Case Law Flashcards
1
Q
What are the basic propositions of Stare Decisis?
A
- A case should be dealt with in the same way as previous cases
- The law can only be changed according to the hierarchy of the courts
2
Q
What is the Magistrates Court?
A
- Mainly deals with criminal, but also some civil cases
- Cases heard by magistrates or district judges
3
Q
What are the 3 different types of criminal offenses
A
- Summary (less serious)
- Hybrid (heard by either the magistrates court or crown court)
- Indictable offences (passed to the crown court)
4
Q
What is County Court?
A
- Deals with civil cases only
- Cases are of a less serious nature and could include claims relating to breach of contract, negligence, personal injury or property
5
Q
What is the Crown Court?
A
- Hears cases at first instance or on appeal
- Hears mainly criminal cases
6
Q
What is Family Court?
A
- A separate court with jurisdiction over all family proceedings, including those related to adoption, divorce, domestic abuse, cases involving children
7
Q
What is High Court?
A
- Senior courts
- Has supervisory jurisdiction over all subordinate courts
Has 3 divisions:
1. The King’s Bench, includes specialist courts
2. The family division
3. The chancery division
8
Q
What is the Court of Appeal?
A
- Hears appeals from lower courts and tribunals
- Divided into two divisions; criminal and civil
- Consists of a number of senior judges
9
Q
What is the UK Supreme Court?
A
- At the top of the hierarchy
- A court for the UK as a whole
- Created by the Constitutional Reform Act 2005
- Final court of appeal
- Decisions are binding to all lower courts
- Can depart from its own case law
- Only hears cases of general public importance
10
Q
What are the two different citation systems?
A
- Law Report Citation System (based on law reports and publications)
- Neutral Citation System (based on reports that heard the case)
11
Q
What are the 8 ICLR Law Report Abbreviations?
A
- AC (Appeal Cases)
- KB (King’s Bench Division)
- Fam (Family Division)
- Ch (Chanchery Division)
- All ER (All England Law Reports)
- Cr App R (Criminal Appeal Reports)
- EHRR (European Human Rights Reports)
- FCR (Family Court Reports)
