Module Title: Business Law

Student Name: Mihai Nica

Student ID: MN091915196DBM
Lecturer: Dr Mabel Zvobgo

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Introduction
In this essay, I will explain how the law and case law shall be added in both criminal
and civil cases and how the court system operates in the United Kingdom. The Law is
a system of laws established by a society or government to deal with crime, trade
deals, and social ties. English law is drawn up in four essential ways:
legislation, (common) case law, human rights law and EU law. It is established that
Parliament is the supreme legislative jurisdiction, with the exception of EU law (Jones,2017).

Discussion

The Statute law is a written legislation drawn up by Parliament, which is the product of
decisions made by other courts and the written constitution of the nation. It is the highest
form of legislation that passed by the Acts to the Houses of Parliament when they address
whether or not the Act will be in effect.
Parliament's legislation begins as a bill. Public bills are brought by members of 
the government and have an impact on the general public. Private bills concerning individuals
or a locality shall be drawn up by non-Members of Parliament. Bills go through a variety of
stages – first and second readings, committee and study phases, and third readings before
heading to the House of Lords where any changes are made. After receiving the Royal
Assent, the Bill become a statute.
The Case law is the decisions of the appellate courts and other courts which make new
interpretations of the law and may therefore be cited as precedents. Such definitions are
distinct from the "legislative law" of the statutes and codes (laws) enacted by the legislative
bodies, "regulatory law" which is the regulation prescribed by the statutory bodies and, in
some States, the Common Law.

Criminal law refers to a body of law which is responsible for criminal acts. In cases where an
individual failing to comply with a relevant criminal statute, he or she commits a criminal act
in violation of the law. This body of law differs from that of civil law, because criminal law
sanctions connote the confiscation of one's freedoms and incarceration.

Civil law is a body of law that establishes private rights and remedies and regulates disputes
between parties in areas such as contracts, property and family law, other than criminal or

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public law. Civil law systems that trace their origins to ancient Rome are regulated by the
doctrines established and collected by the rule of the learned (Adams,2017).

One example of Statute law is the Belmarsh case (2004) when The Human Rights Act
allowed judges to review legislative actions to test whether they are consistent with the
European Convention on Human Rights. With this power, the House of Lord ruled that a law
that allowed terrorist suspects to be held indefinitely without trial violated human rights
suspects. The case illustrates how modern courts are questioning not only whether
government action is legally permissible, but also if it is consistent with human rights (The
Conversation Journal,2017).

In a Case Law, a single decision of the superior court is completely binding on the
subsequent lower courts. Some higher courts, however, find themselves bound by their own
rulings, while others do not. In 2016, Gina Miller brought a lawsuit against the United
Kingdom Government, demanding that it couldn’t trigger Article 50 – and therefore Brexit –
without an Parliament’s Act. Acting in Millers favour in 2017, the Supreme Court drew on
the 1610 case of proclamations. But there's no question that even the old cases have the
ability to influence our day’s community. (The Conversation journal,2017)
A criminal Case Law was General Pinochet, in 1998 after former Chilean dictator General
Pinochet was arrested in London. In compliance with the principles of universal jurisdiction,
he was arrested following a request for extradition from Spain on charges of crimes against
humanity. Law lords also confirmed that there could be a limit to the protection enjoyed by
heads of state. While Pinochet was never extradited, the case sent out a clear message of
accountability to leaders who commit human rights violations before the international
criminal court was formed. The case is also well known to lawyers as it was announced,
during the first trial, that one of the rulers of justice, Lord Hoffmann, was a representative of
Amnesty International, a party to the proceedings. The entire hearing had to be replicated in
order to prove that "justice must not only be done but be seen to be done."(B.B.C.,2000).

The structure of the court system and the tribunal system in the United Kingdom is
complicated as it has grown over a thousand years. Various classes of cases are dealt with in
different courts: for example, all criminal cases originate in the courts of the magistrates, but

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the more serious criminal cases are referred to the Crown Court. Appeals from the Crown
Court shall be made to the High Court and, theoretically, to the Court of Appeal or even to
the Supreme Court. Civil cases are also dealt with by magistrates, but they could well be
going to the county court. Then, appeals will go to the High Court and then to the Court of
Appeal and with the various branches of those trials.
The judicial system has its own mechanism for how to deal with lawsuits and appeals, but
decisions taken by the various chambers of the Upper Tribunal and the Employment Appeals
Tribunal may also be referred to the Court of Appeal. The courts structure covers England
and Wales; the tribunals system covers England, Wales, Northern Ireland and Scotland. The
diagram (Ministry of Ethics Journal,2016) below illustrate the ways followed by various
cases as they pass through the court system and which court deal with whatever case.

Sometimes disputes can be resolved outside the trial in a private setting such as consultation,
mediation or arbitration, which can be collaborative or adversarial, depending on the
circumstances. Mediation can be a faster and cheaper way to sort out issues.
For example mediation is where an neutral and objective third party addresses a issue with
you and your superior (or with you and another employee) to try to find a solution. 

Arbitration can be seen as an alternate form of court with the arbitrator setting down
guidelines for the release of expert testimony and records. Arbitration is where, after
considering all the problems, a third party takes a final decision on a dispute.

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Conclusion

This essay seeks to briefly present the organisation of the judicial system in the United
Kingdom and to familiarise the reader with the notions of judicial practise. A much broader
description would be needed for a better understanding of how the judiciary operates, as a
system with more than 1000 years of activity is described. Judicial system in the United
Kingdom is a functional and robust system which ensures the proper performance of the
activity of judges in the use of laws.

References:

Adams, A. (2018), Law for Business Students. Harlow, Pearson

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 Jones, L. (2017), Introduction to Business Law. Oxford, OUP

Gillespie, Alisdair (2015), The English Legal System, Oxford University Press, 5th ed. 2015

Roach, L., Card & James (2016) Business Law, OUP, April 2016