English Legal Process Assignment Sample

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• Subject Name : Criminal Law

Criminal Case

Table of Contents

Part 1

Issue

Rules

Application

Conclusion

Part 2

Bibliography

Part 1

Issue

The legal matters of all the Jurisdiction methods should be understood or read under the model of IRAC. Generally, IRAC describes the issue, rule, application and conclusion of a case which can be studied under the jurisdiction cases. IRAC is used variably in different cases to maintain the law and order of any case. This model is used by the law students or in the matters oriented with jurisdiction. IRAC first comes to the issue. It is simply a question that should be asked and answer under the law section. In any case, the key feature is to detect the issue and then to proceed with the case details.

Rules

In the IRAC method secondly, come the Rules. The rules section of IRAC is followed by the section issue. When the important question is spotted out from among the cases, the second phase of IRAC starts its work to ensure the work method. Rules are then applied. It is the written process in the jurisdiction. It is the common law that is applied to the cases under court laws. Each and every law should have its rule. It abides with the law and jurisdiction. In all cases, rules are specifically denoted to denote the action of the cases. Rules are enforced on the cases which result in the proper way of judging the case1.

Application

Analysis or application in IRAC is the section that enforces the rules or it can be said that the theory of the rules applied to any cases2. The analysis is based on the case theory which has been studied. The rules which can be applied to the particular case are a field of analysis. It is the most important section of IRAC because it ensures what rule should be enforced on the case submitted under the jurisdiction. It gathers the fact of how the rules should be applied or which one will be appropriate to deal with the case. In the case we are handling, it is seen that the police have taken into custody a boy named Liam. He was arrested because it is found that he had done with a criminal case in the Street of Norwich.

Three garages are to be found in fire and destroyed into the street of Norwich3. According to the video footage, it is found that two people are lurking around here and there on the previous day of the accident. Among them, Liam who lives in house number 27 has been detected. When he was asked to come to the police station for interrogation, he refused to come to the police station4. He was told by the police of being suspected of setting fire in the garage. When Liam was taken to the police station he was told by the officer that he had to live in a cell until he was being interrogated. But Liam wanted to go home as early as possible. The police describe him clearly that until the conversation he will not be allowed to go home and have to stay in police custody. Liam was interrogated through many hours but it was episodic in nature.

From the above case study of Liam, we came to understand that the law and jurisdiction are very much strict in Norwich. The emergency cases are handled by the policies delicately. According to the rules of IRAC, it should be confirmed that the investigation procedure has been done with maintaining the rules. In this case, the interrogation rule is applied to sort out the case. It is evident that through the question-answer it is the way of the police to make out the truth from the convict6. The law is abiding by the rule and in this case, it is important to apply the interrogative rule to reach the conclusion of the case. It has been analyzed that the case of Liam is much more complicated because when he was going to the police station a diversion was seen.

Conclusion

In conclusion, it can be said that the whole procedure of IRAC is the framework of legal procedures. It can also be stated that all the fields are interwoven tightly and work together. In the case we have mentioned, it has been seen that on the basis of some general evidence a boy has been taken to the police station for integration. The issue of spotting the important points of the case is not explained in detail. Only the forecasting of the evidence is clarified here. It is also found that the boy wants to go to his home but before the full process of interrogation, the police are not willing to leave him home.

On the basis of the characteristics of the boy, the police have come to the conclusion that all the crimes of setting fire on the garage are done by this boy. According to the law and rules, the integration method can be stated as a mental suppressing method. It diverges the mental health of the accused person and the person totally fails to prove it in cases like this. It is a theory or set of law which can be enforced by the court to deal with the cases and can make a clear result for the convict. The legal studies of the law students have to go through this procedure to learn about the proper procedure on how to deal with a case, be it a positive or negative.

Part 2

England is considered to be the most powerful country during the 18th and 19th centuries. Almost the whole of the world has been occupied and led by them. They are considered to be the masters of the whole world once upon a time. The Country reveals discipline and organizing among its people. But they have also used different aggressive policies to grab the power in different countries. The powerful country has Monarchy to rule their government. It was governed by the queen from the royal family. Being control by a monarchical government, England has great power. One can say that in culture, tradition, education England and Wales are regarded as an upgraded country.

The highest form of the judicial system in England and Wales is the high court. It is widely known as a high court judge7. He or she can become the judge of the High court of justice in England and Wales. The judges are considered as the representative of the third-highest level of judges in the courts of England and Wales. High court judges are commonly known as Puisne8. They have their dress codes. Their robes are colored in red and black. The male judge of High court is appointed as Knights Bachelor and the female judge of High court is appointed as Dames commander of the governmental order of the British Empire. In court and the High court, male judges are addressed as my lord or your lordship and Female Judges are honored as My Lady or Your Ladyship.

In High court, the judges use their title as Mr. Justice or Mrs. Justice respectively whether they are married or unmarried9. The Government of England and Wales being ruled by the royal family the system of judgment is very strong. The judges, Juries, and the system of governance are intricately woven with each other. Lord Chancellor is considered a very important post in the judiciary and the government of England and Wales. The judges of the high court are directly appointed by the queen but the advice is to be taken from the chancellor. But now there is a change under the constitutional reform act of 2005. Under this act, the judicial appointment commission has already removed the appointment of the judges.

The scenario has been changed from the early political arena. Now the judges are appointed with open competition. All the judges in England and Wales have to hold their office under good behavior. This is let down in the bill of rights in 1689. Their behavioral aspects affect a lot in their career. It is also seen that the queen's desire also remains an important question in the appointment of the judges. The thorough behavior in the career of a single judge during his office tenure is also minutely observed by the queen. The Lord Chancellor was considered as the Government minister. His department plays an important role in administering or selecting the judges of the court10. The department of Lord Chancellor used to inquiry about the behavior and the eligibility of the candidates who are being pointed in the process of Judges.

The government does not take sole responsibility for appointing the judges11. The eligibility of the judges is crudely examined before the appointment. They are appointed on their capability and merits. The political hindrance or the political references are considered as null and void in the appointment of the judges. Also, the queen's recommendation is not considered.

The two bodies of the government, Queen and the Lord Chancellor play an important role in governing the whole country. It can be easily concluded from this kind of situation that the judges in the judiciary were not independent in the olden days in England and Wales12. The fundamental concept of judicial independence came into being in England and Wales in 1701 with the enactment of the act of settlement. From there on the conception of independence in the judiciary evolves. The modern judiciary in the UK is presided over by 12 independently appointed judges. The position of the Lord Chancellor has become honorary and no power belongs to this post. It is important for a country to be independent in the judicial system.

A government especially runs with 3 keys, they are the legislature, executive and judiciary. These three keys are interrelated with each other in England and Wales13. The judicial system is based on the independence of the judges. It can be said that the judges of England and Wales are both independent and neutral to some extent. In the crown court, a criminal trial in England and Wales are taken under some measures. They are enlisted as:

• The judges cannot give the result of a person's guilt or innocence. The decision is totally taken by Jury which consists of the native citizens and the electorates of the country. If the jury decides that the individual is guilty then the task remains with the judges who give the sentence. Forgiving a sentence the judges have to consult with the legislation guidelines given by the parliament.

• In civil cases appellate jurisdiction is evident

• Appellate jurisdiction can send a case to the Supreme Court

In concluding the whole process of the jurisdiction in England and Wales it can be said that they are availing the democratic policy in their judicial system as like other democratic countries. Although they have been governed by the monarchical government now they have made themselves independent. The procedure of the appointment of the judges in the courts is now maintained democratically through the views of the citizens. The monarchical form has become obsolete and the country is doing its progress scientifically. Though now also the royal family belongs in England, then also they have become merely a puppet. The country is now governed and administered by the independent Government of England and Wales.

Bibliography

Arzandeh, Ardavan. "“Gateways” within the Civil Procedure Rules and the future of service-out jurisdiction in England." Journal of Private International Law 15, no. 3 (2019): 516-540.

Burton, Kelley. "" Think Like a Lawyer" Using a Legal Reasoning Grid and Criterion-Referenced Assessment Rubric on IRAC (Issue, Rule, Application, Conclusion)." Journal of Learning Design 10, no. 2 (2017): 57-68.

Chandran, Kanchana, Sanath Sukumaran, and Kalpana Chandran. "A KM-driven formative assessment framework to problem-solving for law academics teaching first year non-law students." (2016): 197-202.

Gee, Graham. "Judicial policy in England and Wales: A new regulatory space." In Regulating Judges. Edward Elgar Publishing, 2016.

Harding, Alan. The law courts of medieval England. Vol. 18. Routledge, 2019.

Henderson, Pamela. "Legal Problem Solving and Syllogistic Analysis: A Guide for Foundation Law Students." (2018): 111.

Hodgson, Jacqueline S. "The Democratic Accountability of Prosecutors in England and Wales and France: Independence, Discretion and Managerialism." Prosecutors and Democracy: A Cross-National Study (2017): 76.

Malleson, Kate. The new judiciary: The effects of expansion and activism. Routledge, 2016.

Masson, Judith. "Using the Formal Pre‐Proceedings Process to Prevent or Prepare for Care Proceedings in the UK." The Wiley Handbook of What Works in Child Maltreatment: 

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