proiect 3 engleza

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COMMON LAW IN ENGLAND

Transcript of proiect 3 engleza

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COMMON LAW IN ENGLAND

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• Common-law is a legal system that governs the vast territories still far exceeding the limits of Great Britain. If the British Isles are not governed entirely by this system, English law was imposed because of British colonial expansion, the vast territories in Africa, Asia andAmerica.

• An important role played by the judicial committee of the Council on the status of British supreme court over all jurisdictions except India, Pakistan and Canada, the court conducted an extensive and profound work of unification of colonial territories right after the English model.

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• King does not exercise than a "supreme court", which operate only when the kingdom was threatened peace. Royal Curia royal court, was an exceptional jurisdiction. With time there were separated the royal court of Justice in XIII century there were three such courts:

• - Exchequeur eşicherului Court, as the financial matters;

• - The Court shared common complaints Pleasant, competent in matters of land ownership and possession of property;

• - The Court of King Kings Bench bank, as the criminal and the disturbance of peace of the king. With time division of competence between the three Courts of each of them disappeared gaining general jurisdiction.

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Organizing superior Courts varied over time. Between 1873-1875 the courts were

reorganized under the name of Judicature Acts law, creating a single superior court. In 1971 a law entitled Courts Act provided for organizing

the Supreme Court three legal entities: High Court of Justice, Crown Court and Court of

Appeal.The appeal courts was not at least until 1875 the

right of litigants. They should speak to the Chancellor, Grand Officer of the Royal Court.

This would give him an order - write, evidencing title to refer to the royal court party.

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• Family Division is composed of a president and about 17 judges. Competence of first instance concerns family law disputes such as those relating to divorce, nullity of marriage, separation of assets, adoption, custody of minors. It is however, a court of appeal. as such, the division of family law judge appeals against decisions of the County Courts and Magistrates' Courts on him custody. Also, judging appeals against the decisions of juvenile courts in matters of adoption.

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• Jurisdiction of county courts extends to cases and crimes covering contracts, owners actions, family law issues, adoption and bankruptcy. One of these courts (especially in large ports) have jurisdiction in maritime law. Minor processes concerning him compensation, damages and coverage of debt is judged by a special procedure, supple, and less costly, because parties are not obliged to resort to serviciileunui lawyer. The amount by which value is drawn from county courts jurisdiction is established on a regular basis.

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THE END