British legal system

Extract

[...] Powers not granted to the federal government are instead specifically reserved to the states in the U.S. Constitution. the U.S. does not have a "Tribunal System" as the U.K. does for certain disputes. court-going barristers are known as "litigators" in the U.S., and solicitors are called "corporate" or "transactional" attorneys, Constitutional law is different. [...]

[...] Session the main actors in a courtroom in the British legal system Towards a fused legal profession? Advantages of the actual system : - Barristers can argue a case in court more objectively and free from the immediate pressures associated with directly representing a client. - Having an independent barrister reviewing a course of action gives the client a fresh and independent opinion from an expert in the field. The detachment of barristers from clients means that a more objective approach may be adopted. [...]

[...] The Legislative Branch has the following powers over the Judicial Branch: May remove judges from office through impeachment for misbehavior Senate approves/confirms appointments of judges Congress has the power to create federal courts and determine their jurisdiction The Executive Branch has the following powers over the Legislative Branch : Presidential Veto Ability to call special sessions of Congress The Executive Branch has the following powers over the Judicial Branch : The President nominates Supreme Court justices and other federal judges The Judicial Branch has the following powers over the Executive Branch : Judges, once appointed for life, are free from controls from the executive branch The courts consider the constitutionality of the actions taken by the executive branch The Judicial Branch has the following powers over the Legislative Branch : The Supreme Court and other Federal Courts can declare laws unconstitutional, in a process known as judicial review Main differences: Much like the main subdivisions of the U.K. (i.e. England, Wales, Scotland, and Northern Ireland), the states of the U.S. have their own laws, court systems, and bar associations. In the U.S., federal law and court decisions generally take precedence over these state laws and decisions. [...]

[...] In this court they sit in a bench of three. When they sit in the Youth Court or Family Court, they must be one man and one woman. The judicial appointments commission is composed of 15 members lay members acting from a judicial capacity legal professionals, a tribunal member, and a lay magistrate. The role of the Commission is to select the judges on the basis of the merits of their applications, with a regard on diversity. For nomination of judges into the Supreme Court: the Lord Chancellor makes a a selection panel including someone of the commission who will report to him a decision. [...]

[...] Case law is a secondary source of law in the French system and hasn't a binding force. Primacy of legislation: - Constitutional block - International law - Legislation - statute law - Customs - Secondary sources of law: Case Law + doctrine Article 4 code civil: judges must take decision, or it will be considered as a deny of justice Article 5 code civil: judges' decisions aren't equal to the legislation Civil law systems: primary source of law, statutory law; case law for example application of laws and occasional interpretations or secondary. [...]