1. The English legal system

Question 1

What do civil courts do?

Answer 1

deal with all disputes between individuals (even where they involve multi-national corporations, government departments or public enterprises);
their jurisdiction includes contracts and commercial law, company law, family disputes, wills, and torts – such as negligence.

Question 2

What is the hierarchy of courts in the UK?

Answer 2

1) Supreme Court of the UK
2) Court of appeal (civil division)
3) High court
4) County court

Question 3

What do criminal courts do?

Answer 3

deal with criminal issues : theft, assaults, motoring offence, fraud, murder etc.

In almost all cases the prosecution is brought on behalf of the state (in the name of the Queen usually);

Question 4

Who are the three main personnel of English courts?

Answer 4

Judges
Magistrates
Jurors

Question 5

Explain the role of judges

Answer 5

• decide almost all civil cases and determine remedies;
• in criminal cases they decide sentences to be imposed;
• they handle all appeal cases

Question 6

What are the three main functions of magistrates (justices of peace)

Answer 6

1) minor criminal cases are tried and sentenced by the magistrates
Some magistrates will also deal with:
2) youth criminal justice (apart from grave crimes) and/or
3) some family law jurisdiction

Question 7

What do jurors do?

Answer 7

• determine guilt or innocence in criminal cases

- Rare use in some civil cases

Question 8

Who may/may not be qualified for jury service?

Answer 8

Any person may be called for jury service if:
• between the ages of 18 and 70 years old,
• registered to vote on the electoral register, and
• a UK citizen for at least 5 years since their thirteenth birthday
They must not be:
• mentally disordered, or
• disqualified from jury service for a particular reason (e.g. because of criminal convictions within certain time limits).

Question 9

Who are the three main personnel in the legal profession?

Answer 9

• Barristers
• Solicitors
• Legal executives and paralegals

Question 10

Legal Executives and other paralegals

Answer 10

There has been a growth in specialist legal staff such as legal executives who are regulated by independent bodies of which CILEx (the Chartered Institute of Legal Executive) is the oldest.

Once qualified, and having practised, they may be able to apply to become solicitors. If so, they will still require further training.