2. The Courts

Question 1

What do criminal courts deal with and who holds the burden of proof?

Answer 1

Criminal courts deal with defendants accused of committing criminal offences. The burden of proof lies on the prosecution, which must prove guilt beyond reasonable doubt.

Question 2

What do civil courts deal with and who holds the burden of proof?

Answer 2

Civil courts deal with private disputes such as contract, commercial, and family law. The burden of proof is on the claimant, who must
prove his case on the balance of probabilities.

Question 3

What can be appealed and what cannot?

Answer 3

Appeals can only be made on a point of law.
One cannot appeal merely on a point of fact.

Question 4

Distinguish between superior and inferior courts.

Answer 4

Superior courts have unlimited jurisdiction and are not subject to High Court supervision. Inferior courts have limited jurisdiction and are subject to superior court review.

Question 5

Name examples of superior and inferior courts.

Answer 5

Superior: Supreme Court and the Employment Appeal Tribunal.
Inferior: Magistrates’ court and the County Court.

Question 6

What are the lowest courts that can hear civil cases?

Answer 6

County Court, magistrates’ court, and the Family Court.

Question 7

Describe the County Court.

Answer 7

Most civil cases start in the County Court. It was unified under S.17 of The Crime and Courts Act 2013 into one court but uses former County Court buildings, now known as County Court hearing centres.

Question 8

What civil matters can magistrates’ courts handle?

Answer 8

Licensing matters and non-payment of bills.

Question 9

What matters does the Family Court deal with?

Answer 9

Family matters such as divorce, domestic violence, and two categories of proceedings related to children – private law proceedings like custody disputes, and public law proceedings where local authorities bring cases.

Question 10

Role of the Judiciary

Answer 10

• Make decisions in disputes (civil, family, criminal).
• Base decisions on evidence and apply relevant law.
• Can occasionally set precedent (common law/judge-made law).
• Mostly apply laws set by Parliament.

Question 11

Judicial Appointments Before 1990

Answer 11

• Judges in England and Wales were appointed by the Lord Chancellor from barristers.
• Criticized for ‘secret soundings’ within the ‘old boy network’.

Question 12

Courts & Legal Services Act 1990

Answer 12

• Opened judiciary to a wider range of candidates.
• Aimed for greater transparency and diversity.

Question 13

Judicial Training

Answer 13

• Given by the Judicial College.
• Aids judges who may not have experience in the specific area of law they’re presiding over.

Question 14

Judge Retirement

Answer 14

• Compulsory retirement age is 70.
• Lord Chancellor can extend this age.

Question 15

Removal of Judges

Answer 15

• Grounds: misbehaviour or incapacity.
• Process for higher-level judges involves a petition to the King from both Houses of Parliament.

Question 16

Who are Magistrates?

Answer 16

• Lay people sitting in groups of three in magistrates’ courts.
• Handle criminal and civil cases, advised by a legally qualified court clerk.
• Open to those aged 18-65, unpaid position.
• Some professions are excluded due to potential conflicts of interest.