Evaluating the jury in the English legal system Essay

Evaluating the jury in the English legal system - Essay Example This paper attempts to comprehensively analyze the Jury present in the English legal system. It (paper) would examine the strengths and weaknesses of the jury, based on the current state of affairs. Also, the paper would go on to suggest the manner in which improvements can be brought about in this system (jury). Before proceeding further with the discussion on all the aspects mentioned in the previous paragraph, it would be of help in having a brief look at the jury, as it is seen in the English legal system. Jury Historically, the concept of jury has been there in the English legal system for nearly the past eight centuries. But it was only in the year 1670 that a jury having its distinct power and which is not dependent on the judge was formed. In the criminal cases, the jury comes to the decision whether or not the crime in question can be attributed to the defendant. Likewise, in the civil matters, the jury decides whether the claimant has come forward with proof strong enough t o strengthen their case. Here, the jury also arrives at a collective decision about the eligibility of the claimant to receive compensation. (1) As per the English Law, a person can become a part of the jury, only if they satisfy some conditions. Firstly, the age of the person should not be less than eighteen and more than seventy. To become part of a jury, it is imperative that the electoral roll has name of the person, and it is also required that they have been a resident of the United Kingdom for a minimum of five years, right from the time when they were thirteen. Here, it needs to be noted that persons who are directly related to the judiciary or the department of justice cannot be included in a jury. People who have developed any mental ailments are not eligible to get included in the jury, too. (1) At this point, it needs to be specifically mentioned that all the above are only the most vital points pertaining to jury of the English legal system. It has to be understood that there are several other laws and regulations governing the avenue (jury). As is the case with most of the systems, even the jury has both strengths and weaknesses, and the paper would now endeavor to have a look at them (strengths & weaknesses). Strengths There are several advantages of the jury system of the English Law, and a brief glance at some of the major ones (strengths) would be very much appropriate. Whenever a person accused of a crime is in a position that, despite being innocent the related legal aspects are very much against them, they can take the help of jury. And it is a matter of common sense that there are countless legal cases where, the points enumerated in the law books cannot be of help to the defendant in proving their innocence. (2) Likewise, the jury system can be conveniently rated as being a safeguard to the common man of the country, as it prevents the government from adopting an autocratic approach. To put it in other words, the jury makes sure that the government cannot imprison people solely for furthering its political objectives. A person can be jailed only when they are guilty of committing a crime, as per the British Law. The jury goes a long way in making sure that the citizens of the land are not victimized by the corrupt acts of judges. (2) One of the major advantages of the jury as per the English Law is that, it enables common people of the Kingdom to participate in the process of delivering justice. As a result of that, it can be safely concluded that, the eventual judgment is nothing but the common verdict of people pertaining to varying backgrounds. It (judgment) can in no way be the decision of just one official of the judiciary, courtesy the presence of jury system. In addition, the juries go a long way in making sure that the verdict delivered by them is free of ambiguity. They just need to decide whether the accused in question is innocent or guilty. (3) As mentioned earlier, the members of a jury come from diver se social backgrounds. Owing to

Company law Essay Example | Topics and Well Written Essays - 3000 words

Company law - Essay Example In Salomon’s case, Lord Halsberury stated that â€Å"once the company is incorporated it must be treated like any other independent person with rights and liabilities appropriate to itself†. This means that the company as independent person has rights and obligations which are not the same as the rights and obligations of its member. This the fundamental attribute of corporate personality. Incorporation has both economical and social consequences on a company after being registered. For instance, the company has a perpetual life existence as its life does not depend on the life of its members. The company’s membership changes in a definite order prescribed by the company’s article and subject to changes indefinite period of time until the company’s liquidation. The membership is transferable from one member to another as long as the entity is a going concern. Corporate corporata also means that the member’s liabilities are limited by shares or liability. The liability of members is either limited to the amount that has remained unpaid, if any, on the shares held by then or to the amount the members have undertaken to contribute on the assets of the company incase its wound up or liquidated. This means that the debts of the company are not the debts of the shareholders as illustrated by the facts of and decision in Salomon v Salomon & co. ltd in which it was held that Salomon as a member was not under an obligation to pay the company’s debts. Thus the company’s creditors cannot institute legal proceedings against a member in order to recover the amount owed to them by the company. The member does not become his debtor merely because the company is his debtor, as in the case of unincorporated entities. A registered company has also the legal capacity to sue and be sued in its own name, which act as its seal. That is the company is the proper plaintiff and neither the directors nor shareholders can sue on its behalf to redress a wrong done to the company. This is illustrated by the facts of and the decision in, Foss v Harbottle. A limited company has also the capacity and the ability to buy, own or sale property in its own name, thus the company’s property does not belong to the members as per the case of Macaura v Northern Assurance Company. Thus, if the directors or the shareholders take the company’s money to purchase personal effect or discharge personal liability will be liable to the company for conversion. This is explained in the case of A L Underwood Ltd v Bank of Liverpool. The directors only hold the money in trust on behalf of the company due to fiduciary relationship. Thus incorporation renders a company a distinct and separate legal entity unlike unincorporated entities such as sole proprietorship or partnership. This principle is what is referred to as, in common parlan ce, as corporate shield or veil of incorporation between the company and its members. Unveiling the corporate veil is the identification of the company with its members to hold individual members liable to their own acts for assistance of the authority or court to compel corporate legal entity to look unto real beneficial owners. The court may lift and/ or unveil where its essential to secure justice where deemed necessary but the rule of separate legal entity still remains the general principal except in exceptional cases. There are some instances under statutory provision or