There are many similarities between the UK and USA legal system. This is not a surprise when you consider that both have evolved form the same common law, albeit interpreted in slightly different ways.
Even in the UK, there are differences between the court system in the different countries that make up the union but over the years the differences between the legal systems each side of the Atlantic have grown significantly.
In this article, we will look at three of the biggest differences between the legal systems in the UK and the USA.
Difference 1: Magistrates
Magistrates is a common term used in UK law, referring to the people responsible for presiding over the vast majority of minor offence cases. Magistrates have the power to hand out fines and a prison sentence of up to 12 months in the UK, depending on the offence in question.
Up to 95% of cases in the UK are heard by magistrates, and whilst the term is used in the US, the term is less common and refers to an elected official rather than a volunteer.
Difference 2: Law Training
Lawyers are an integral part of legal proceedings across the globe and are essential to both the UK and US court systems.
The training process that a person must go through to become a criminal lawyer is very different, however. In the UK, an undergraduate degree is the first step, followed by specialist barrister or solicitor training either in the barristers’ chambers or with the solicitors regulation authority.
In the US, on the other hand, lawyers must pass through law school which usually takes 3 years, once they have completed their initial degree. Then they must pass the bar exam and become part of the local bar association. As this point they can practice law in whatever area they may choose.
Difference 3:Tier Systems
In general, the USA has 3 main court levels, district, appellate, and supreme, with supreme courts hearing he most serious cases. One of the biggest differences between this set up and the one in the UK, is that there are both federal and state courts in the US which can often overlap in a single case through the appeal process.
On the other hand, in the UK there are also three court levels, the crown court, the court of appeals, and the supreme court. As in the USA, the supreme court is the highest level court system and the final destination for appeals regarding both civil and criminal cases.
In the UK, there are also more specific courts for areas of the law such as bankruptcy, eviction and more.
If you yourself have been the victim of a criminal offence, or have been charged with one, your first step should always be to secure expert legal representation as soon as possible, no matter which country you live in. If you live in Scotland, there are an array of top criminal lawyers Glasgow to choose from.