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| ..:: Статии - BRITISH LAW ::.. | |||||||
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BRITISH LAW
The british legal system is known for its uniqueness. It's a precedent based legal system, which means that lawyers and their clients can receive guidance as to the likely outcome of a legal issue by having regard to previous judgements, allowing decisions to be made in a predictable manner. Therefore, any subsequent court, hearing a case involving the same issue of law and sufficiently similar facts, may be bound by the reasoning of the previous court. However, in Scotland, greater importance is attached to identifying principles of law in court judgements and in the works of institutional writers. The system of precedent is not an inflexible one. A superior court is bound to overdue precedents set by lower courts of record or its own previous decisions, if they were wrongly decided. Moreover, the House of Lords can overrule its own previous decisions, when to do otherwise would be contrary to the interests of justice. Ultimately, all Common Law precedents can be suspended or superseded by Parliamentary legislation. Significantly, the legal system use the adversarial system for deciding cases. The adversarial system is founded on the conception that justice should not only be done, but be seen to be done. Thus, the success or failure of a case is determined by the persuasiveness of the parties' arguments, taking into account the evidence accepted by the Court. Accordingly, there is extensive use of juries in criminal cases, consisting of randomly selected members of the public, whose responsibility it is to decide matters of fact, leaving the judge to determine the application of the law. A defendant in a criminal trial and parties to civil proceedings may represent themselves, although, in most criminal and some civil cases, legal aid is made available to ensure the availability of appropriate advice and representation. The legal professions are divided into two branches, solicitors and barristers in England; solicitors and advocates in Scotland. All are independent and bound by professional rules and principles, reinforced by their status as Officers of the Court. Judges in each system are recruited from the ranks of practising barristers, advocates and solicitors on the basis of experience and ability. Solicitors provide notorial functions and perform other duties, having a key function in the sale of land and buildings, as well as managing trusts. Solicitors also offer a variety of financial services. Barristers and advocates provide specialist services usually in a particular area in advocacy and advice, either through a solicitor or directly. The regulating bodies of the professions, the Law Societies, Bar Council and faculty of Advocates, are responsible for the professional standards of their members. As well as representing their members' interests to Government, they have the duty of promoting the interests of the public in relation to their professions.
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