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Essay / The Laws of England and Wales
The law takes different forms because it has been made by different varieties of people. This is why English law has many different sources, the main ones being EU law, common law, legislation and human acts. law. There is another source called custom, but custom has been mixed with case law and legislation, these are all together the laws of England and Wales. Say no to plagiarism. Get a custom essay on “Why Violent Video Games Should Not Be Banned”?Get the original essayJurisprudenceCommon law (or case law) is law made by judges. If a law is to be made, judges have an important role to play in its development. and developing it, common law appeared in England a long time ago in 1066 at the royal council around central London, at that time common law consisted of rules of procedure, they created a form that took inspiration from Germanic people. At that time, customs ran all affairs. The purpose of customary law is to give precedential weight to customary law, so that consistent principles apply in order to subject like facts to similar results. With this in mind, judges will not make future decisions that will guarantee stable treatment. Today, common law involves the inclusion of all case law. Judicial precedent is the source of law where past decisions create law that judges can refer to when giving their opinions in other cases. The precedent is based on a main principle “stare decisis”, which means (let the decision stand). In the judicial system, all courts are obliged to follow the decision of the court above them. At the top of the judicial system is the European Court of Justice, after the House of Lords which is basically the Supreme Court, if a decision has been made by the Supreme Court will become binding on all other courts. Below the House of Lords is the Court of Appeal which separates the civil chamber and the criminal chamber. For example, in the 1982 case of R v. Caldwell, the defendant worked at a hotel until he was fired. After a month, he returned to the hotel completely drunk and set fire to the hotel, intending to cause damage and harm to the hotel and its colleges. but there were also guests staying at the hotel. He was therefore accused of intending to endanger human life. The court decided to remove the objective test because drunkenness was not considered a defense for not paying attention. In the case of R v G (2003), it was decided that defendants should be tried taking their age into account. Two children, one eleven years old and the other twelve years old, were playing behind a store. They set fire to some newspapers, thinking that after they left, the fire would go out. However, the fire was still present and it spread to the store. More than £1 million worth of damage was caused. The boys had no idea of the damage they had caused since they had left before the fire spread. As they did not intend to cause harm, the court decided that, due to their age, what they had done should not be taken into account. In their defense, reckless behavior is where the accused is aware of the risk, and given that the boys did not intend to cause harm, the objective test was reinstated. LegislationFor a bill to be passed, it must follow a specific procedure, it must Pass through Parliament and beyond, sometimes a bill cannot be passed, which means that it.