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Summary

Sherk, wanting to rid his swamp of trolls, is tasked by the people of Llevigar to rescue a maiden that was cursed by a warlock many years ago. In his stead, Sherk asks the player to do his deed for him in The Maiden Tower....

Description

Why does society need Law? There are many reasons why society needs law, one reason would Laws prevent people from behaving in a manner that negatively affects the lives of other people. This would mean that consequences of breaking the law often fit the crime. There are two types of law those would be Civil law and criminal Law. Civil Law Civil law is concerned with the rights and duties of citizens in dealings with other citizens. Civil law covers activities such as Lending and borrowing money, entering contracts, Disputes with neighbours, getting married or divorced and Inheritances and wills, . A Contract is an exchange of promises between two or more parties to do or refrain from doing an act which is enforceable in a court of law. . Tort is the short name given to a body of law that creates, and provides remedies for, civil wrongs that do not arise out of contractual duties. . Family Law is an area of the law that deals with family-related issues and domestic relations. . Law of Succession is the area of law concerned both with regulating who inherits property when a person dies without making a will, and what the rules are for making a valid will. . Company Law regulates how a company should be formed, sets out formal rules for running companies, and deals with the rights and duties of shareholders and directors. . Employment Law covers all aspects of employment such as discrimination and dismissal. Criminal Law Criminal offences are regarded as offences against society. It deals with such matters such as Crimes against the person an example of this would be murder, assault & rape. Criminal Law also deals with matters such as Property crimes. An example of Property crimes would be theft, burglary, fraud, and vandalism.

First instance court Courts of first instance are where trials are first held. The court that will be used will depend on the seriousness of the offence. The courts of first instance include the Magistrates' Courts and the Crown Court for criminal trials, and the County Courts and High Court for civil disputes.

Inferior court An inferior court (for example, a Magistrates Court or Local Court) has limited jurisdiction over smaller, summary matters with a lower monetary threshold than the intermediate courts of each state ... Superior court In common law systems, a superior court is a court of general competence which typically has unlimited jurisdiction with regard to civil and criminal legal cases.

The Court System In the UK we have a number of different courts. The different courts are for different things: some are for civil cases, and some are for criminal cases. There are also different courts for cases of different values or for different seriousness of offences. This is a diagram that shows the court structure in the UK:

The different tiers are there for several the reasons. One of the main reasons is for appeals. If you appeal a decision, it will generally go to the court above it. Also, with several different civil and criminal offences that can be committed, there are different 'courts of first instance' to hear your cases. You will also need to be aware that some of the higher courts have different divisions to hear different cases based on the nature of the events, the seriousness, and the case content.

Civil Courts and Other Forms of Dispute Resolution

The different tiers are there for several the reasons. One of the main reasons is for appeals. If you appeal a decision, it will generally go to the court above it. Also, with several different civil and criminal offences that can be committed, there are different 'courts of first instance' to hear your cases. It is also important to be aware that some of the higher courts have different divisions to hear different cases based on the nature of the events, the seriousness, and the case content. The Three Track System

A judge will review each case before it goes to court and will allocate it to one of three tracks: The small claims track. The fast track Multi track Small Claims Track Trials are held in the Small Claims Court at the County Court. The District Judge will hear the case with the claimant and the defendant, and it is not necessary to have a solicitor present. It can hear cases worth up to £5,000 and up to £1,000 for personal injury. Fast Track A Circuit Judge hears these cases in the County Court. It includes cases worth between £5,000 and £15,000 and £1,000 to £50,000 for personal injury claims. The trial will not last more than a day and a trial date will be set within 30 weeks. MULTI TRACK The multi-track usually deals with very complicated cases with a value of £25,000 or more, but it also gives the court the ability to deal with cases in the most suitable way according to the needs of that case. This means that unlike the other tracks, there is no standard procedure for multi-track cases. County Court County Courts hear most civil cases. They are local courts and there are approximately 300 around the country. They deal with most divorce cases and cases that are worth less than £15,000 and less than £50,000 for personal injury cases. High Court The High Court is a court of first instance for trials involving specific areas of law or claims over £15,000 and £50,000 for personal injury claims. The High Court is also an appeal court, hearing appeals from the County Court, tribunals, and the Magistrates’ Court. It has three divisions:

. Queen’s Bench Division-The main division of the High Court and deals mainly with contract and tort cases. . Chancery Division- The main division of the High Court and deals mainly with contract and tort cases, disputes about wills, bankruptcy, sales of land and mortgages. In other words the Chancery Division handles equity and money cases. . Family Division - This division deals with all aspects of family law, eg divorce, adoption, custody of children, etc. Court of appeal The Court of Appeal hears appeals from both the County Court and the High Court regarding any civil matter. The court of appeal deals with appeals about the facts of the case and points of law raised in the case.

Supreme Court The Supreme Court is the highest appeal court in England and Wales. Cases concerning European Union law may be referred to the European Court of Justice for a decision. The Supreme Court only hears appeals with leave (permission granted by the Court of Appeal or the House of Lords) on a point of law of general public importance. A leap-frog appeal may be made from the High Court to the Supreme Court if the Court of Appeal is already bound by one of its previous decisions. Criminal Courts A criminal offence can fit into one of 3 categories: Summary offences are the least serious and ‘petty’ crimes. An example of summary offences would be assault. They are triable summarily at the Magistrates’ Court. Indictable offences must be tried at the Crown Court. They are the most serious offences. An example of an indictable offence would be murder. Triable-either-way offences, such as theft, may be tried at the Magistrates’ Court or at the Crown Court, depending on the circumstances of the case. Bail When a person charged with a criminal offence attends the Magistrates’ Court for the first time, the issue of bail is considered. If the magistrates allow the defendant out on bail, it means that the person can go home until the date of his or her next hearing. If the magistrates think it would be better to keep the defendant in prison until his or her next hearing, they will remand the defendant in custody. Magistrates Criminal Court

All criminal cases start in the Magistrates’ Court. These courts deal with preliminary matters such as bail applications and legal aid. They have the power to try all summary offences and may try either way offences if the defendant chooses to have the case heard in the Magistrates’ Court. The magistrates have the power to sentence a defendant up to 12 months in prison. Crown Court The Crown Court tries indictable offences and either-way offences if the defendant has requested that his or her trial be held at the Crown Court. If the defendant pleads guilty, the judge alone will pass sentence. If the defendant pleads not guilty, a jury will try the case, and if found guilty, a judge will impose a sentence.

The Differences between Civil and Criminal Law Civil law is within the category of private law while on the other hand criminal law is within the category of public law. Civil and private law will deal with issues between two or more private individuals while on the other hand crime is regarded as an action against society. In civil law the courts award compensation where someone can prove the other party is the wrong, while in the hand in criminal courts aims to punish wrongdoers and impose a sentence which prevents them from reoffending. In civil law the cases take place in different courts. Civil courts are the county court, high court, and court of appeal. While on the other hand in criminal law the cases take place in different courts. Criminal courts are the magistrates court, crown court and the court of appeal. In civil law the person starting the case is given a different name. In civil cases they are called the “claimant”. While on the other hand the person starting the case is given a different name. In criminal law the person starting the case is given a different name. In court cases they are called the “prosecutor”. In civil law the terminology used is different. Under civil law a claimee is found “liable” or “not liable”. While on the other hand under criminal law a defendant us found “guilty” or “not guilty” Civil cases have only to be proved “on the balance of probabilities”. While on the hand criminal cases must be proved “beyond reasonable doubt”

In civil law a judge or panel of judges decides. While on the other hand in criminal law a magistrate or jury decides. Civil law has the power to award damages such as injunction while on the other hand the criminal law has the power to send people to person or fined. Lay People: Magistrates Magistrates’ roles and responsibilities Criminal matters: Over 95% of all criminal cases are dealt with by magistrates, either in the adult court, or in the youth court The work involves, amongst other things, deciding on applications for bail, whether a defendant is guilty or not, and passing sentence as appropriate. For a single criminal offence committed by an adult, magistrates' sentencing powers include the imposition of fines, community service orders, probation orders or a period of not more than six months in custody. Magistrates may also sit in the Crown Court with a judge to hear appeals from magistrates' courts against conviction or sentence and proceedings on committal to the crown court for sentence.

Civil matters: Magistrates decide many civil matters, particularly in relation to family work. Specially selected and trained members of the family court panels deal with a wide range of matters, most of which arise from the breakdown of marriage, such as making orders for the residence of and contact with children. Proceedings relating to the care and control of children are also dealt with in family proceedings courts. The civil jurisdiction also involves the enforcement of financial penalties and orders such as those in respect of non-payment of council tax. Other duties Members of specialist committees are responsible for the administration of the liquor licensing system and for the grant or refusal of applications for licenses and permits relating to betting and the registration of gaming clubs. . Hear the evidence presented. . Make decision about guilty or not guilty (criminal) or liable or not liable (civil)

. Carry out sentencing. Who can be a magistrate? Magistrates Can be appointed from the age of 18, and retire at 70; Are volunteers, and there are around 23,000 from all walks of life and they Do not need legal qualifications (they are assisted in court by a legal adviser); Jurors’ Roles and Responsibilities: Selection Every year, about 450,000 people, selected at random from the electoral roll, undertake jury service. A computer selects those on the roll who are aged between 18 and 70. Because of its random nature, some people are never called, while others can be selected more than once. A person has about a one in six chance of being summoned for jury service in his or her lifetime. Those selected for jury service will receive a summons through the post advising them that they have been chosen and informing them where they must go and when. They must reply to the jury summons within 7 days. Failure to complete jury service when summoned is a criminal offence and can be punished with a fine of Jurors’ Roles and Responsibilities: Deferral Jury service can be deferred under certain circumstances, such as a hospital appointment or a family wedding. If deferred, the person must undertake jury service at another date within 12 months of the original summons. They must state on which days during the next year they will be unavailable, as by law, deferral can only be granted once. Some people, such as members of the armed forces, are excused and will not be required to complete jury service. Those who are mentally ill are ineligible for jury service, as are people with certain criminal convictions. Jurors’ Roles and Responsibilities: Numbers Required When a jury is required, a court official will choose a number of jurors (usually 15) from those called for duty. Although only 12 are needed for the trial itself, more people are taken into the court in case a juror is unable to sit, for example if he or she knows the defendant, or anyone involved in the case. Jurors’ Roles and Responsibilities: Trial Length Jurors are usually expected to sit for 10 working days, and since the average trial lasts about a day and a half, it is highly likely that a juror will sit on more than one trial. Sometimes, a juror will be required to sit for more than 10 working days if the trial is expected to last longer.

Jurors’ Roles and Responsibilities: Criminal Role Juries are only used in about 1% of criminal cases because magistrates deal with the majority of criminal offences. The use of juries is reserved for the more serious cases such as murder and grievous bodily harm. Trials take place in the Crown Court, with a jury of 12. Since most jurors do not have legal experience, the judge guides them on the relevant law. Jurors’ Roles and Responsibilities: Verdict The role of the jury is to decide on the facts by consideration of the evidence. Jurors reach a verdict of ‘guilty’ or ‘not guilty’. They must aim to reach a unanimous verdict initially but under the Juries Act 1974, majority verdicts will be accepted after 2 hours of deliberation. For a majority verdict, at least 10 of the jurors must agree. If the jury has fallen to 10, for example through illness, then 9 must agree. If the defendant is found guilty, the judge passes sentence. Jurors’ Roles and Responsibilities: Civil Role Rarely, jurors may be asked to sit on a civil matter in cases of defamation, fraud, false imprisonment or malicious prosecution. Such trials will be in the High Court or County court. Additionally, jurors may be required to sit in a Coroner’s Court. Solicitors Will only represent clients in the lowest courts (Magistrates or County) Mostly act in an advice role Do not wear gowns/wigs. Can be accessed by the public. Will prepare documents for barristers and instruct clients to them.

Barristers Will represent clients in the higher courts (Crown, High, Court of Appeal, Supreme). This is called advocacy. Wear gowns/wigs when in court Will be instructed by a solicitor (usually)

The Legal Profession: Barristers and Solicitors Qualifications: A student wishing to pursue a career as a barrister or solicitor may read a degree in any discipline. Most take a law degree, but if a student completes a degree in another subject, there is a 1year law conversion course called the Common Professional Examination (CPE). Vocational Qualifications can be used. A decision must be made between becoming a solicitor or a barrister, and depending on this decision there are two different courses that can be taken: Potential solicitors will take the Legal Practice Course (LPC). Potential barristers will take the Bar Vocational Course (BVC). Training Solicitors: Solicitors complete a training contract, which usually involves 2 years’ practical experience in a solicitor’s office, but it can also be with a government department, the Crown Prosecution Service, the Magistrates Court Service or in-house legal departments. The time is usually spent working in various departments so that the trainee gains practical experience in at least three different areas. Option 1 A levels or equivalent Law Degree Legal Practice Course (1 year) Two year training period Qualified Option 2 levels or equivalent Degree in another subject Common Professional Examination (1 year) Legal Practice Course (1 year) Two year training period

Option 3 4 GCSE’s

Institute of Legal Executives Part I & II Exams Work for years in solicitor’s office Admitted as Fellow of Institute of Legal Executives Legal Practice Course (1 year) OR Two-year training period AND Pass final exams Qualified Further Qualifications: Solicitors can complete a certificate of advocacy, which will allow them greater rights of audience in the higher courts. Barristers receive on-going training covering advocacy, case preparation and procedure, professional conduct and ethics. Both solicitors and barristers can apply for the judiciary and the position of Queen’s Counsel. Work of Solicitors: There are over 100,000 solicitors in the UK who are supervised and represented by the Law Society. Some solicitors work alone but most work in partnerships, owned and managed by several partners who take a share of any profits. The type of work that a solicitor might do varies greatly depending upon the type of firm that they work for. In addition, most solicitors specialise in a couple of areas and may know very little about law in other areas. Most law firms can be divided between high street firms and commercial firms. High street solicitors: High street solicitors’ firms may have several offices throughout a region. They generally deal with individual clients and cover criminal law or civil law or both. Some will carry out publicly funded work paid for by legal aid. They may advise and represent a client who has been charged with a criminal offence. They may carry out the necessary conveyancing when someone is buying or selling property or they may advise on personal injury matters or the mechanics of drafting a will. Commercial Solicitors: Commercial solicitors’ firms often have offices throughout the world and they tend to work for businesses rather than individuals and as such are called on to provide a different range of services. Commercial firms may advise clients on intellectual property matters, mergers and acquisitions, employment contracts and business conveyancing. Commercial lawyers may also represent wealthy individuals. A Typical Solicitor’s Day: As there is so much variation in the type of work solicitors carry out, there is a big difference in the activities that make up their typical working days. Many solicitors begin by reviewing and responding to the huge amount of mail that they receive. Some will draft documents such as a contract of employment or a will. Many solicitors spend their days meeting with

clients or negotiating settlements or attending court. Others may draft instructions for a barrister whose opinion they require upon a particular matter. Employed Solicitors: Not all solicitors work in private practice. Increasing numbers of solicitors are employed outside solicitors’ firms. They may work in an in-house legal department for a large corporation, for the Legal Services Commission or the Crown Prosecution Service, for local government or in the Magistrates’ Courts as clerks. Training Barristers: Barristers enter “the bar” usually through a degree-based route. There is a non-degree based route for mature entrants. All student barristers hav...