case law Flashcards
The body of legal reasoning is known as..
case law
FACT
Civil Cases = Claimant (plaintiff) v Defendant
This is where one person brings an action against another person, e.g. Smith sues Jones.
A case can be between two individuals, two companies or a company and an individual.
The parties involved in a case are either a claimant (respondent) or defendant (appellant).
The name of the person bringing the action comes first followed by the name of the defendant, e.g. Smith v Jones.
The small letter “v” is an abbreviation of versus. However, the term “and” is used to pronounce it, rather than “v” or “versus”, e.g. the case “Smith v Jones” would be pronounced “Smith and Jones
FACT
Criminal Cases = R (The Crown) v the Defendant
This is where a case is heard between the Crown (the Government) and an individual or an organisation or a company e.g. R v Smith where Smith is the accused.
The “R” stands for Rex (the King) or Regina (the Queen) - in some reports this is abbreviated to Reg.
A case can be pronounced in a number of ways, e.g. “R. v Smith” would be pronounced either “the Crown against Smith”, or it can be referred to as simply “Smith”
Explain the meaning of doctrine of judicial precedent
The doctrine of judicial precedent comes from the principle of stare decisis which means ‘stand by decisions already made’ and requires that like cases are treated alike. And in doing so provides consistency and continuity in the application of the law.
What is the effect of the doctrine of stare decisis?
A It ensures that judgments from superior courts bind the courts below
B It is the binding element of a judgment
C It is the persuasive element of a judgment
D It allows a court to distinguish its decision and not follow a previous decision
A It ensures that judgments from superior courts bind the courts below
- In which court are about 95% of criminal cases heard in England and Wales?
County Court
Crown Court
Magistrates Court
High Court
The correct answer was Magistrates Court
In England and Wales, the majority of cases are heard in a magistrates court, meaning that they are either summary offences or triable either way offences. As the name of the court suggests, the cases are heard by magistrates, who are usually on a bench of three, and have limited sentencing powers.
Who would decide if a defendant was guilty or not guilty in a crown court?
Jury
Barrister
Judge
Magistrate
Jury
In a crown court there will be a jury of 10-12 people from the local area who have been randomly selected to hear the case. They decide whether the defendant is guilty or not guilty, depending on the evidence that they have heard in court. The judge will then decide what the sentence for the defendant will be. The barristers are the legal representatives for either the defence or the prosecution and a magistrate will not participate in the legal proceedings of a crown court.
Which court is the lowest in the civil court hierarchy?
High Court
County Court
Crown Court
House of Lords
County Court
The county court is the lowest court in the hierarchy for civil courts. It has several divisions, each one designed to make the legal procedure quicker and easier for the claimant. After the county court is the high court, which is also split into separate divisions, the court of appeal civil division and the house of lords
Which of the following courts can deal with both criminal and civil cases?
County Court
Crown Court
Court of Appeal
Tribunals
Court of Appeal
The court of appeal will have a separate division for civil cases- obviously called the civil division- and will have a division for criminal cases. The crown court, as you know, deals with criminal cases, while the high court and county court deal specifically with civil cases.
Who gives an unbiased summary of the case in a magistrates court?
Magistrate
Legal Advisor
Defence Lawyer
Prosecution Lawyer
Legal Advisor
In a magistrates court, the legal adviser takes notes throughout the case and will summarise it to the magistrates before they leave the court to discuss whether the defendant is guilty or not guilty and what the sentence should be for them. This summary should be unbiased, in order to encourage a fair and reasonable decision.
Which of the following is not part of the County Court?
They all are
Small Claims Track
Large Claims Track
Fast Track
Large Claims Track
The small claims track is used for claims up to £5000, or £1000 for personal injury, the advantages being that it is quick, cheap and efficient. The fast track is used for claims between £5000 and £15,000 where the claimants are often successful and there will usually be a maximum of a one day hearing. Finally, the multi track, which is not mentioned above, is for claims over £15,000 or for more complicated cases. It is important to remember the differences between these three tracks as you may be asked to explain them in the exam.
Who usually presides over fast track claims in the County Court?
District Judge
Circuit Judge
Magistrate
Lord Chief Justice
Circuit Judge
Although district judges usually oversee cases in the County Court, it is important to remember that Circuit Judges will usually oversee fast track cases. A Circuit Judge is usually someone with 10 years experience working in courts. The office of the Circuit Judge was established by the Courts Act 1971.
What type of claims does the Chancery Division of the High Court deal with?
All of these
Property
Probate
Business Partnerships
All of these
The Chancery Division of the High Court usually deals with cases involving probate, trusts (money inherited by minors who are too young to use it), property, business partnerships, and mortgages. The cases will normally be presided over by the Lord Chancellor (or his deputy).
Which group in society does a YOT work with, in relation to criminal cases?
Disabled Defendants
Old Aged Pensioners
Youths
Unemployed Adults
Youths
YOT stands for youth offending team, often working in magistrates courts, they are a team designed to prevent young offenders from re-offending. An example of a sentence which may be imposed upon young offenders is a term in a young offenders institute.
ADR can only be used in court.
True
False
False
ADR, alternative dispute resolution, is a way of settling disputes without going to court, which is usually costly, time consuming or inappropriate. The most common forms of ADR are negotiation, mediation and arbitration.
Which of the following types of ADR means that the parties allow a third person to settle their dispute?
Mediation
Arbitration
Negotiation
Tribunal
Arbitration
Arbitration is a way of settling disputes when the parties allow a third person to settle their dispute and agree to follow that decision. Arbitration is governed by the Arbitration Act 1996 and the third party who settles the dispute is called an arbitrator.
Which of the following oversees civil cases, must have been a barrister for at least 15 years, has to have been a high court judge for several years and is appointed by the Queen on the advice of the prime minister?
Lord Chief Justice
Lord Justice of Appeal
Puisne Judge
District Judge
Lord Justice of Appeal
A lord justice of appeal oversees cases in the civil division of the court of appeal and must have been a barrister for at least 15 years, has to have been a high court judge for several years and is appointed by the Queen on the advice of the prime minister. They will listen to appeals from the country court and the high court.
Who hears cases in the supreme court where the cases are appeals from the court of appeal?
District Judge
Law Lord
Circuit Judge
Lord Chief Justice
Law Lord
The law lords will hear appeals from the court of appeal in groups of three. The position of law lord means that that person must have been a barrister for at least 15 years, amoungst other requirements.
