England's legal system {English law} is accusatorial.
Legal systems {accusatorial system}| can accuse people of offenses. Trials are in open courts. Prosecution files complaint against person. Defense answers complaint. Judges' decisions are crucial {legal realism} and can depend on higher authority than written law. Against evidence, custom, majority will, and previous law interpretations, judges can modify law, based on equity and justice.
Laws {case law, English} {common law}| can be about court decisions and society customs, not statutory or regulatory laws. The rule is stare decisis (stand by decided cases), using laws established by previous decisions. Judges settle new cases by extending laws from previous cases but abandon bad precedents. They evaluate how current case differs from, and is similar to, previous cases. Precision and justice have equal value. Britain, United States, and Commonwealth countries use English common law.
county courts {assizes}.
chancellor's court {chancery}|.
legal organization {bar, lawyer}.
In English courts, persons {avoué} {solicitor}| draw documents, prepare cases, and consult barristers. Solicitors are not bar members.
In English courts, solicitors consult second persons {avocat} {barrister}|. Only barristers can be bar members and give law opinions. Only barristers can become judges. Barristers provide opinions to solicitors, recommend for or against going to trial, and conduct trial.
Barristers {junior, barrister} can go higher {leader, barrister} {King's Counsel}, through regulated processes {taking silk}. Juniors prepare pleadings and lesser tasks for leaders. Leaders get double fees. Taking in silk is hiring a leader.
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Date Modified: 2022.0225