Basics of court structure Flashcards
1
Q
What are some of the main differences between civil and criminal courts
A
- Criminal - mainly involves the state taking action against individuals, deals with offences
- Civil - individuals/orgs against one another, wide range of areas inc. family, commercial, contract, private law disputes
- they also have different aims and functions - civil more focused on compensation, criminal more focused on public policy, protection, punishment and detterence
2
Q
Difference between trial and appellate courts
A
- trial courts - hear cases for the first time
- Appelatte courts - hear appeals from lower courts
- some courts are trial only, some courts are appeal only, some are both
- Generally, English law has a adversarial system
3
Q
Flowchart of structure of the courts
A
Look at diagram and print out to put in front
4
Q
Structure of Criminal courts
A
- All cases start in Magistrate court - summary remains in mags, indictable go to crown,
- Crown court - most serious trials and appeals from magistrate
- HC - 3 divisions - both appeal court and first instance
- CA criminal division - Criminal appeals only
- SC - Appeals only
5
Q
Structure of civil courts
A
- Depending on seriousness, cases can start in the CC, family, or HC
- HC - 3 divisons - can also hear appeals from CC - both appeal and first instance
- CA civil division - civil appeals only
- SC - appeals only
- also have tribunals for certain cases e.g. employment