Case Law

Question 1

What is Case Law?

Answer 1

areas of law have their base in case law
- ex; law relating to the constiution or murder
- legislation is interpreted and applied in case law according to the rules of statutory interpretation

Question 2

What is the basic prositions of this stare decisis doctrine:

Answer 2

• the basic prositions of this doctrine are:
  1. a case should be normally dealt with in the same way as previous cases
  2. the law can only be changed according to the hierarchy of the courts

Question 3

Court Hierarchy/ Structure

Answer 3

• the Magistrates court hear criminal civil cases and most serious criminal cases go straight to the crown court
• cases often start in the County Court and may progress through different routes
• tribunal system has its own way of dealing with cases and appeals

Question 4

What is the Magistrates Court?

Answer 4

• deals with mainly criminal but some civil (95% of cases will be completed here)
• deals with criminal cases:
  1. summary offences (less serious),
  2. Either-way offences (Magistrates or Crown Court)
• depends on the seriousness and the specific case
  –> ex; theft
  3. Indictable offences (passed to the crown)
• magistrate will decide whether to grant bail or other restrictions and then pass it on
  –> ex; murder

Question 5

What is the County Court?

Answer 5

• deals with civil cases oly
• cases are of less serious nature
• examples:
  –> breach of contract, negligence, personal injury or property

Question 6

what is the Crown Court?

Answer 6

• can hear at first instance or on appeal
• hears mainly criminal cases

Question 7

what is the family court?

Answer 7

• a seperate court with jurisdiction over all family proceedings including those related to adoption, divorce, domestic abuse, cases involving children
• created in 2014
• a national court
• also hears appeals for family

Question 8

What is the High Court?

Answer 8

has three divisions
1. the kings bench division - including specialist courts
- largest one and hears various cases
2. the Family Division
- family disputes that go beyond family court
3. the Chancery Division
- Trusts, wills, land claims, tax claims

Question 9

What is the Court of Appeal?

Answer 9

• hears appeals from lower courts and tribunals
• decided into 2 divisions:
  1. the Criminal Division
  2. the Civil Division
• consists of a number of senior judges: Lord/Lady Chief Justice and Wales, the Master of the Rolls, the Heads of Division of the High

Question 10

UK Supreme Court

Answer 10

• Replaced the Supreme Court of Appeal
• now made up of 12 justices who don’t take part in parliamentary processes. It is the final court of appeal.
• its decisions are binding on all lower courts.
• can depart from it’s own case law when it appears right to do so
• it is selective and hears cases of general public importance

Question 11

Law Reporting

Answer 11

• the ICLR is recognised as the authorised publisher of the official series of the Law Reports