UNIVERSITATEA SPIRU HARET

FACULTATEA DE DREPT

Comparative analysis between UK legal system compared to US

legal system

ANDREI(ULESTEANU) ST. ADRIANA ALINA

ANUL I, GRUPA 101, IF 2022-2023

COORDONATOR ȘTIINȚIFIC : Lect. univ. dr. Eugenia Stefanescu

BUCUREȘTI

2023

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 The United Kingdom and the United States of America share a common legal heritage,
both being based on English common law principles. However, there are many differences
between the two legal systems.
The United Kingdom has a unified court system, with a single set of courts that is administered
by the Ministry of Justice.
In contrast, the United States has a federal court system, which is supplemented by a number of
separate state court systems. This means that a legal case in the US can often involve multiple
courts, as well as other jurisdictions, such as local courts or tribunals.
The terminology
In the US, every legal professional is generally referred to as a lawyer, as litigators and non-
litigators are not separately licensed, whereas in the UK there are solicitors and barristers –
terminology that is not used across the pond.
Those who work in solicitor jobs in the UK work with clients on a range of legal topics, offering
advice and drafting together legal documents. Solicitors can represent their clients in court in
minor cases, but generally their role involves working on everything outside of court.
Barristers, on the other hand, are the experts in the courtroom that are involved in cross
examining witnesses, defendants and victims in front of a jury. The solicitor takes their client to
a barrister to represent them in court.
Court systems
The court systems in both the UK and the US are very similar to one another. Minor criminal and
civil offences are handled by magistrate courts, which are often referred to as state courts in the
US.
For more serious crimes or civil cases, the Crown Court in the UK or the District Court in the US
will handle these cases before being passed onto the Courts of Appeals and the Supreme Court if
necessary.
One of the major differences between the court systems in the UK and the US is the fact that the
US does not have a Tribunal System like the UK has in place for certain types of disputes.
Instead, the US has specific courts for bankruptcy etc.
Juries
Juries in the UK are selected at random as British residents who are between the ages of 18 and
70 and on the electoral roll are eligible for jury service. Jury duty must be honored and only in
exceptional circumstances will people be allowed to miss jury service.
In contrast, American juries are pre-selected and are then agreed upon by counsellors for both the
defence and prosecution teams.
Cameras in the courts

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US courts allow cameras into courtrooms and criminal trials are commonly shown on television
channels in the US.
The UK takes a different stance, but this is beginning to change. Previously UK courts refused
any video footage or any cameras to be brought into court, but in 2013 cameras were permitted
into the court room for the first time in over 90 years. As reported in their article on the Daily
Mail, the closing stages of cases at the Court of Appeal are allowed to be filmed.
The Crown Court and other courts in the UK have stopped short of televising proceedings, unlike
courts in the US, which are commonly televised on local and national television channels for the
public to see.
Courts in England and Wales still do not allow cameras to be brought into a courtroom for
serious crimes, but in Scotland a murder trial was allowed to be filmed in 2013 for the first time
after permission had been sought from all participants, including the defendant.
The two legal systems also differ in terms of the procedure for filing a case. In the UK, a plaintiff
must first submit a claim form to the court. The court will then decide whether the case should be
heard in full, or whether it should be settled out of court. In the US, a plaintiff can file a lawsuit
directly in the court, without submitting a claim form.
The UK legal system is based on the adversarial system, while the US legal system is based on
the inquisitorial system. In the adversarial system, the opposing sides (prosecution and defence)
present arguments and evidence to the court, while the court makes a decision based on the
evidence presented. In the inquisitorial system, the court is actively involved in the investigation
of the case, and is responsible for gathering evidence and questioning witnesses. Another key
difference between the two legal systems is the way in which cases are decided. In the UK, cases
are decided by a jury of 12 members of the public, who are responsible for considering the
evidence presented and rendering a verdict. In the US, cases can be decided by juries, or by a
single judge, depending on the nature of the case.
Finally, the two legal systems differ in terms of the range of punishment that can be imposed. In
the UK, punishments can range from community service to imprisonment, while in the US,
punishments can range from fines to the death penalty. In conclusion, while the UK and US legal
systems share a common legal heritage, there are significant differences between the two
systems.
These include differences in the court system, the way in which cases are filed, the way in which
cases are decided, and the range of punishments that can be imposed.
Biography:
‘ A practical english handbook for law students’ - intermediate level by Adina Radulescu - Unit 1
www.lawabsolute.com/recruitment-news/article/differences-between-us-and-uk-legal-systems
www.dailymail.co.uk/news/article-2480382/Cameras-allowed-court-time-90-years-today-
despite-fears-Americanising-justice-system