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English Legal System > Ch 2; Court System > Flashcards

Ch 2; Court System Flashcards

1
Q

Who has overall responsibility for the Court System?

A

The Ministry of Justice

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2
Q

What was the aim of the Supreme Court of Judicature Acts of 1873 and 1875?

A

To combine the separate systems of Equity and Common Law Courts

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3
Q

What are the Senior Courts?

A

Supreme Court
Court of Appeal
High Court (Chancery, KBD, Family)
Crown Court

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4
Q

What are the Inferior Courts?

A

Family Court
County Court
Magistrates Court

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5
Q

Which court has EXCLUSIVELY Criminal Jurisdiction?

A

Crown Court

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6
Q

Which Court has EXCLUSIVELY Civil Jurisdiction?

A

County Court

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7
Q

What are the courts with Criminal Jurisdiction?

A

Supreme Court
Court of Appeal (Criminal)
High Court
Crown Court
Magistrates Court

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8
Q

What are the courts with Civil Jurisdiction?

A

Supreme Court
Court of Appeal (Civil)
High Court
Family Court
County Court

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9
Q

What are the Trial Courts for Criminal Cases?

A

Crown Court
Magistrate Court

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10
Q

What are the Trial Courts for Civil Cases?

A

Family Court
High Court
County Court

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11
Q

What are the appeal courts for Criminal Cases?

A

Supreme Court
Court of Appeal (Criminal)
High Court

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12
Q

What are the Appeal Courts for Civil Cases?

A

Supreme Court
Court of Appeal (Civil)
High Court
Family Court

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13
Q

Where do you appeal a County Court decision initially?

A

The High Court

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14
Q

Where can you appeal a High Court case?

A

The Court of Appeal - with permission required for all cases

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15
Q

Where can you appeal a Court of Appeal decision?

A

Supreme Court - on Points of Law only, and with permission required

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16
Q

Where can you appeal a Family Court decision?

A

Within the Family Court High Court

Or the Court of Appeal

17
Q

Where can you appeal a Family Court decision?

A

Within the Family Court High Court

Or the Court of Appeal

18
Q

What is the Overriding Objective of the Civil Procedure Rules of 1998?

A

That parties to a civil dispute should wherever possible reach agreement and settle the dispute without using the courts

19
Q

What are the pre-action protocols for a civil claim?

A

A set of written rules which state what a party must do BEFORE deciding to issue court proceedings

20
Q

How does a Claimant commence proceedings in a civil case?

A

By issuing a claim form at the court office

21
Q

What is the threshold for commencing a civil claim in the High Court?

A

100k in relation to financial claims
50k in relation to personal injury claims

22
Q

What is the typical work of the Kings Bench Division (KBD) of the High Court?

A

Contract and Tort Actions
Criminal Appeals
Punishment of Contempt

23
Q

What is the typical work of the Chancery Division of the High Court?

A
  • Wills and estates
  • Trusts
  • Land and Mortgages
  • Company Law
  • Bankruptcy
24
Q

What happens after a claim is filed?

A

The documents detailing the claim are shared with the defendant.

The defendant will submit a written defense to the court.

25
Q

What is the threshold for proving a civil case?

A

Balance of Probabilities

26
Q

Who pays legal costs?

A

The losing party

27
Q

Does the Court enforce payment of damages?

A

Not directly. A Court Order may be issued which can be used by Bailiffs to seize property.

28
Q

How does one appeal a Civil case?

A

Apply for permission from the initial court.

29
Q

Can you appeal a civil decision on a point of fact?

A

Yes - but permission unlikely to be granted. Point of Law is more common and successful.

30
Q

How many circuits of the Crown Court are there?

A

Six - including the Old Bailey in London

31
Q

Who sits in judgement on the Crown Coutt?

A

Either a High Court Judge, or a Circuit Judge

32
Q

How does a Criminal Proceedings start?

A

The Police will investigate and then issue a charge (verbally) or summons (written).

33
Q

Who is responsible once a charge is issued?

A

Crown Prosecution Service

34
Q

What is the route to appeal a Summary Charge?

A

Defendant may appeal to Crown Court on sentence, point of law or fact

Either defendant or prosecutor may appeal to High Court on Point of Law only.

Further appeal to Supreme Court is possible with permission on Points of Law with general public importance.

35
Q

What is the route to appeal an Indictment?

A

Defendant only may appeal to the Court of Appeal with permission. May appeal sentence, point of law or fact.

Further appeal possible to the Supreme Court with permission and only on Points of Law of general public importance.

36
Q

What is the Privy Council?

A

Holds jurisdiction over appeals from Commonwealth Countries.

Hears questions relating to the legislative authorities in Scotland, Wales and Northern Ireland.

37
Q

Who is the Head of the Judiciary?

A

Lord Chief Justice (previously the Lord Chancellor)

38
Q

Who are the Attorney General and Solicitor General?

A

The legal advisors to the Crown. Usually members of House of Commons. Attorney General is a political appointment.

English Legal System (10 decks)

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