Classification of law
Unit 2
Civil Courts
Crown Courts.
Crown Courts act as the courts of first instance (trial courts) for serious criminal cases and the courts of appeal for Magistrates’ Courts. Only professional judges work in the Crown Courts: High Court Judges, Circuit Judges and Recorders.
High Court Judges usually try the most serious criminal cases. Circuit Judges try certain categories of serious criminal offences such as murder, rape, child abuse and fraud.
The judge presides over the trial, but the decision on guilt or innocence is made by a jury of twelve citizens. The judge's functions are, first, to see that the trial is properly conducted; second, to give guidance to the jury before asking it for its verdict; and finally, if the jury finds the accused guilty, to decide upon the penalty and pronounce a sentence.
Appeals against the decisions of the Crown Court may be taken to the Court of Appeal.
The most important civil courts are the county courts, which deal with minor cases, and the High Court, before which more serious matters are brought. Most appeals go to the Court of Appeal (Civil Division) in London. The Civil Division can provide legal remedy against judgments of the High Court and the county courts. Only professional judges work in county courts. They are Circuit Judges who also work in the Crown Courts.
The High Court of Justice is above the county courts. There are three divisions in the High Court – the Queen’s Bench Division, Chancery Division and Family Division.
The Queen’s Bench Division consists of about 80 High Court Judges. The judges of this Division try criminal and civil cases both in London and other cities. They also take appeals from lower courts – Crown Courts and Magistrates’ Courts. The QBD also exercises supervision over the lower courts.
The Chancery Division consists of about 20 High Court Judges and is headed by the Chancellor of the High Court. It deals with questions of company law, bankruptcy, trusts, patents, taxes, finance and property. The Chancery Division deals only with civil cases.
The Family Division consists of 20 High Court Judges, headed by the President of the Family Division. It deals with divorce, separation of spouses, wills, adoption of children, guardianship and some other matrimonial and family matters.
All the divisional courts act as courts of first instance and as appellate courts.
Law is a system of rules established by the state.
Civil law concerns disputes among a citizens within a country, and public law concerns disputes between citizens and the state, or between one state and another.
The system of law in our country consists of different categories of law.
Constitutional law is the leading category of the whole system of law. Its principal source is the country’s Constitution. It deals with social structure, the state system, organization of state power and the legal status of citizens.
Administrative law is closely connected with constitutional law but it deals with the legal forms of concrete executive and administrative activity of a government and ministries.
Criminal law defines the general principles of criminal responsibility, individual types of crimes and punishment applied to criminals. Crimes are wrongs which, even committed against an individual are considered to harm the well-being of society in general. Criminal law takes the form of a criminal code.
International law regulates relations between governments and also between private citizens of one country and those of another.
Financial law regulates the budget, taxation, state credit and other spheres of financial activity.
Civil law is connected with relations in the economic sphere of life, with relations involving property, its distribution and exchange. The right in property is the central institution of civil law.
The rules of employment law include the legislation on the employment of industrial and office workers and regulate matters arising from employment relations.