Kara Sears
The legal systems of the United States and the United Kingdom differ significantly, with each country having its own set of requirements and standards. In the US, the term reading law refers to the primary method used for entering the legal profession before the advent of law schools. It involved an extended internship or apprenticeship under an experienced lawyer. In the UK, reading law is a phrase used to describe studying for a degree in law, and is considered more common among students from privileged backgrounds. Aside from educational differences, the US and UK legal systems also vary in their approaches to libel laws, jaywalking, and the legalisation of medical cannabis.
| Characteristics | Values |
|---|---|
| Legal Education Structure | In the US, students must take the LSAT and apply to law school after completing their undergraduate degree. Accepted students spend three years studying for a Juris Doctor (JD) degree in law. In the UK, students who wish to become lawyers can opt to complete a three-year LLB program or an alternative undergraduate degree plus a one-year GDL (Graduate Diploma in Law) conversion course. |
| Undergraduate Degree Duration | In the US, an undergraduate degree typically takes four years to complete. In the UK, it usually takes three years. |
| Postgraduate Degree Duration | In the US, a postgraduate degree typically takes two years to complete. In the UK, it usually takes one year. |
| PhD Duration | In the US, a PhD typically takes five years to complete. In the UK, it usually takes three years. |
| Cost of Education | The US is generally more expensive for higher education than the UK. |
| Libel Laws | In the UK, the burden of proof rests with the libeller in cases of defamation. In the US, the person who claims to have been libelled bears the burden of proof and must prove that the statements made about them were false. |
| Jaywalking | In the UK, there are no specific laws about how pedestrians can cross roads, and the term "jaywalking" is not commonly used. In the US, "jaywalking" refers to unlawfully crossing the road and can result in legal consequences. |
| Reading Law | In the US, "reading law" can refer to practicing law without a formal law degree, instead gaining knowledge through tutelage or apprenticeship. In the UK, "reading law" can be used interchangeably with "studying law," and is more commonly associated with students from prestigious universities. |
| Federal vs. State Laws | The US has federal laws, state laws, and local laws, leading to variations in legislation across different states. The UK has one body of laws, with some variations in Scotland and Northern Ireland. |
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What You'll Learn
- Libel laws differ: the burden of proof falls on the libelled in the US, and the libeller in the UK
- US has federal, state and local laws; the UK has one body of laws with Scottish and Irish variations
- US public figures can't sue for honest but unfair criticism; in the UK, published facts must be true
- US has plea deals; the UK does not
- US has a right to silence; the UK does not
Libel laws differ: the burden of proof falls on the libelled in the US, and the libeller in the UK
Libel laws in the US and UK differ significantly, particularly concerning the burden of proof. In the US, the onus is on the person claiming libel to prove that the statement made about them was false. This means that if someone takes a journalist to court for printing something defamatory, they must demonstrate that the journalist's comments were untrue and caused serious harm to their reputation.
In the UK, the burden of proof falls on the person making the allegedly defamatory statement, who must prove that their statement was true. Historically, this difference has led to a phenomenon called "libel tourism," where individuals sought to protect their reputations by bringing libel claims in UK courts. This practice has become less common as British courts now require the plaintiff to demonstrate that serious harm was caused or likely to be caused to their reputation.
The UK has essentially one body of laws, with some variations in Scotland and Northern Ireland. In contrast, the US has federal laws, state laws, and even local laws, leading to legislative variations across the country.
English defamation law allows actions for libel to be brought in the High Court for any published statements that defame a named or identifiable individual, causing them loss in their trade or profession or damaging their reputation. Allowable defences include justification, honest opinion (previously known as fair comment), and privilege. A defamatory statement is presumed false unless the defendant can prove its truth.
The Defamation Act 2013 added a requirement for the claimant to show "serious harm" caused or likely to be caused to their reputation, increasing the burden of proof on the claimant. While specific legal requirements may differ under local laws, the common laws of libel generally require the claimant to prove that a statement was made by the defendant and that it was defamatory. The claimant is not required to prove that the statement's content was false.
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US has federal, state and local laws; the UK has one body of laws with Scottish and Irish variations
In the US, lawyers typically write "Esq." after their name, which is traditional but does not signify anything specific. In the UK, Esq. is rarely used and is generally reserved for official correspondence or by those who want to appear fancy. In the UK, solicitors and barristers (the two types of legal profession) may have LLB after their names, which is the degree they qualified with.
In the UK, there is one body of laws with some variations in Scotland and Northern Ireland. The UK has a Tribunal System where professional Tribunals have the jurisdiction to impose fines and penalties depending on evidence and facts. The UK also has specific courts that handle minor criminal offenses and civil disputes, presided over by magistrates.
In the US, there are federal laws, state laws, and local laws. Each US state has its own laws and courts, meaning legislation varies from place to place. The judicial system in the US functions on the federal and state levels. At the lowest federal tier is the District Court or Trial Court, after which parties can move to the Circuit Courts. State common law courts apply their respective state laws and are presided over by a single judge.
The nature of the US federal government means that the federal minimum wage varies. It is highest in Washington DC, with California a close second. In the UK, the minimum wage is standardized, and all employers are legally bound to pay it.
In the UK, there is no legal or formal process to delete a court conviction from your permanent record. In the US, certain types of criminal records can be sealed or expunged by a judge.
In the US, cannabis has been legalised in 21 states and decriminalised in a further ten. In the UK, it is a Class B drug, but it has been legalised for medical use since 2018, and the UK is one of the world's largest exporters of legal cannabis.
Another difference is that in the US, bar staff and waiters are exempt from the federal minimum wage as their tips are expected to take them over the threshold.
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US public figures can't sue for honest but unfair criticism; in the UK, published facts must be true
In the United States, public figures cannot sue for defamation unless they can prove that the defendant acted with "actual malice". This means that the defendant made the statement with knowledge of its falsehood or reckless disregard for the truth. This principle is rooted in the belief that public figures must be open to criticism, as it helps shape public opinion and holds politicians accountable. The "actual malice" standard also ensures that only those who knowingly or recklessly lie about powerful people and matters of public concern are held liable.
In contrast, UK law requires that published facts must be true. The defence of honest opinion is a significant aspect of UK defamation law, as outlined in Section 3 of the Defamation Act 2013. This defence aims to balance the protection of reputation with freedom of expression. While the defendant does not need to prove the truth of every fact relied upon, a single fact that supports the opinion is sufficient. The court also considers the connection between the statement and the supporting facts, as well as phrasing, verifiability, the disclosed basis of opinion, and context.
The difference in defamation laws between the US and the UK can be attributed to their differing political systems. The US, as a democracy, upholds the principle of freedom of speech, which allows for unfettered criticism of public figures. On the other hand, the UK, with its history of monarchy and sovereignty as divine right, does not have the same "actual malice" standard, leading to a higher risk of liability for publishers and media outlets.
This distinction has resulted in varying levels of protection for public figures in the two countries. In the US, public figures face a higher bar when suing for defamation, and publishers have greater freedom to criticise without fear of litigation. In the UK, while the honest opinion defence provides some protection for publishers, the requirement for published facts to be true makes it easier for public figures to pursue defamation claims successfully.
As a result, US law prioritises freedom of speech and the public's right to criticise their elected officials, while UK law places a higher emphasis on protecting the reputation of public figures and individuals.
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US has plea deals; the UK does not
Plea bargaining is a practice that has spread globally across common-law jurisdictions like the US and UK but varies based on local legal traditions and regulations. In civil law jurisdictions, plea bargaining is generally not permitted or is highly regulated.
In the US, plea bargaining is a common practice. The accused can be offered a chance at a lesser conviction, and they can choose to say "no deal" to an offer from the prosecutor's office. The prosecution then withdraws the offer, and the fact that an offer was made remains a secret. The US plea system can also railroad the innocent into convictions and sentences. For example, prosecutors may file charges or offer plea deals that cause even an innocent defendant to consider or accept a plea bargain. Additionally, the US has a sliding scale of severity regarding murder, ranging from first-degree murder to justifiable homicide, and the more serious the crime, the more likely there will be a plea bargain.
In the UK, the defence can ask for an indication of the likely sentence from the judge before a plea is entered, and the accused may face a lesser sentence by putting forward a guilty plea earlier. However, there is no formal deal where the accused agrees to plead guilty in return for a specific sentence, as is done in the US. The UK also does not have the concept of 1st-degree or 2nd-degree murder; there is only murder and manslaughter.
While the UK does not have a formal plea-bargaining system like the US, there are some similarities in practice. For example, the Crown Prosecution Service (CPS) may drop more serious charges if the accused pleads guilty to lesser ones. However, this is not considered a "deal" as it is in the US, and changing one's story at any point is seen as bad in the UK, whereas it is expected in the US and not held against the accused.
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US has a right to silence; the UK does not
The right to remain silent is a well-known concept in both the US and the UK, with the US Miranda Warning and the UK's caution during arrest. However, there are key differences in how this right is applied in each country. In the US, the right to remain silent is enshrined in the Fifth Amendment, which states that no person shall be "compelled in any criminal case to be a witness against himself". This means that individuals cannot be forced to incriminate themselves during criminal proceedings. The Sixth Amendment also guarantees the right to legal counsel. These rights provide strong protection against self-incrimination during police questioning and ensure that individuals cannot be forced to speak without legal representation.
In the UK, the right to silence is protected under common law and has a long history, particularly in England and Wales, where it was first codified in the Judges' Rules in 1912. The right to silence in the UK context means that a person under suspicion of committing a criminal offence has the protection to remain silent during criminal proceedings without adverse consequences. This is often referred to as the privilege against self-incrimination. While a defendant in a criminal trial has the choice of whether to give evidence, their silence can be used against them, and it may harm their defence if they do not mention something during questioning that they later rely on in court.
The UK's approach to the right to silence has evolved over time, with the Criminal Justice and Public Order Act modifying the right by lengthening the police caution. This new caution highlights that while individuals do not have to say anything, their silence may harm their defence and anything they do say may be used as evidence. This modification brings the UK closer to the US in terms of the potential consequences of invoking the right to silence.
While the US provides a stronger protection of the right to silence through its constitutional amendments, the UK's approach allows for more flexibility in interpreting silence. In the US, refusing to answer questions or provide information is less likely to impact a future defence, whereas in the UK, there are more circumstances where remaining silent can be detrimental to an individual's case. For example, the UK's Regulation of Investigatory Powers Act 2000 imposes penalties for failing to disclose encryption keys or passwords to the police.
In summary, while both the US and the UK recognise the right to silence, the US provides a more absolute protection through its constitutional amendments, whereas the UK allows for more interpretation and considers an individual's silence as a factor in determining guilt or innocence, alongside other evidence. The UK's approach to the right to silence has been subject to debate and legal challenges, with ongoing discussions about the balance between individual rights and the effectiveness of the justice system.
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Frequently asked questions
"Reading law" is a traditional way of saying "studying for a degree", and it is used for all subjects, not just law. In the context of law, it means studying for a degree in law.
In the US, students must take the LSAT and apply to law school after completing their undergraduate degree. Accepted students spend three years studying for a Juris Doctor (JD) degree in law. In the UK, students can complete a three-year LLB program or an alternative undergraduate degree with a one-year GDL conversion course.
While both countries have highly regarded legal systems, their approaches to legal education differ significantly. In the US, there are federal laws, state laws, and local laws, with each state having its own laws and courts. The UK has one body of laws, with some variations in Scotland and Northern Ireland. Another difference is in libel laws. In the US, the burden of proof rests with the person who claims to have been libelled, whereas this is not the case in the UK.
US law schools are known for their high costs. Although scholarships, student grants, and loans are available, the UK is a cheaper option.
