Case Law Flashcards
What kind of legal system is the UK?
Common law
what is equity as a source of law
separate to common law
laws/rules that develop from civil law.
How are equitable issues resolved
Injunctions - compelling another’s performance or cease performance
-Specific performance: compelling another to perform their obligations under a contract or trust
- Recission: returning parties to where they were before the contract began
Excusal of custom under common law
Local custom: common place acts
- act must have existed since 1189
- existed without interruption from 1189
- must have been enjoyed without force, stealth or permission
- custom must be able to be precisely defined
- must be reasonable and thought of as reasonable throughout time
- consistent with other local customs.
UK courts:
Supreme court
Court of appeal
- criminal
- civil
High Court
- KBD
-FAMILY
-CHANCERY
Criminal:
*crown court
*magistrates
CIVIL:
*county court
*family court
*tribunals
Supreme court
Final court of appeal for both civil and criminal
- created 1 october 2009
- replaced appellate HOL committee
- 12 judges
- president and deputy president
-ONLY judges legal argument
Court of appeal (criminal)
Criminal division:
hears appeal from crown court on conviction, sentencing or fact finding
does not hear from witnesses
considers legl argument
majority decisions prevails (usually sit with 3 judges but sometime 5 or 7)
Court of appeal (civil)
Appeals from:
- 3 division of high court
- county court
- certain tribunal (Employment appeal tribunal as example)
- head of court Master of the Rolls
High court
High court judges (puisne judges)
head of KBD - Lord Chief Justice
Head of Chancery - Lord Chancellor and Vice- chancellor
Family - president of Family division
Kings bench division
Criminal appeals from magistrates by way of case stated from Crown court (case stated appeals)
- handles Contractual disputes (civil)
- actions in tort (civil)
- appeal appeal from county court (civil)
ADMINISTRATIVE COURT application for judicial review: where person feels a public body decision has treated them unfairly, court will decide if body has acted lawfully, available for applicants with ‘sufficient interest’ in the matter
Judicial review (administrative court)
Lord Diplock: classification of issues brought to court:
- illegality
- irrationality
- procedural unfairness
Chancery division (KBD)
Deals with business and property disputes
Includes the Insolvency List, companies list, intellectual property enterprise court and patents court
Family Division (KBD)
Deals with cases of protecting a child who is involved in legal proceedings
- international child abduction
- forced marriage
- female genital mutilation
- applications for financial relief in divorce
Crown court
Deals with Criminal jury trials (indictment)
Cases where the magistrates declined jurisdiction
Triable either way offences where D elected trial by jury
Hears appeals from defendants against conviction and/or sentence from magistrates
Circuit judges and their deputies, recorders and their assistants and a jury for trials
County court
Complicated civil law matters
- personal injury claims
- breach of contract concerning goods or property
- bankruptcy
County court Money Claims centre: only money claims NO ORAL HEARINGs
3 track system
Small claims track
County court
- financial claims under 10,000
- personal injury claims
- residential tenant claims for landlords to carry out repairs no more than 1,000
Fast track claims
County court
claims between 10,000- 25,000
limited oral evidence, 2 experts one per party
Multi-track claims
County court
Claims which fall outside small and fast track.
generally used for higher financial value, more complex claims
Family court
22 April 2014
all family proceedings, some exceptions
Magistrates’ court
ALL CRIMINAL PROCEEDINGS BEGIN
- trial of summary offences
- applications for bail
- issues of summonses and warrants for arrest or search
YOUTH COURT: Ds under 18
- plea before venue hearings
heard by either:
- Justices of the Peace, usually sit in bench of 3
- single district judge
Judicial Committee of the Privy Council
Final appeal court for UK overseas territories, Crown dependencies and for commonwealth countries
comprises of 3-5 of:
- justices of UK supreme court
- members of the former judicial committee of HOL
- Privy councillors who are or were cofa judges
Tribunals
Alternative dispute resolution
less formal procedures
Faster
cheaper
usually less need for legal representation
allows for expert knowledge
Governed by Tribunals and Inquiries Act 1992
First - tier tribunal created by TRIBUNALS COURTS AND ENFORCEMENT ACT 2007 Divided into chambers
What are the chambers of the first- tier tribunal
Created by s3 of Tribunals, courts and enforcement act 2007
- General regulatory chamber
-Social entitlement chamber
- Health, Education and social care chamber
- war pensions and armed forces compensation chamber
- tax chamber
- immigration and asylum chamber
- property
what are summary offences?
ONLY dealt with in the magistrates court
driving offences
triable either way offences
offence that can be heard either in magistrates or crown court
Plea before venue: D enters guilty or not guilty plea.
If D chooses guilty magistrates will sentence IF they feel the case warrants more severe punishment that they cannot do
If D chooses not guilty ‘mode of trial’ hearing. Where they will assess the case and decide if they have jurisdiction if they do they will sentence if they dont sent to crown court
What is an indictable offence
Tried in Crown court
Most serious offences
trial by jury if D pleas not guilty
Becoming lay magistrate
No legal qualifications required
6 key qualities:
- good character
- understanding and communication
- social awareness
- maturity and sound temperment
- sound judgement
- commitment and reliability
Inquisitorial legal system
Where the courts are actively involved in investigating the case
Pre trial proceedings
Interrogation
Adversarial legal system
Role of the courts is merely to ensure parties are operating properly and according to regulation standards
What kind of law is civil law
Private law and involves relationships between individuals
What is a green paper
Consultation document
What is a white paper
Policy documents that set out future proposals
