Write a 3 to 4 page paper (excluding the title and reference pages) that addresses the following: Compare and contrast the justice system of a foreign country with that of the United States.
Be sure to address three of the following issues in your essay:
- Substantive Law
- Procedural Law
- Judicial Review
- Policing Systems
- International Police Cooperation
You should consult outside sources to ensure that you thoroughly address each issue.
Purpose
Did you address 3 of the 5 issues when comparing the justice system of a foreign country to the U.S.?
Did you cite your sources?
Conclusion/Critique
Did you state the findings of the paper concisely?
Did you support or oppose your position with insightful analysis?
Did you answer all the questions in a substantive manner?
Content
Is your content accurate?
Is your content comprehensive enough to address the topic?
Format
Did you prepare your paper as a MS Word Document?
Did you name your file correctly?
Did you use APA format to cite your sources?
Did you check your document for spelling?
Did you check your paper for grammatical errors?
Is your paper the correct length?
TO BE RE-WRITTEN FROM THE SCRATCH
Laws and Judicial Review: United States and United Kingdom
There are various similarities and differences between laws and the judiciary systems of the United States and the United Kingdom. This paper looks at these in terms of substantive and procedural laws as well as judicial review.
- Substantive Law
Substantive law is the laws that determine how a society behaves. The law includes civil and criminal laws. Civil law encompasses rights and responsibilities while criminal law encompasses crimes and punishments. Substantive law refers to the actual claims and defenses and is captured in statutes and precedents (McDonald, 2000).
In the United States, both civil and criminal cases go through the same court system at the federal levels; with federal courts having precedence over state courts. In most states, there are usually different courts for civil and criminal cases. Cases will proceed from the magistrate courts, district courts, appealscourts and on to the Supreme Court.
This is akin the United Kingdom, though there are separate courts for civil and criminal cases throughout. Civil cases are handled at the magistrate and county courts while criminal cases are handled at the magistrate and Crown courts. More serious cases of both civil and criminal nature proceed to different divisions of high, appeal and Supreme courts(McIntyre, Farmer and Deacon, 2015). The United Kingdom also has the tribunal system that is not present in the United States court system.
Both the United States and the United Kingdom rely on past decisions as authoritative precedents for litigation. These are referred to as “opinions” or “cases” in the United States and “law reports” in the United Kingdom. Apart from precedents, the United States relies on the Congress for legislation while the United Kingdom relies on the House of Parliament(McIntyre, Farmer and Deacon, 2015).
- Procedural Law
Procedural law is the procedures for making, administering and implementing substantive law. It includes how a court hears and rules on proceedings: civil, criminal or administrative. Procedural law sets the rules to determine validity of claims and defenses in substantive law(McDonald, 2000).
In the United States, procedural law is guided by due process of the Constitution while in the United Kingdom it is guided by fundamental justiceof common law. So while procedural law in the United States aspires to ensure fairness and consistency of due process, in the United Kingdom it strives towards fundamental justice.
Laws in the United Kingdom, like in many other European countries, have been greatly influenced by the Roman laws. This includes the issue of the procedural “actio”, where the substance of procedural and substantive laws is united, with the existence of procedure determining existence of substantive. While this unity of the laws was evident in the English system of writs, it is now non-existent; both in the United Kingdom and the United States(McDonald, 2000).
- Judicial Review
The judiciary can reviews executive and legislative actions. This process, known as judicial review, may involve a court invalidating the executive decision or legislative statute for being unlawful or violating a written constitution.
Judicial review is one of the enablers of democracy through separation of powers of the three arms of government: executive, legislative and judiciary. It empowers the judiciary to supervise the other two government estates …………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………….. Justice system of a foreign country ……
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