1): The Legal System of England and Wales

Question 1

What is the role of the judiciary in the English Legal System?

Answer 1

Judges enforce the law, represent the Crown, and are not state employees.

They hold office for a tenure period.

Question 2

How is the judiciary ranked?

Answer 2

judicial hierarchy: Senior Judges > Superior Judges > Inferior Judges

Question 3

What makes a judge a Senior Judge?

Answer 3

combined judicial, administrative, and leadership functions. Their powers are unrestricted by statute.

Question 4

Name four key Senior Judicial Offices and their corresponding courts.

Answer 4

Lord Chief Justice – Court of Appeal

President of the Supreme Court – Supreme Court & Privy Council

Master of the Rolls – Court of Appeal

President of the King’s Bench/Chancery/Family Division – High Court

Question 5

What distinguishes Superior Judges?

Answer 5

unlimited jurisdiction, meaning their powers are not limited by statute.

Question 6

Name four Superior Judicial Offices and their corresponding courts.

Answer 6

Justice of the Supreme Court – Supreme Court & Privy Council

Lord Justices of Appeal – Court of Appeal

Puisne Judge – High Court, Crown Court, Court of Appeal

High Court Judge – High Court, Crown Court, Family Court

Question 7

What are the powers of an inferior judge?

Answer 7

no unlimited jurisdiction + powers defined by statute

Question 8

Name four inferior judicial offices and their corresponding courts?

Answer 8

circuit judge - county, crown and family courts

District judge- county, high and family courts

District Judge (Magistrates’ Court) - Magistrates’ and Family Courts

Recorder - County, Crown + Family Courts

Question 9

Which courts only hear appeal cases?

Answer 9

Supreme Court and Court of Appeal.

Question 10

Which courts deal with most civil cases?

Answer 10

High Court, County Court, and Family Court.

Question 11

Which courts handle most criminal cases?

Answer 11

Crown Court and Magistrates’ Court.

Question 12

What is the role of the Supreme Court?

Answer 12

highest appellate court for civil and criminal matters.

Cases involving a point of law of public importance.

appellate jurisdiction only.

Question 13

What are the two divisions of the Court of Appeal?

Answer 13

Civil and Criminal divisions.

Appeal cases only, involving a question of law.

Question 14

What are the three divisions of the High Court?

Answer 14

King’s Bench Division – complex contract/tort disputes, high-value cases.

Chancery Division – business/property cases, patents, and intellectual property.

Family Division – complex family cases, including international child abduction.

Question 15

What jurisdiction does the High Court have?

Answer 15

civil cases only and has parallel jurisdiction with County Court based on claim value.

Question 16

What type of cases does the Crown Court hear?

Answer 16

Serious criminal cases, including indictable and either-way offences.

Question 17

What cases does the Family Court handle?

Answer 17

Divorce, annulments, child custody, financial disputes, adoption, and care proceedings.

Question 18

What type of cases does the County Court handle?

Answer 18

Civil cases that are less complex and of lower value than those in the High Court.

Question 19

What cases does the Magistrates’ Court hear?

Answer 19

Criminal cases + limited jurisdiction in civil matters like licensing applications.

deals with first appearances, procedural issues, and bail applications.

Question 20

What cases does the Youth Court hear?

Answer 20

Criminal cases involving defendants aged 10-17.

serious offences like homicide, manslaughter, rape, and firearms offences.

Question 21

Do the High court and County Court have concurrent jurisdiction?

Answer 21

Yes

both can hear the same type of cases

Question 22

Where should civil cases of less than 100k (or less than 50k for personal injury) be commenced?

Answer 22

County court

Question 23

Where can civil cases worth more than £100,000 be commenced?

Answer 23

King’s Bench Division, Chancery Division, or County Court.

Question 24

Where should cases with complex facts or of public interest be commenced?

Answer 24

High Court

all other cases should be heard in the County court

Question 25

Where does a defendant appeal from the Magistrates' Court?

Answer 25

Crown Court.

Question 26

What happens in a Magistrates' Court appeal?

Answer 26

Crown Court A full rehearing of the case. If the plea was guilty, appeal can only be against sentence. The Crown Court may confirm, substitute, or increase the sentence.

Question 27

Can the prosecution appeal from the Magistrates' Court to the Crown Court?

Answer 27

No

Question 28

Where does a defendant appeal from the Crown Court?

Answer 28

Court of Appeal.

Question 29

What are the steps for appealing from the Crown Court?

Answer 29

Leave to appeal is required. Appeals are heard by the Court of Appeal. If dismissed, the original verdict and sentence remain. If successful, the verdict can be confirmed, overturned, or the sentence reduced.

Question 30

Can the prosecution appeal if the defendant was acquitted by a jury in the Crown Court?

Answer 30

No, no right of appeal

Question 31

In what circumstances can the prosecution appeal?

Answer 31

Against a trial judge’s ruling that terminated or weakened the case. If permission is granted by the trial judge or Court of Appeal. Against an unduly lenient sentence, via the Attorney General Reference.

Question 32

What is an Attorney General Reference?

Answer 32

government appeal against an unduly lenient sentence, requiring Attorney General’s consent.

Question 33

What is an Appeal by Way of Case Stated?

Answer 33

appeal based on an error of law or excess of jurisdiction, where either party may appeal against the Magistrates' Court decision.

Question 34

Where is an Appeal by Way of Case Stated made if the original case was in the Crown Court?

Answer 34

To the High Court.

Question 35

What is an Appeal for Judicial Review of Proceedings?

Answer 35

party can seek judicial review if the lower court acted unreasonably, ultra vires, or irrationally.

Question 36

What does the Criminal Cases Review Commission (CCRC) do?

Answer 36

Refers cases with a possible miscarriage of justice to the: Crown Court (for Magistrates’ cases) or the Court of Appeal (for Crown Court cases)

Question 37

Can individuals request a review by the CCRC?

Answer 37

Yes

Question 38

What is the key test for the CCRC to refer a case?

Answer 38

must be a real possibility that the conviction, verdict, or sentence would not be upheld.

Question 39

When can permission be given for a civil appeal?

Answer 39

When there is a realistic prospect of success or a compelling reason for the appeal.

Question 40

Who grants permission for a civil appeal?

Answer 40

Either the court of first instance or the appellate court.

Question 41

How many levels of appeal are usually available in civil cases?

Answer 41

Only one – no further appeal opportunities.

Question 42

What types of appeals do the Court of Appeal and Supreme Court hear?

Answer 42

Only appeals involving important legal principles or practice.

Question 43

Where do appeals from the High Court go?

Answer 43

Court of Appeal, if permission is granted.

Question 44

What is a Leapfrog Appeal from the High Court?

Answer 44

direct appeal to the Supreme Court, bypassing the Court of Appeal.

Question 45

What conditions must be met for a Leapfrog Appeal?

Answer 45

The appeal raises national legal issues. The result is of particular significance. OR Early consideration by the Supreme Court is beneficial.

Question 45

When can a case go from the Court of Appeal to the Supreme Court?

Answer 45

If the case raises an arguable point of law of general public importance.

Question 46

Who grants permission for an appeal from the Court of Appeal to the Supreme Court?

Answer 46

Court of Appeal or Supreme Court.

Question 47

What are rights of audience?

Answer 47

The right to appear in court on behalf of a client.

Question 48

Do solicitors have automatic rights of audience in all courts?

Answer 48

No, they have automatic rights only in County Court, Magistrates’ Court, and lower courts.

Question 49

How can a solicitor gain rights of audience in senior courts?

Answer 49

completing higher rights of audience training and passing advocacy assessments.