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
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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
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3
Q

Flowchart of structure of the courts

A

Look at diagram and print out to put in front

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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
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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
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