Description of Report
This report is for our assignment for Business Law in Brunei and English law council. I was assigned to do this report regarding Laws in Brunei and also to differentiate between Brunei council law and English council law. In this report I have include also the roles of each court and also the structure level of courts as well. The purpose of this report is to know more exact detail about laws in Brunei and as well in English law council
The difference between Brunei and English legal system
In this report shows that thereâ€™s no difference between Brunei Council and English Council but thereâ€™s also similarity because Brunei law is also based on English ...view middle of the document...
The system holds an independent judiciary, a body of written common law judgements, statues and legislation enacted by His Majesty the Sultan and Yang Di-Pertuan of Brunei Darusslam. The English judiciary system was retained after the countryâ€™s independence in January 1984 and was until then a protectorate of Britain.Brunei has an arrangement with the United Kingdom whereby United Kingdom judges are appointed as the judges for Brunei's High Court and Court of Appeal. Final appeal can be made to the Judicial Committee of the Privy Council in London in civil but not criminal cases. Brunei also has a separate system of Islamic courts that apply â€˜Syariahâ€™ law in family and other matters involving Muslims.
2.2 English legal system
Meanwhile , in English law the legal system of England and Wales is also based on common law legal systems throughout the world. The United Kingdom was established in 1801 with the union of Great Britain and Ireland, but only achieved its present form in 1922 with the partition of Ireland and the establishment of the independent Irish Free State.
English law falls into two categories:
â€¢ Criminal law â€“ offences relating to persons or property that affect the whole community. A criminal case is called a prosecution.
â€¢ Civil law â€“ wrongs relating to conflicts between individuals within the community. A civil case is called an action or a claim.
6 The level Structure of Courts
3.1 level structure of Brunei court
3.2 level structure of English court
9 The Roles of each court
4.1 Roles of court in Brunei council
Judiciary power is vested in the Supreme Court , the intermediate Court and the Subordinate Courts. The Intermediate Court lies between the High Court and the Magistrateâ€™s Court.
1) The Supreme Court
The Supreme Court cooperate the Court of Appeal and The high Court while the subordinate courts cooperate the Magistrateâ€™s Court.
2) The Magistrateâ€™s Court
In Brunei the Magistrateâ€™s Court deals with criminal and civil cases.
3) The High Court
The Civil and Criminal cases jurisdiction of the High Court shall consist of
a) Original jurisdiction and authority of a like nature and extent to that held and exercised by the Chancery, Family and Queenâ€™s Bench Divisions of the High Court in England
4) The Court Appeal
The Civil and Criminal of the Court of Appeal consist of
a) Appeals from judgment or order of the High Court in a civil cause or matter.
5) The Syariah Islamic Courts
â€˜Syariahâ€™ deals with mainly in Muslim divorce in its civil jurisdiction and in offences of â€˜khalwatâ€™ that is close proximity and â€˜zinaâ€™ is illicit sex amongst the Muslim...