New England Online > Government & Politics > The Judicature
The Judicature
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The Judicial System of New England is an essential component of the government and maintenance of order across the kingdom. Like most nations that are descended from the British Empire, New England's legal system is based on the westminster system with the essential separation of powers. A principal belief is the independence of the judiciary to make decisions independent and free of interference from the Executive Council or Parliament.
- The Legal System
- Criminal Law
- Constitutional Law
- Contract Law
- Family Law
- Property Law
- Tort Law
- Courts of New England
- Judges and Magistrates
- Barristers and Solicitors
The Legal System
New England is a nation which uses Common Law as the basis of it's legal system. Under the provisions of the various Acts that set the framework of New England's legal system, legal precedents from England and Wales up to 3 September 1939 and Australia up to 19 February 2006 can be cited and used to carry out judicial procedures. Precedents outside the above jurisdictions can be cited as a legal arguments however their application remains at the judge's discretion.
Law and order is maintained by the national police force, known as the Royal New England Constabulary.
Criminal Law - The Criminal Code Act 2012 is the primary instrument for the source of criminal law in New England. The code is similar to the Queensland Criminal Code, which was written by the Australian jurist Sir Samuel Griffith in 1899. The consititution establishes criminal law as under the sole jurisdiction of the parliament and so county by-laws cannot legislate against criminal acts unless given the authority to do so by the parliament. The Criminal Code includes provisions such as treason to the peace and persons may also be prosecuted for crimes against humanity, war crimes and genocide.
Constitutional Law - The constitution of New England is largely codified, with a formal and official consititution supplimented by a series of laws that predate the indpendence of New England.
Contract Law -
Family Law - The procedures and rules governing family matters as well as the authorities, agencies and groups which participate in or influence the outcome of private disputes or social decisions involving familes are defined in New England as familiy law. All family matters are heard by the Civil Disputes Court.
Property Law - The area of law that governs the various forms of ownership of property, and of personal property, within the legal system of New England. New England's property laws regulate the ownership, sale and transfer of land across the country. Most land in New England is held as freehold, although all land in Greater Armidale is held as leasehold. Like many other jurisdictions, New England utilises the system of Torrens Title
.
Tort Law - A tort is generally considered to be a civil wrong, as distinguished from a criminal wrong, that is committed by an individual, business, organisation or the state.
Courts of New England
The court system is hierarchical in structure. Cases begin at the lowest levels of the system, and are steadily escalated to higher courts either by the seriousness of the nature, or through the workings of the appeals process.
Outside the hierarchy sit a number of statutory courts that hear specialist cases, that require a unique or more complication interpretation of the law to reach a verdict.
The Supreme Court of New England - The Supreme Court is the highest court in New England. It was created by Article IV of the Constitution. It has appellate jurisdiction over all other courts, and can refer cases to the Appeals Court for final appeal. The Supreme Court also has the power of constitutional review. Challenges to the validity of statute or common law can be made to the court. It consists of all five justices of the Supreme Court, as well as a Special Counsel, who assists the justices in the proceedings.
Crown Court -The Crown Court is generally the highest court of appeal for most cases in New England. While appeal can be made the Supreme Court, this is usually only granted in the most extreme or compelling of circumstances. The Crown Court handles the most serious criminal matters such as treason, piracy, rape and murder. The Crown Court will also hear appeals from the Magistrates Courts and the County Court. In civil matters, the court will hear cases in excess of C500,000.
County Court - The County Court is the next court after the Magistrates' Courts. As the name suggests, the court districts are the same as the counties in which they sit. There are thirteen County Courts, with each courts sitting in the county towns. The County Court will also hear appeals from the Magistrates Courts. In criminal cases, the County Court handles most of the serious criminal cases that come before the courts in New England. It has responsibility for most criminal offences that are heard by a Judge and Jury. In civil cases, the County Court handles matters where the amount being claimed is up to C500,000.
Magistrate's Courts - At the lowest level of the court system sit the Court of Petty Sessions and the Court of Common Pleas, which together are known as the Magistrate's Courts. These two courts hear the overwhelming majority of cases and, as the name suggests, they are presided over by a Magistrate. Magistrate Courts are also the most common type of court found in New England, and are located in most cities and towns with more than 2,500 people.
Statutory Courts - For matters of specialist legal interpretation, there are a number of statutory courts established by Parliament to hear matters that cannot be heard in the normal court hierarchy. These courts are the Anti-Corruption Commission, the Civil Administration Court, the Civil Disputes Court, the Consumer Protection Commission, the Coroner, the Industrial Relations Commission, the Planning Appeals Tribunal, and the Renting Disputes Tribunal.
Judges and Magistrates
Judges - The legal system of New England has a single college of judges who sit on the bench of one of the two intermediate courts of New England, they being the County Court and Crown Court. Judges are promoted on the basis of merit and experience, with appointments made by the Judicial Appointments Commission. Judges have broad ranging powers and are required to be impartial and not influenced by outside factors. When there is a jury trial in the trial courts, the jury generally decides questions of fact, while a judge decides questions of law and will craft jury instructions. County and Crown Court Judges are always addressed as "Your Honour".
Magistrates - In New England, Magistrates preside over the Courts of Petty Sessions and Common Pleas, as well as the various statutory courts. They hear prosecutions for and dispose of summary offences, by making orders in regard to and placing additional requirements on offenders. Magistrates' sentencing powers are limited, but extend to shorter periods of custody, fines, probation and community service orders, and a miscellany of other options. Magistrates hear committal proceedings for indictable offences, and establish whether sufficient evidence exists to pass the case to a higher court for trial and sentencing. Magistrates have power to pass summary offenders to higher courts for sentencing when, in the opinion of the magistrate, a penalty greater than can be given in magistrates court is warranted. A magistrate is always addressed as "Your Worship".
Barristers and Solicitors
The legal profession in New England is divided between Solicitors and Barristers. Both are trained in law at university but serve different functions in the practice of law. In order to become a barrister or solicitor, a person must have had a qualifying legal education. The most common methods are a normal undergraduate law degree known as a Bachelor of Law, or LLB. After this stage, the process is somewhat different.
Solicitors - After the completion of their studies, a student wishing to become a solicitor undertakes a one year course called the Legal Practice Course. This is then followed by a two years apprenticeship with a experienced solicitor, at which point they are known as training clerks. Once that is complete, the student becomes a solicitor and is admitted to the roll. Solicitors are regulated by the Law Society of New England, which is the Professional Guild for solicitors.
Barristers - Person wishing to become a barrister must complete the process of becoming a solicitor and then must practice for seven years before he or she can seek promotion. To process begins with a two year PhD course which is then followed by an apprenticeship of two years before a person is eligible to called to the bar and allowed to practice, either in chambers or outside court in the private sector or academia. Barristers are members of the General Council of the Bar, to which they must be called before they practice.
