1- Reasons For A Court Hierarchy

Question 1

List 4 reasons for the court hierarchy.

Answer 1

1. Appeals
2. Doctrine of precedent
3. Specialisation
4. Administrative convenience

Question 2

How does the court hierarchy impact on appeals? Provide an example.

Answer 2

The court hierarchy allows for an effective system of appeals. This promotes fairness and the correction of any mistakes made by judges of the lower courts.

Eg: in the studded belt case, Mr. Deing was found guilty by the Magistrates’ court for wearing a belt, which they considered to be a ‘regulated weapon’.

Deing appealed to the Supreme Court which then reversed this decision.

Question 3

How does the court hierarchy impact the doctrine of precedent?

Answer 3

The court hierarchy allows higher courts to bind those below them.

Without a court hierarchy, the doctrine of precedent would not operate effectively. It creates consistency, predictability and fairness.

Eg. Because the Supreme Court is above the County Court in the court hierarchy, the County Court is bound to follow the precedent set.

Question 4

How does the court hierarchy impact specialisation? Provide an example.

Answer 4

The court hierarchy allows different courts to become familiar with and develop their own areas of expertise, based on the types of cases that they hear.

Eg: The Supreme Court specialises in the most serious cases, for example, indictable offences such as murder or manslaughter.

Question 5

How does the court hierarchy create administrative convenience? Provide an example.

Answer 5

Because higher courts in the hierarchy hear more serious and complex cases, and lower courts hear minor and less serious cases, they develop specialised knowledge in certain areas of law. Thus they can process cases quickly.

Eg: The Magistrates’ Court often heard shoplifting or traffic offences.