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GCSE Citizenship: Rights and responsibilities > Chapter 2: How the different criminal and civil courts work > Flashcards

Chapter 2: How the different criminal and civil courts work Flashcards

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1
Q

What does the legal system distinguish between?

A

The legal system distinguishes between:

  1. Civil law
  2. Criminal law
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2
Q

How are criminal cases brought?

A

Criminal cases are brought on behalf of the state against the citizen for breaking the law of the land

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3
Q

What do civil cases relate to?

A

Civil cases relate to disputes between:
1. Individuals
Or,
2. Organisations

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4
Q

In a civil court, what do the vast majority of cases not involve?

A

In a civil case, the vast majority of cases do not involve a jury

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5
Q

In a civil case, the vast majority of cases do not involve a jury.
What are the main exceptions?

A
  1. Libel
  2. Slander
    trials are the main exceptions
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6
Q

What are most civil cases dealt with by?

A

Most civil cases are dealt with by County Courts

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7
Q

Most civil cases are dealt with by County Courts, including small claims cases (up to £5000).
If the civil case is more serious, it will be what?

A

If the civil case is more serious, it will be forwarded to the High Court

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8
Q

What do Civil courts deal with?

A

Civil courts deal with:

  1. Personal injury claims
  2. Breaches of contract
  3. Other matters that arise between individuals, or companies
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9
Q

Where is the trial held, in a criminal law case?

A

In a criminal law case, the trial is held in:
1. A Magistrates’ Courts for minor matters
Or,
2. The Crown Court for more serious offences

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10
Q

Who brings criminal cases?

A

The Crown Prosecution Service (CPS) brings criminal cases

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11
Q

The claimant in a civil case

A

The claimant in a civil case is the person seeking damages

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12
Q

In a civil case, what must the claimant do?

A

In a civil case, the claimant must provide proof

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13
Q

In a civil case, the claimant must provide proof and the judge decides the outcome ‘on the basis of probability.’
If the judge decides that the claim is genuine, they will do what?

A

If the judge decides that the claim is genuine, they will make an award in the claimant’s favour

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14
Q

In a criminal case, the charges must be proved beyond reasonable doubt, which means that the court must be what to return a guilty verdict?

A

In a criminal case, the charges must be proved beyond reasonable doubt, which means that the court must be absolutely sure of the guilt of the accused to be able to return a guilty verdict

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15
Q

Criminal law

A

Criminal law is the type of law where individuals:

  1. Are charged by the state with an offence
  2. If found guilty are punished by the state
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16
Q

Civil law

A

Civil law is the type of law that deals with disputes between individuals where damages are awarded

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17
Q

The court structure in England and Wales:
Magistrates’ Court
(England and Wales)

A

The Magistrates’ Court in England and Wales is the trial for:

  1. Most criminal offences
  2. Some civil matters
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18
Q

The court structure in England and Wales:
County Court
(England and Wales)

A

The County Court in:
1. England
2. Wales
is the trial for most civil cases

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19
Q

The court structure in England and Wales:
Family court
(England and Wales)

A

The Family court in:
1. England
2. Wales
is the trial for most family cases

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20
Q

The court structure in England and Wales:
The Crown Court
(England and Wales)

A

The Crown Court in England and Wales is the jury trial for:
1. All indictable
2. Some either-way
criminal offences

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21
Q

The court structure in England and Wales:
High Court
(England and Wales)

A

The High Court in England and Wales is the:

  1. Chancery
  2. Queen’s Bench
  3. Family Divisions
22
Q

Who are present in a High Court?

England and Wales

A

Present in a High Court (England and Wales) are:

  1. High Court Judges
  2. Deputy High Court Judges
23
Q

The court structure in England and Wales:
The Court of Appeal
(England and Wales)

A 
The Court of Appeal in England and Wales is appeal only, on points of law to either the:
1. Criminal
Or,
2. Civil
Divisions
24
Q

Who are present in the Court of Appeal?

England and Wales

A

Present in the Court of Appeal in England and Wales are:

  1. The Lord Chief Justice
  2. Heads of Division
  3. The Court of Appeal judges
25
Q

The court structure in England and Wales:
First-tier Tribunal
(England and Wales)

A

The First-tier Tribunal in:
1. England
2. Wales
is appeals from executive agency decisions

26
Q

Who are present in a First-tier Tribunal?

England and Wales

A

Present in a First-tier Tribunal in England and Wales are Tribunal:

  1. Judges
  2. Members
27
Q

The court structure in England and Wales:
Upper Tribunal
(England and Wales)

A

The Upper Tribunal in:
1. England
2. Wales
is appeals from the First-tier Tribunal

28
Q

Who are present in an Upper Tribunal?

England and Wales

A

Present in an Upper Tribunal in:
1. England
2. Wales
are Upper Tribunal Judges

29
Q

The court structure in England and Wales:
Employment Tribunal
(England and Wales and Scotland)

A 
The Employment Tribunal in:
1. England
2. Wales
3. Scotland
is claims about matters to do with employment
30
Q

Who are present in an Employment Tribunal?

England and Wales and Scotland

A

Present in an Employment Tribunal in England and Wales and Scotland are employment:

  1. Judges
  2. Members
31
Q

The court structure in England and Wales:
Employment Appeal Tribunal
(England and Wales)

A

The Employment Appeal Tribunal in:
1. England
2. Wales
is appeals from the Employment Tribunals

32
Q

Who are present in an Employment Appeal Tribunal?

England and Wales

A

Present in an Employment Appeal Tribunal in England and Wales are employment appeal:

  1. Judges
  2. Members
33
Q

Other than the First-tier Tribunal, Upper Tribunal, Employment Tribunal and the Employment Appeal Tribunal, there are other tribunals, such as what?

A 
Other than the:
1. First-tier Tribunal
2. Upper Tribunal
3. Employment Tribunal
4. Employment Appeal Tribunal
,there are other tribunals, such as School Exclusion Panels
34
Q

The court structure in England and Wales:
UK Supreme Court
(England and Wales)

A

The UK Supreme Court in:
1. England
2. Wales
is appeal only, on points of law

35
Q

Who are present in the UK Supreme Court?

England and Wales

A

Present in the UK Supreme Court in:
1. England
2. Wales
are Justices of the Supreme Court

36
Q

The legal system distinguishes between civil law and criminal law and has what for resolving the differing cases?

A

The legal system:

  1. Distinguishes between civil law and criminal law
  2. Has distinct legal pathways for resolving the differing cases
37
Q

Civil cases relate to disputes between individuals, or organisations and are resolved by what?

A

Civil cases:

  1. Relate to disputes between individuals, or organisations
  2. Are resolved by the award of damages
38
Q

Most civil cases are dealt with by County Courts, including what?

A

Most civil cases are dealt with by County Courts, including small claims cases (up to £5000)

39
Q

In a civil case, the claimant must provide proof and how does the judge decide the outcome?

A

In a civil case, the:

  1. Claimant must provide proof
  2. Judge decides the outcome ‘on the basis of probability’
40
Q

The Magistrates’ Court in England and Wales is the trial for most criminal offences and some civil matters.
It can be forwarded to where?

A

The Magistrates’ Court in England and Wales can be forwarded to the:
1. Crown Court
Or,
2. High Court

41
Q

The County Court in England and Wales is the trial for most civil cases.
It can be forwarded to where?

A

The County Court in:
1. England
2. Wales
can be forwarded to High Court

42
Q

The Family court in England and Wales is the trial for most family cases.
It can be forwarded to where?

A

The Family court in:
1. England
2. Wales
can be forwarded to High Court

43
Q

The Crown Court in England and Wales is the jury trial for all indictable and some either-way criminal offences.
It hears what?

A

The Crown Court in England and Wales hears appeals against:
1. Convictions
2. Sentences
from the Magistrates’ Court

44
Q

The Crown Court in England and Wales is the jury trial for all indictable and some either-way criminal offences.
It hears appeals against conviction and sentence from the Magistrates’ Court.
It can be forwarded to where?

A

The Crown Court in:
1. England
2. Wales
can be forwarded to Court of Appeal

45
Q

The High Court in England and Wales is the Chancery, Queen’s Bench and Family Divisions.
All 3 divisions hear what?

A

All 3 divisions hear appeals from other courts, as well as ‘first instance’ cases

46
Q

The High Court in England and Wales is the Chancery, Queen’s Bench and Family Divisions.
All 3 divisions hear appeals from other courts, as well as ‘first instance’ cases.
It can be forwarded to where?

A

The High Court in England and Wales can be forwarded to:

  1. Court of Appeal
  2. UK Supreme Court
47
Q

The Court of Appeal in England and Wales is appeal only, on points of law to either the Criminal or Civil Divisions.
It can be forwarded to where?

A

The Court of Appeal in:
1. England
2. Wales
can be forwarded to UK Supreme Court

48
Q

The First-tier Tribunal in England and Wales is appeals from executive agency decisions.
It can be forwarded to where?

A

The First-tier Tribunal in:
1. England
2. Wales
can be forwarded to the Upper Tribunal

49
Q

The Upper Tribunal in England and Wales is appeals from the First-tier Tribunal.
It can be forwarded to where?

A

The Upper Tribunal in:
1. England
2. Wales
can be forwarded to Court of Appeal

50
Q

The Employment Tribunal in England and Wales and Scotland is claims about matters to do with employment
It can be forwarded to where?

A 
The Employment Tribunal in:
1. England
2. Wales
3. Scotland
can be forwarded to Employment Appeal Tribunal
51
Q

The Employment Appeal Tribunal in England and Wales is appeals from the Employment Tribunals
It can be forwarded to where?

A

The Employment Appeal Tribunal in:
1. England
2. Wales
can be forwarded to Court of Appeal

GCSE Citizenship: Rights and responsibilities (41 decks)

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