Justice and Law in Britain

英國法律專業essay代寫目的和要求：了解英國法律制度的特點，英國的刑事程序、民事法庭、司法機構、警察以及對違法者的處理。
教學方法：提問、講解、比較
教學手段：課件演示
教學重點和難點：1、Criminal proceedings
2、Criminal courts
3、Civil Courts
4、The Judiciary
5、Police
6、Treatment of Offenders
課堂討論：Differences of criminal proceedings in Britain and China
考核目標：1、Primary sources and common features of British law
2、Criminal Courts and Civil Courts in Britain
3、Courts of Appeal
4、The Judiciary in Britain
5、Treatment of Offenders
教學過程及內容：
0. Introduction
The administration of justice in Britain is independent of both Parliament and the Government. Every citizen has the right to equal treatment before the law. People accused of more serious crimes are tried in open court by a judge and jury. Less serious cases are tried by law magistrates.
Fines, probation or imprisonment may be imposed on a convicted person. There is a mandatory sentence of life imprisonment for murder throughout Britain. Life imprisonment is the maximum sentence of a number of other serious offences, such as robbery, rape and manslaughter.
Although Britain is a unitary country, England and Wales, Scotland and Northern Ireland all have their own legal systems.
1. What are the common features of all systems of law in Britain?
(1) A feature common to all systems of law in the UK is that there is no complete code.
(沒有一部完整的法典)。
(2) Another common feature is the distinction made between criminal law (刑法)(concerned with wrongs against the community as a whole) and civil law (民法)（concerned with disputes between individuals about their rights, duties and obligations; and dealings between individuals and companies, and between one company and another）。
2. What are the primary sources of British Law?
The sources of British law include:
(1) statutes 成文法
(Acts of Parliament and subordinate legislation made under powers conferred by Parliament)
(2) a large amount of “unwritten” or common law 不成文法或習慣法
gathered from numerous decisions of the courts and other sources.
(3) Equity law 衡平法
（a supplementary means to deal with cases not covered by common law）
(4) European Community law 歐洲大陸法
Which derives from Britain’s membership of the European Union and is confined mainly to economic and social matters.
英國法律專業essay代寫I. Criminal Proceedings 刑事（訴訟）程序
1. Arrest
(1) What should be done if a person is arrested?
It is the law throughout UK that as soon as anyone is arrested, (s)he must be charged and brought before the court with the least possible delay.
(2) What could be done to an arrested person if the case is not so serious?#p#分頁標題#e#
Unless the case with which an arrested person is charged is very serious, he will usually be granted bail (保釋) if he cannot be brought before the court within a day.
2. Criminal trials
(1) Where will the trials be held?
All criminal trials are held in open court.在法院公開審理
(2) Why criminal trials hold in open court?
Because the criminal law presumes the innocence of the accused until (s)he has been proved guilty beyond reasonable doubt.
(3) Should the arrested person be compelled to answer questions of the police?
A. No accused person has to answer the questions of the police before trial;
B. If the accused does make a statement, this cannot be used in evidence at his trial unless he has been cautioned properly.
C. The police must caution the suspect before charging. The purpose is to remind him of his legal rights.
The police would say: “You have the right to keep silent. Nobody will force you to tell anything. But what you say will be used as evidence before the court.”
(4) Should the arrested person submit to cross-examination in court?
The accused is not compelled to give evidence or submit to cross-examination（盤問）in court.
3. When should a solicitor be employed?
(1) Every accused person has the right to employ a legal adviser to conduct his defence.
(2) If he cannot afford to pay, he may be granted aid at public expense.
4. Trials by jury
What do you know about the jury system in UK?
(1) What is the role of the jury?
In criminal trials by jury, the judge passes sentence, but the jury decides the issue of guilty or innocence.
(2) Who makes up of the jury and how is the jury formed?
A. The jury consists of ordinary, independent citizens summoned by the court: 12 in England, Wales and Northern Ireland, and 15 in Scotland.
B. People between the age of 18 and 70 (65 in Scotland) whose names appear on the electoral register are liable for jury service and their names are chosen at random.
(3) How is the verdict made?
A. if the verdict of the jury cannot be unanimous, it must be by a majority.
B. In England, Wales and Northern Ireland a majority verdict means there are not more than 2 dissenters out of the normal jury of 12 people, while in Scotland the jury’s verdict of “guilty” can only be reached if at least 8 out of 15 members are in favor.
(4) What does a verdict of “not guilty” mean?
A verdict of “not guilty” means acquittal for the accused, who can never again be charged with that specific crime.
II. Law Courts
1. How do you divide the British courts according to the nature of cases?
The British courts can be divided into criminal courts and civil courts according to the nature of cases.
2. How many tiers of courts are there in Britain? And what are they?
3-tier courts: Magistrates’ Courts, County Courts and Supreme Courts#p#分頁標題#e#
(1) Magistrates’ Courts 治安法庭
A. What are the other names of these courts?
They are also known as “police courts”, “petty sessions”, and “summary jurisdiction”(即決法庭)
B. Are the Magistrates judges?
They are not judges. They are usually called “Justice of the Peace” (J.P.)
C. What kind of cases do they usually deal with?
Magistrates’ Courts try summary offences and the “either way” offences.
Summary offences: less serious offences and the vast majority of criminal cases.
“either way” offences: theft, less serious cases of burglary and some assaults.襲擊
D. Some are not salaried, others are stipendiary.
(2) County Courts
A. they are primarily civil law courts, the main courts of civil jurisdiction.
B. Jurisdiction cover
The jurisdiction of county courts mainly includes:
a. Actions found upon contract and tort 民事侵權 (actionable可控的 wrongs such as negligence, defamation, malicious prosecution, nuisance and trespass); 基于契約和民事侵權的行為（如玩忽行為、誹謗、惡意指控、騷擾和侵犯登科提起訴訟的不法行為）
b. Trust and mortgages cases 信托和抵押案
c. Cases involving disputes between landlords and tenants;
d. Complaints about race and sex discrimination;
e. Divorce cases and other family matters.
(3) Supreme Court
Supreme Courts include Courts of Appeal, Crown Court and the High Court.
Appeals in criminal cases may be heard by the Crown Court, the High Court, and the Court of Appeal.
A. The High Court deals with more complicated civil cases. Its jurisdiction covers mainly civil and some criminal cases.
B. The Crown Court tries the most serious offences such as murder, manslaughter, rape and robbery.
C. The Court of Appeal deals with appeals from secondary courts.
IV. The Judiciary 司法機構
England and Wales
Responsibilities for the administration and management of the legal system are divided between various government departments and agencies, including:
The Departmental for Constitutional Affairs. The department has overall responsibility for the court system, the appointment or advising on the appointment of judges, the provision of legal aid and legal services and the promotion of reform and revision of English civil law.
The Department for Constitutional Affairs was created in June 2003 as part of continuing reforms of the former Lord Chancellor's Department.
The Home Secretary has overall responsibility for criminal law, the police service, the prison system and the probation service.

1. There is no ministry of justice 司法部 in UK. Central responsibility lies with the Lord Chancellor 大法官，the Home Secretary內政大臣，and the Attorney General檢察總長。
2. The highest judicial appointments are made by the Queen on the advice of the Prime Minister.#p#分頁標題#e#
V. Police
1. The police service for the UK is organized and controlled on a local basis under the Home Secretary內政大臣。
2. Police are public employees, not government officials.
3. They are required to serve the public in many aspects because of the common belief that they are dependent on taxpayers.
4. The Scotland Yard
It refers to the Criminal investigation Department of London police and as such frequently appears in English detective stories.

英國法律專業essay代寫課后思考與練習：
1、Answer the following questions:
1) What are the primary sources and common features of British law?
2) How do you divide the British courts according to the nature of cases?
3) What does the civil courts system do?
4) What is the Jury’s job?
5) What is the function of the High Court?
6) What do you think of the abolition of capital punishment for murder in Britain?