Keith Mack
The US and UK legal systems have many differences, despite both being based on common law and sharing similarities in areas such as presenting evidence, rulings, and proceedings. The US has a federal system with state and federal courts, while the UK has a tribunal system with professional tribunals that can impose fines and penalties. The US has litigators and non-litigators, while the UK has barristers and solicitors. The process of becoming a lawyer differs between the two countries, with the UK requiring additional apprenticeships and courses beyond law school. The US allows for criminal records to be sealed, while the UK does not. There are also differences in the payment of attorney fees and the role of judges in the two countries.
| Characteristics | Values |
|---|---|
| Court conviction deletion | US law allows certain criminal records to be sealed or expunged, while UK law does not permit deletion from criminal records |
| Legal systems | The US has Federal and State courts, while the UK has a Tribunal System with professional Tribunals that can impose fines and penalties |
| Jurisdiction | US Federal courts may not have jurisdiction over State courts in the 50 states; the UK has sub-division regions with their own laws |
| Legal training | US lawyers are litigators or non-litigators, while UK lawyers are barristers or solicitors |
| Legal practice | US lawyers can practice in any field after passing the Bar exam; UK lawyers must pursue additional apprenticeships and courses beyond law school |
| Attorney fees | In the US, each party pays their attorney; in the UK, the losing party pays both attorneys |
| Judge's role | US judges apply the law; UK judges sum up evidence and guide the jury on witness credibility |
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What You'll Learn
- Court record expungement: US judges can expunge records, UK judges cannot
- Legal training: US and UK lawyers undergo distinct training
- Court structure: The US has federal and state courts, the UK has a Tribunal System
- Legal specialisation: UK lawyers must choose an area of specialisation, US lawyers can practice in any field
- Attorney fees: In the US, each party pays their own attorney, in the UK the loser pays both
Court record expungement: US judges can expunge records, UK judges cannot
The US and UK legal systems have evolved from the same common law and share similarities in proceedings, evidence presentation, and rulings. However, differences exist, including the ability of US judges to expunge court records, which is not possible in the UK.
In the US, most states allow for the expungement of criminal records, although laws vary by state. Expungement is a civil action where an individual petitions a court to seal or destroy their criminal record. A judge grants expungement, while a pardon is granted by the President or state officials. US expungement proceedings occur primarily in state courts, with each state defining eligible offences and procedures. Juvenile records are most commonly expunged, but some states allow adult defendants to seek expungement. Certain offences, like driving violations and murder, may be ineligible. After expungement, records may be sealed or destroyed, with varying accessibility for law enforcement and employers.
In contrast, UK law does not permit the deletion of court convictions from permanent records. There is no legal process for requesting deletion, and all records remain in the criminal record system for up to 30 years. This differs from the US, where certain criminal records can be permanently sealed or expunged by a judge, becoming inaccessible even to courts and prosecutors.
The ability of US judges to expunge records offers individuals a chance to treat the expunged event as if it never occurred, providing a ""clean slate" opportunity absent in the UK legal system. This distinction significantly impacts the lives of those with criminal records, highlighting a key difference between US and UK law.
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Legal training: US and UK lawyers undergo distinct training
The US and UK legal systems have evolved from the same common law, resulting in similarities in proceedings, evidence presentation, and rulings. However, differences in their legal training programs lead to distinct paths for aspiring lawyers in each country.
In the United States, the process of becoming a lawyer typically involves obtaining a four-year undergraduate degree, taking the LSAT (Law School Admission Test), attending law school for three years, and finally, passing the state-specific Bar Exam. Each state has its own unique bar exam, making mobility between states challenging. After completing their legal education, some graduates opt to further specialize by pursuing a Master of Laws (LLM) program, which can enhance their expertise in a specific area of law, such as tax law.
On the other hand, in the UK, students aspiring to become lawyers have two main educational routes. They can choose to complete a three-year LLB program, which provides a broad foundation in law. Alternatively, they can opt for an undergraduate degree in another subject, followed by a one-year conversion course, the Graduate Diploma in Law (GDL). This route caters to those who did not study law as undergraduates but wish to pursue it afterward. After their undergraduate studies, UK law students have two main options: the Bar Professional Training Course (BPTC) or the Legal Practice Course (LPC). The BPTC is designed for aspiring barristers, while the LPC is for those who aim to become solicitors. Both courses offer a focused, one-year program in specific legal areas. Following their formal education, UK law graduates undertake a two-year pupillage or training contract, gaining hands-on experience and preparing for their future careers as barristers or solicitors.
One notable difference in the training programs is the focus of specializations. UK graduates tend to focus on traditional areas of law, such as property, criminal, and family law. In contrast, US law schools offer a broader range of specializations, including intellectual property law, environmental law, and entertainment law.
Additionally, the US and UK legal systems recognize different legal roles. In the US, a lawyer who has passed the bar exam can act as both a solicitor and a barrister. However, in the UK, these roles are distinct, and barristers and solicitors undergo specific training paths to qualify for their respective roles.
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Court structure: The US has federal and state courts, the UK has a Tribunal System
The US and UK legal systems have distinct court structures. The US system operates at both the federal and state levels, with each of the 50 states retaining its own powers and variations of the law. The federal court system consists of district courts or trial courts at the lowest tier, followed by circuit courts, and then federal courts. However, federal courts may not have jurisdiction over certain cases, which remain under the authority of the state courts.
In contrast, the UK has a Tribunal System where professional tribunals impose fines and penalties based on the evidence and facts of a case. The ruling is provided in writing, and parties can choose to appeal to the Upper Tribunal and then the Courts of Appeals if needed. The UK also has sub-division regions, including England, Wales, Northern Ireland, and Scotland, each with its own laws.
The US and UK legal systems share similarities in terms of presenting evidence, rulings, and proceedings, as they are both based on common law. However, differences have emerged over time, particularly with the inclusion of the Bill of Rights in the US Constitution.
Another notable difference between the two systems is the process of becoming a legal professional. In the UK, after completing undergraduate training, solicitors and barristers must undergo further specialized training and qualifications. In the US, the path to becoming a lawyer is more streamlined, as a three-year course at an accredited law school followed by passing the bar exam is sufficient to practice law in any field.
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Legal specialisation: UK lawyers must choose an area of specialisation, US lawyers can practice in any field
The US and UK legal systems have evolved from the same common law, and as a result, share similarities in proceedings, presenting evidence, and rulings. However, the two systems differ in several ways, including the specialisation of lawyers.
In the UK, law students must choose an area of specialisation early on in their undergraduate studies. They must decide whether to become a barrister or a solicitor, each of which involves different training and qualifications. Barristers, for example, must commit to two additional years of study after their undergraduate degree, followed by pupillage in a barrister's chamber. Solicitors, on the other hand, must register with the Solicitors Regulation Authority to complete their training.
US lawyers, on the other hand, can practice in any field of their choosing. To become a lawyer in the US, one must take a three-year course at an accredited law school and pass the Bar exam to gain admission to the Bar Association. This qualification, known as the Juris Doctor (JD), allows them to practice law in any specialisation.
These differences in the legal systems of the UK and the US can be attributed partly to the different structures of the two countries. The US has a federal system with 50 states, each with its own variation of the law, while the UK is divided into regions with their own distinct laws, including England, Wales, Scotland, and Northern Ireland.
Other differences between the two legal systems include the treatment of criminal records and the payment of attorney fees. In the UK, criminal convictions cannot be deleted from an individual's permanent record, while in the US, certain types of criminal records can be sealed or expunged with the help of specialised expungement lawyers. Additionally, in the US, each party pays its own attorney, whereas in the UK, the losing party pays the attorney fees for both sides, leading to a higher number of slander and libel cases.
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Attorney fees: In the US, each party pays their own attorney, in the UK the loser pays both
While the US and UK legal systems share similarities, there are some notable differences. One significant difference lies in the payment of attorney fees. In the US, the general rule is that each party is responsible for paying their own attorney's fees, regardless of the outcome of the case. This is known as the "American Rule". On the other hand, in the UK, the losing party is typically responsible for paying the attorney's fees for both sides. This distinction has important implications for legal proceedings and the types of cases that are more commonly seen in each country. For example, England tends to have more slander and libel cases due to the potential for high attorney fees for the losing party.
The US and UK legal systems have evolved from the same common law foundation, resulting in similarities in areas such as presenting evidence, rulings, and proceedings. However, the introduction of the Bill of Rights into the US Constitution has created some key differences in the legal codes of the two countries. The US has a federal court system that oversees laws across all 50 states, but each state also has its own variation of the law, and federal courts may not have jurisdiction over certain state-level rulings. In contrast, the UK has a Tribunal System where professional tribunals impose fines and penalties, and cases can be appealed to the Upper Tribunal and then the Courts of Appeals.
The paths to becoming a practising lawyer also differ between the two countries. In the US, one typically needs to complete a three-year course at an accredited law school and pass the Bar exam to gain admission to the Bar Association. They can then practice law in any field of their choosing. In the UK, the process starts with an undergraduate-level course, during which individuals choose to specialise as either a barrister or solicitor. After completing their undergraduate training, solicitors must register with the Solicitors Regulation Authority, while barristers undergo an additional two years of study followed by pupillage in barristers' chambers.
The roles and specialisations of lawyers also differ between the US and UK. In the US, lawyers who go to court to try cases are called litigators, while in England, they are called barristers. English barristers are known for their politeness and effectiveness in court. In the UK, lawyers who prepare documents are solicitors, while in the US, they are referred to as corporate or transactional lawyers. These distinctions in the legal systems of the US and UK highlight the unique characteristics and complexities of each country's legal framework.
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Frequently asked questions
In the UK, court convictions cannot be deleted from a person's permanent record. In the US, certain types of criminal records can be sealed or expunged, meaning even the court or prosecutor cannot access them.
The US and UK legal systems are based on common law and share similarities in proceedings, evidence presentation, and rulings. However, the US introduced the Bill of Rights to its Constitution, creating some distinctions between the two systems. The UK also has sub-divisions like England, Wales, Scotland, and Northern Ireland, each with its laws, while the US has federal and state courts, with each state retaining its own laws and powers.
In the US, each party in a legal dispute typically pays their attorney fees, regardless of the case outcome. In the UK, the losing party pays the attorney fees for both sides, which can lead to higher financial risks in libel and slander cases.
In the US, one needs to complete an accredited three-year law course and pass the Bar exam to practice law in any field. In the UK, the process varies depending on whether one chooses to become a barrister or solicitor. Barristers undergo an additional two years of study and pupillage, while solicitors register with the Solicitors Regulation Authority to complete their training.
