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Civil law, Common law, Criminal law
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The term ‘civil law’ contrasts with both ‘common law’ and ‘criminal law’.
Civil law is1) the legal system developed from Roman codified law; 2) the area of the law concerned with non-criminal matters.
Common law is the legal system which is the foundation of the legal systems of most of the English-speaking countries, based on customs and court decisions.
Criminal law is the area of the law which deals with crimes and punishments.
Civil law is opposed to common law as a legal system.
Civil law was inspired by old Roman law, the main feature of which was that laws were written into a collection and codified. The principle of civil law is to provide all citizens with a written collection of laws which apply to them and which judges must follow. In contrast, common law was originally developed through customs, at a time before laws were written down.
Common law is based on precedents created by judicial decisions. It means that past judgments are taken into consideration when cases are decided.
Civil law is opposed to criminal law as the body of law.
Civil law deals with rights of private citizens. Violation of these rights is a private wrong, or tort. Criminal law is the body of law setting limits of social conduct and forbidding unlawful actions. Violation of these laws is a public wrong, or wrong against society.
Enforcing the law
Governments have many ways of making sure that citizens obey the law. They make the public aware of what the law is and try to encourage social support for law and order. They use police forces to investigate crimes and catch criminals. They authorize courts to complete the investigation of criminal and civil offences and pass sentences to punish the guilty and deter others. And they make efforts to re-educate and reform people who have broken law.
The laws of all countries are to be found in written records – the legal codes of countries with continental systems, the statutes and case judgments of common law countries, warnings on official forms and notices in public buildings. Many people do not know where to find these records and do not find it easy to read them. But ignorance of the law is almost never a defense for breaking it. Governments usually expect citizens to be aware of the laws which affect their lives. Sometimes they seem very harsh, for example, when the law is very technical.
Police
Britain has 52 regional police forces, which are responsible for maintaining law and order in their own area. London has two police forces, the Metropolitan Police and the City of London Police. Each regional police force is led by a Chief Constable. Police officers wear dark blue uniforms, and constables wear tall hard helmets. The British police force is relatively small, with one police officer to every 400 people. Each police force has a Criminal Investigation Department (CID) of detectives. CID officers are chosen from the police. They do not wear uniforms and have the title Detective before their rank, e.g. Detective Inspector Jones. Individual police forces have other special units for areas such as traffic, child protection, etc. And there are also national police organizations, such as Special Branch which works to prevent terrorism. In 2004 the government announced the creation of a new national organization, the Serious Organized Crime Agency.
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Courts.
British law is divided into civil law and criminal law. Civil law concerns disagreements between individuals about matters such as business contracts. Criminal law deals with offences. In civil cases, the plaintiff brings an action against the defendant in the hope of winning damages. Criminal cases are brought against criminals by the state.
In England most towns have a Magistrates’ court where minor criminal cases are judged by three magistrates called Justices of the Peace, specially trained members of the public. More serious cases are heard in a Crown Court by a judge and a jury. Minor civil cases, such as divorce and bankruptcy are heard in the county courts and more serious ones in the High Court of Justice. Appeals against decisions from the Crown Court or the High Court go to the Court of Appeal. A few cases, where a question of law is in doubt go to the House of Lords.
Lawyers’ work
Lawyers work to assure the principle of equal justice under law to the people of the state.
A lawyer is both an advisor and an advocate. As an advisor, a lawyer informs clients about legal matters or represents persons, businesses, and the government in such matters as contracts and commercial transactions.
As an advocate, a lawyer acts for the client in court. A lawyer also advocates on behalf of clients in resolving disputes out of court.
Lawyers’ work can include defending or prosecuting those accused of committing a crime.
Lawyers research legal issues, draft contracts, wills and other documents, counsel, mediate, and negotiate settlements.
Some lawyers specialize in advising corporations working as in-house counsel. They also act for the company in court if a dispute arises.
Most lawyers practice in law firms that can be small or big, but usually have different areas to counsel clients on.
Usually, lawyers concentrate on a certain practice area: taxation or intellectual property, some practice public interest law, for example working to protect the environment.
Some lawyers may be appointed or elected to serve as judges. Judges preside in the courtroom. They resolve disputes and give the judgments. In a jury trial they rule on points of law and tell the jury about the law that governs the case.
Lawyers also work for various government agencies and organizations.
Legal careers also include teaching law and research.
Professional titles
The legal profession in England is divided into two main groups: barristers and solicitors. A distinction between them is that barristers do the court work and solicitors do the office work. A barrister spends most of his time either in a courtroom or preparing his arguments for the court and a solicitor spends most of his time in an office giving advice to clients, making investigations and preparing documents.
Barristers specialize in arguing cases in front of a judge and have the right to be heard, the right of audience, even in the highest courts. They are experts in the interpretation of the law. They are called in to advise on really difficult points. The barrister is also an expert on advocacy (the art of presenting cases in court). They are not paid directly by clients, but are employed by solicitors. Barristers work in what are known as chambers. They belong to the institutions called Inns of Court, which are ancient organizations rather like exclusive clubs. Judges are usually chosen from the most senior barristers, when they are appointed they cannot continue to practice as barrister.
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Solicitors do much of the preparation for cases which they then hand to barristers. Solicitors do legal work which does not come before a court, such as drawing up wills and dealing with litigation which is settled out of court. Solicitors have the right of audience in lower courts, but in higher courts they must have a barrister argue their client’s case.
In the United States there is no division of the profession and a lawyer does both office work and courtroom work. A practicing lawyer in the USA is an attorney.
Entering the profession
In some countries in order to practice as a lawyer it is necessary to get a university degree in law. In others, a degree may be insufficient, professional examinations must be passed.
In Britain the main requirement is to pass the Bar Final examination (for barristers) or the Law Society Final examination (for solicitors). Most solicitors begin their careers with a degree, usually in law, from a recognized university followed by a year in a specialized law school run by Law Society. Then follows two years' practical experience as an articled clerk. During this time his work is closely supervised by an experienced lawyer, and he must take further courses. Barristers must have a second class honours degree from a recognized university. Then follows a one-year course at the Inns of Court School of Law. After the Bar final examinations, a student must find a pupillage in chambers, where he is attached to an experienced barrister and attends court with him for 12 months, learning his profession.
Jury
Under the legal system of England a person accused of a serious crime who pleads ‘not guilty’ to the crime will be tried by a jury. Juries also hear some civil cases and decide whether a person is “liable” or “not liable”. Jurors are selected at random from lists of adults who have the right to vote. They must be between the ages of 18 and 70 and have lived in Britain for at least five years. Members of the armed forces, the legal profession and the police force are not allowed to sit on juries. In England 12 people sit on a jury. The court pays only their expenses. Lawyers representing either side in a case have the right to object to a particular person being on a jury. The jury hears the evidence presented by both sides. After that the jury retires to the jury room to discuss the case. When all members of the jury agree they return the verdict, go back into court and say whether the accused is guilty or not guilty. The verdict is announced by the foreman (the person chosen by the jury as their leader). Sometimes the jury cannot all agree and the judge may allow a majority verdict (no more than two members of the jury disagree). If no verdict is reached the trial is abandoned and started again with a new jury. It is not the responsibility of the jury to decide punishment though in some civil cases they may decide how much compensation should be paid.
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