Assess the hierarchical structure of the court system in England and Essay - 2

Assess the hierarchical structure of the court system in England and Wales. To what extent does the common law doctrine of bindi - Essay Example This essay will look at how far this doctrine applied in England and Wales. England and Wales court structure The UK does not have a unified court system in that England and Wales share one system whilst Scotland and northern Ireland each have got two distinct judicial systems. This essay is more concerned with the court hierarchy system in England and Wales, which comprises of: Magistrates’ court these courts are local with seating both qualified and lay magistrates that hear mainly criminal but also civil matters before them at first instance. County courts are staffed by a circuit judge or a district judge and they are all over England and Wales hearing civil matters. The crown court sits to hear criminal matters and may use jury during the trial process. These courts sit in various parts of England and Wales, sittings which are presided over by a circuit judge or a district judge. The high court of justice this court mainly hears civil matters but it also has criminal juri sdiction. It has its sittings in London although this is not permanent since the court may hear cases before it held anywhere in England and Wales. The High Court of Justice is divided into three divisions i. Family division including its divisional court hears appeals from magistrates courts. ii. Queen’s Bench division hears commercial matters, incorporating and administrative court. iii. Chancery division hears civil cases on appeal from the county courts Each of these divisions has different types of work they undertake that notwithstanding they also have jurisdiction to hear appeals from lower courts and a judge sitting in this capacity, the court is referred to as ‘divisional court of the High court’. The divisional courts hear appeals from tribunals and courts below them in the hierarchy. During the High Court sittings, it is presided over by the High Court Judges. Court of appeal this court has two divisions the civil division, which hears civil cases on a ppeal, which have primarily emanated from High Court and the criminal division hearing criminal cases on appeal from the crown court. This court sits in London with senior judges –Lord Justices of Appeal- presiding. The Supreme Court this is the final court of appeal of all civil and criminal cases in England, Northern Ireland and Wales since 1st October 2009. Cases reaching before it must have gone through relevant procedures in a lower court. The Supreme Court has 12 justices who are separate from both parliament and government. Other influential courts (Slapper, Gary, and David 163 - 183) Common law doctrine of binding precedent in court hierarchy The basis of this doctrine is the principle of stare decisis which requires that a later court to use the same reasoning as an earlier court; in essence a particular set of facts should give rise to a particular legal outcome therefore the fairness principle means that cases with similar facts should be similarly decided (Malleso n, 66 -67). The court hierarchy is central to the understanding of this doctrine in the sense that the higher the courts’ position the more far-reaching are the effects of its decisions generally. The lower courts are described to be bound by the decisions of higher courts. This means that the lower court will follow the decisions of the highest court this feature of courts is described as binding precedent. Rules of Binding precedent as they apply 1. The House of Lords In England and Wales, court

Disparity and Discrimination Essay example -- Race Racism Prejudice

Disparity and Discrimination According to Webster’s Dictionary, the proper definition for discrimination is: 1 a : the act of discriminating b : the process by which two stimuli differing in some aspect are responded to differently 2 : the quality or power of finely distinguishing 3 a : the act, practice, or an instance of discriminating categorically rather than individually b : prejudiced or prejudicial outlook, action, or treatment (Webster’s dictionary). Discrimination has been around for centuries and even though there have been improvements in the way society deals with discrimination, we still have a long way to go. One of the biggest problems in America today is racial discrimination. We see it happening all over the world and also we see how it affects our criminal justice system. For example, there have been many problems with police officers using racial profiling with mostly people of African American and Mexican decent. Police officers do pull over minorities more than they would if the person was white. Even though the minority races have a higher criminal rate compared to the white community, we should not be labeled automatically without reason or just cause. And we should not be treated any differently when you are comparing the two.   Ã‚  Ã‚  Ã‚  Ã‚  Another example of discrimination is what can happen in our court systems. For example, minorities may not be able to provide for a good lawyer, which leaves them to a public defender and in most cases, they e...

Compare main job roles and function in two organisation Essay

Bolton College Principle & Chief Executive: College is to develop a strategy which keeps the College at the forefront of educational innovation and outstanding achievement and which maintains its position within its local community as a key. The Principal will be expected to lead and develop the management team and staff, maintaining at all times. She manages all the department of the college but she have less chain of command. Principle get all feedback from two source i.e. Vice principle (curriculum) & Vice principle (Finance & Resources) Responsibilities of Principle: Provide effective leadership to the College in fulfilling its mission. Determine the College’s academic and other activities. Organise, direct and manage the College and lead the staff, providing inspiring and motivating leadership to those engaged in teaching and training. Vice Principle Vice principals aid the principal in the overall administration of the college. It is often Vice Principle duty to handle matters such as student discipline, parent conference meetings, asset inventory and ordering, school improvement planning, bus and lunch supervision, and teacher observations. Additionally, Vice principals frequently serve as testing coordinators, training staff on procedures related to standard assessment, as well as accounting for testing materials. Most importantly however, in the event that something happens to the principal, such as an extended leave of absence, the vice principal would act as the interim principal. Because of this, many see this position as a stepping-stone to the larger role of principal and is often used as such in Bolton College. Organisation structure, roles and functions (Tarmac) Managers – organise and plan their departments to exceed the expectation of internal and external customers. They work closely with other managers across the company to promote a range of benefits, including; continuous process improvements, improving accuracy, reducing the need to repeat work and driving up efficiency year on year. Supervisors – work with managers to ensure that operators apply procedures and practices consistently. This involves using best practice to create value-added services across the business. Operators – are responsible for day-to-day operations of the business. This is the level at which a university graduate might enter the organisation in order to learn all aspects of the business. The role requires accuracy, efficiency and a high level of individual responsibility. The Operations function at Tarmac is key to overall business performance. This is where a number of processes come together to make the products and services to satisfy customer needs. However, the Operations function needs the support of services in: Finance – to manage the flow of money across the business. Finance managers produce financial and management accounts not only to ensure legal compliance but also to contribute to the strategic decision-making process by forecasting financial performance. Budgets enable Operations to have the resources (raw materials, equipment and people) to carry out processes. Human Resources (HR) this includes planning and forecasting staff requirements and managing recruitment and selection. The HR team ensures that managers apply HR policies and procedures consistently across the business. The development of staff is a key priority within the Tarmac business. Without the right people, Operations may not be able to achieve targets. Additionally, Tarmac also needs the services of: Marketing by understanding customer needs, the marketing function can inform the overall business strategy and ensure that the Tarmac image and brand reflect its high quality. Procurement is the acquisition of goods and/or services at the best possible price. Within Tarmac this function secures cost effective contracts and establishes long term partners to ensure business continuity. IT services install equipment and applications, manage  databases and computer networks to provide the business with strong and effective information and communication channels. M2, Job and Personal specification for Administration. Job description: Job title: Administration Assistant Location: Wallsend Salary:  £13500.00 –  £14500.00 per year Main task: Providing full administration support to a team, including typing of letters, and contract agreements – ideally with experience of Audio typing Recording of invoices for payment Use of both Microsoft Access database and Excel spread sheets Communicating with clients via phone and taking detail information First point of contact for all visitors and callers to the business, including taking and recording accurate phone messages Filing and archiving experience Responsibility for all office machinery and supplies, including refilling photocopiers and fax machines Ordering supplies and stationary on a regular basis Scanning of documentation as requested The role of Administration Assistant is offered on a permanent basis – working full time office hours Mon- Fri Salary  £ 14,000 free parking provided Personal specification: Experience of Microsoft packages, including Word & Excel Excellent communication skills both written and verbal Ability to work as part of a team Accurate keyboard skills Ability to adapt to the challenges of a fast paced commercial business My current Skill & Knowledge: Organised Good communication skills IT skills for data entry Working knowledge of Microsoft Excel are required Maths skills BTEC Level 2 Business What I need to develop: Vocational qualifications in accounting (NVQs/SVQs) or BA in Accountancy Accountancy skills Experiences Time Management — managing one’s own time and the time of others Critical Thinking — Using logic and reasoning to identify the strengths and weaknesses of alternative solutions, Knowledge of business and management principles involved in strategic planning, Negotiation — bringing others together and trying to reconcile differences. Questioning

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