Basically there are two main types of law in the western world,the Roman and the English.Both the USA and UK use the English which is based on a presumption of innocent until proved guilty the opposite of the Roman system used in many European countries.The system is therefore the same but appears different because both country's statues and practises have diversified due to their own needs and preferences though the principles remain the same
2007-02-20 21:15:58
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answer #1
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answered by frankturk50 6
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The key difference is the constitution. In America a court can render a piece of legislation void if it is incompatible with the constitution right? Well, in the UK the courts cannot do that. Partially because we have no written constitution for the courts to point to, but largely because parliament is supreme. The courts CANNOT void ANY act of parliament, no matter what. It doesnt have that power. Parliament is the sovereign law maker in the UK, it has this power because the house of commons is an elected chamber and as such representing the view of society. That is the main difference, that the US is a constitutional supremacy, whereas the UK is a parliamentary supremacy. We have the Human Rights Act 1998, which allows for a court to issue a declaration of incompatibility, which does what it says; if a court thinks that a piece of legislation is incapable of being interpreted in a way which is compatible with the HRA then it can issue a declaration, but this does NOT void the Act of Parliament.
Another difference is the distribution of power. America has a central government and federal governments, federal laws etc? In the UK this isnt the case. ALL power comes from parliament. Sure, Parliament can delegate power, but they and the courts have ultimate control over this delegated legislation.
Obviously here in the UKthere is no need for a distinction between Felonies and Misdemeandours because we dont have a death penalty.
2007-02-20 08:32:30
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answer #2
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answered by Master Mevans 4
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i think of you will discover that the British criminal gadget is changing to the ecu or continental gadget. traditionally a uk citizen has been harmless till shown responsible, the onus is now changing to a minimum of one the place you may desire to coach your innocence, thank the ecu for that. government have saved that one quiet have not they! you may as properly be extradited from the united kingdom via any Police tension in the ecu to stand costs in the different ecu u . s .. there is likewise the perspective that the point of justice which you get carry of relies upon on what you may arise with the money for. try taking a extensive corporation to court docket and it will fee you a fortune simply by fact they're going to shop the case going till you, as a private guy or woman, run out of money.
2016-10-02 11:08:25
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answer #3
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answered by ? 4
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Not too sure if there's that much difference really. A qualified American lawyer can practise in UK and so too an English lawyer may practise in US.
When it comes to trial by jury, England is where it all started; back in the Middle Ages sometime.
"No officer, I was not nowhere near the jewellery store when it was robbed, I was busy blowing open a safe two blocks away..." Guilty as charged then?
2007-02-20 06:21:47
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answer #4
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answered by Anonymous
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Isn't one aspect of the difference between USA and UK Law that in the USA you're guilty until proven innocent, whereas in the UK, you are innocent until proven guilty!
2007-02-20 06:26:14
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answer #5
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answered by Anonymous
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I think we have crown prosecution where as in the USA Federal
here in the UK we have jury system (magistrates) where in the USA judge
2007-02-20 06:24:40
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answer #6
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answered by ashik u 1
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The US gives out some serious sentences. We give them community service a kiss goodnight and if you are locked up and deprived of your drugs you can sue us and we will happily give you 10k or so to indulge when once more you walk the streets to target (reasonably) honest people
2007-02-20 06:22:08
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answer #7
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answered by Birdman 7
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For one thing, you don't publicize the courtroom drama like the US does.
2007-02-20 06:19:31
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answer #8
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answered by Anonymous
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The Britons wear crazy wigs in their courtrooms. I wish they did that here, it's be more entertaining.
2007-02-20 06:19:47
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answer #9
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answered by white.sale 3
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UK doesn't have a constituition.
2007-02-20 06:33:55
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answer #10
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answered by budda m 5
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