Topic > The laws of England and Wales

Law takes different forms because it has been created 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 was another source called custom, however custom was mixed with jurisprudence and legislation, all together they constitute the laws of England and Wales. Say no to plagiarism. Get a tailor-made essay on "Why Violent Video Games Shouldn't Be Banned"? Get an original essayJurisprudenceCommon law (or jurisprudence) is a law made by judges, if a law is to be made judges have an important role in making and developing it, common law appears in England long ago in 1066 at the royal council around in central London, at that time the common law made up of procedural rules, they created a form that was inspired by the Germanic people. At that time customs handled all cases. The purpose of customary law is to give prior weight to customary law, so that consistent principles are applied to subject similar facts to similar results. Along these lines, the judges will not agree on future choices that will guarantee the stability of the treatment. Today common law means including all jurisprudence. Judicial precedent is the source of law where past decisions create law that judges can refer to as advice in other cases. The precedent is based on a principle "stare decisis" which means (to leave the decision standing). 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 essentially the supreme court, if a decision taken by the supreme court will become binding on all other courts. Below the House of Lords is the court of appeal which separates into 2, the civil division and the criminal division. For example, in the 1982 case of R v Caldwell, the defendant worked in a hotel until he was fired, after 1 month he returned to the hotel completely drunk and set fire to the hotel, intending to cause harm and damage. damage the hotel and its colleges. but there were also guests staying in the hotel. He was then charged with intent to endanger human life. The court decided to remove the objective test, as being drunk was not seen as a defense for not being careful. In the case of R v G (2003) it was decided that defendants should be judged taking into account their age. Two boys, one eleven years old and the other twelve years old, were playing behind a shop. They set fire to some newspapers, they thought that after they left the fire would go out. However, the fire was still burning and spread to the store. More than £1m of damage was caused. The boys had no idea of ​​the damage they had caused as they had left before the fire spread. Since they did not intend to cause harm, the court decided that, due to their age, what they did should not be taken into account. In their defense, reckless behavior is one where the accused is aware of the risk and, since the boys had no intention of doing the harm, the objective test was reinstated.LegislationTo pass a bill a specific procedure must be followed . passes through parliament and beyond, it happens that a bill cannot pass, which means that it has not passed all stages. It is known that parliament is the supreme legislative body in considering EU laws. parliament first creates a bill to make it legislation. The parliamentarians.