 years. Then if you were approved of by the older lawyers you’d be “called to the bar” and then could become a barrister. There was no exam required.
The Courts and Legal Services Act of 1990 The Courts and Legal Services Act 1990 has had a positive impact on the Legal Profession and Legal Services, it made many changes and has led to a lot more reforms since. The Courts and Legal Services Act 1990 was the first major change to give solicitors full rights of audience. Solicitors already had advocacy rights in the Magistrates' Courts and the County Courts. The Act allowed solicitors with experience of advocacy in the Magistrates' Courts and County Courts to apply for a certificate of advocacy.
In the 15th century, after the creation of common law, it became usual that litigants who thought that they had been cheated by the common would ask to see the King in person, they felt cheated for different reasons but the most common ones where due to the use of juries, who could be intimidated or corrupted and that the Court only had one remedy which was damages and it was often inadequate, they paid too much attention to formalities did not recognise the trust, among others, being the repudiation to this sort of cases the start of the system of equity.
The courts have the function of giving the public a chance to present themselves whether to prosecute or defend themselves if any disputes against them rise. It is known to everyone that a court is a place where disputes can be settled while using the right and proper procedures. In the Criminal court is the luxury of going through a tedious process of breaking a law. Once you have been arrested and have to go to court because of the arrest, you now have a criminal case appointed against you. The court is also the place where a just, fair and unbiased trial can be heard so that it would not cause any disadvantage to either of the party involved in the dispute. The parties are given a chance to represent themselves or to choose to have a legal representative, which is mostly preferred by many.
The English Legal System The English legal system is based on Common Law as opposed to Civil Law. Common Law is a system whereby Judges apply judgment derived from experience as well as knowledge of legal precedent; a system based on customs. Whereas Civil Law, which developed out of the Roman Law of Justinian’s Corpus Juris Civilis, is mainly based on written legislation, thus judgements are made on the provisions of codes and statutes; a system based on written doctrine. The English Legal System is extensive and very complicated therefore, I have decided for the purposes of this essay to discuss areas in which I have sufficient knowledge to form an opinion and conclude as a whole from these discussions. I will begin with why laws are made i.e. who by and who for, the constantly changing nature of English society and how this is reflected by legal reform.