Chapter 2: How the legal systems differ within the UK Flashcards
In Scotland, how many levels of courts are there?
In Scotland, there are 4 levels of courts:
- Justices of the peace
- Sheriff and summary
- Sheriff and jury
- The High Court
In Scotland, the first court level is Justices of the peace.
Justices of the peace act in a similar fashion to the what system in England and Wales?
Justices of the peace act in a similar fashion to the Magistrates’ Court system in:
- England
- Wales
In Scotland, the second court level is Sheriff and summary.
In Sheriff and summary, the sheriff (judge) does what?
In Sheriff and summary, the sheriff (judge) determines: 1. Guilt Or, 2. Innocence ,as well as presiding over the trial
In Scotland, the third court level is Sheriff and jury.
In Sheriff and jury, cases are heard by who?
In Sheriff and jury, cases are heard by:
- The sheriff (judge)
- A jury of 15 jurors (members of the public)
In Scotland, the fourth court level is the High Court.
The High Court deals with what?
The High Court deals with the most serious cases
In civil law, who is the case brought by?
In civil law, the case is brought by: 1. An individual 2. Group Or, 3. Organisation
In criminal law, who is the case brought by?
In criminal law, the case is brought by the CPS on behalf of the state
In civil law, what is the decision?
In civil law, the decision is the defendant found: 1. Liable Or, 2. Not liable in regard to the issue
In criminal law, what is the decision?
In criminal law, the decision is the defendant is:
1. Convicted if guilty
Or,
2. Acquitted if not guilty
Acquitted
Acquitted is to free (someone) from a criminal charge by a verdict of not guilty
In civil law, what is the proof required?
In civil law, the proof required is preponderance of evidence
In criminal law, what is the proof required?
In criminal law, the proof required is beyond reasonable doubt
In civil law, what is the burden of proof?
In civil law, the burden of proof is that the claimant must give proof of the claim
In criminal law, what is the burden of proof?
In criminal law, the burden of proof is that the accused is innocent until proven guilty
In civil law, what is the punishment?
In civil law, the punishment is: 1. Damages 2. Compensation Or, 2. An injunction
An injunction
An injunction is an order to stop taking an action
In criminal law, what is the punishment if found guilty?
In criminal law, the punishment is a: 1. Non-custodial Or, 2. Custodial sentence if found guilty
In civil law, describe appeals
In civil law, either party can appeal a court’s decision
In criminal law, describe appeals
In criminal law, the defendant may appeal a court’s verdict in regard to either the:
1. Verdict
Or,
2. Sentence
In Scotland, there are 4 levels of courts: Justices of the peace, Sheriff and summary, Sheriff and jury and the High Court.
What also is there, in Scotland?
In Scotland, there is also the Court of Sessions
In Scotland, there are 4 levels of courts: Justices of the peace, Sheriff and summary, Sheriff and jury and the High Court.
In Scotland, there is also the Court of Sessions, which is the highest court, dealing with civil law cases.
What was established in 2015?
In 2015, the Sheriff Appeal Court was established
What does Northern Ireland have?
Northern Ireland has its own judicial system
Northern Ireland has its own judicial system, which is headed by the Lord Chief Justice of Northern Ireland.
What is responsible for the administration of the courts?
The Department of Justice is responsible for the administration of the courts
Examples of Northern Irelands Court’s are what?
Examples of Northern Irelands Court’s are the:
- UK Supreme Court
- Coroners’ Courts
- Enforcements of Judgments Office
Northern Ireland Court structure:
Describe the UK Supreme Court
The UK Supreme Court hears appeals on points of law in cases of major public importance
Northern Ireland Court structure:
Describe the Court of Appeal
The Court of Appeal hears appeals on points of law in:
- Criminal
- Civil cases from all courts
Northern Ireland Court structure:
Describe the Crown Court
The Crown Court hears all serious criminal cases
Northern Ireland Court structure: Describe the Coroners’ Courts
The Coroners’ Courts investigate unexplained deaths
Northern Ireland Court structure: Describe the Enforcement of Judgments Office
The Enforcement of Judgments Office enforces civil judgments
In Scotland, the second court level is Sheriff and summary.
In Sheriff and summary, the sheriff (judge) determines guilt or innocence, as well as presiding over the trial.
They can impose a what?
The sheriff (judge) can impose a:
- Custodial sentence of up to 1 year
- Fine of up to £10,000
In Scotland, the third court level is Sheriff and jury.
In Sheriff and jury, cases are heard by the sheriff (judge) and a jury of 15 jurors (members of the public).
A Sheriff Court can impose what?
A Sheriff Court can impose a custodial sentence of up to 5 years
In Scotland, the fourth court level is the High Court.
The High Court deals with the most serious cases, such as what?
The High Court deals with the most serious cases, such as:
- Murder
- Rape
- Armed robbery
In Scotland, the fourth court level is the High Court.
The High Court deals with the most serious cases, such as murder, rape and armed robbery.
Cases are presided over by who?
Cases are presided over by a single judge
In Scotland, the fourth court level is the High Court.
The High Court deals with the most serious cases, such as murder, rape and armed robbery.
Cases are presided over by a single judge and tried by who?
Cases are:
- Presided over by a single judge
- Tried by a jury of 15 people
In criminal law, the decision is the defendant is convicted if guilty, or acquitted if not guilty.
It is decided by who?
It is decided by:
1. A jury
Or,
2. Magistrates
In civil law, the proof required is preponderance of evidence.
The evidence must be produced to what?
The evidence must be produced to support the claim
In criminal law, the burden of proof is that the accused is innocent until proven guilty.
The prosecution must do what?
The prosecution must prove their case
In criminal law, the burden of proof is that the accused is innocent until proven guilty.
The prosecution must prove their case and the accused does not have to do what?
The:
- Prosecution must prove their case
- Accused does not have to prove their innocence
In criminal law, the defendant may appeal a court’s verdict in regard to either the verdict, or the sentence.
It is now possible for the state to ask for what?
It is now possible for the state to ask for the sentence to be reviewed
In Scotland, there are 4 levels of courts: Justices of the peace, Sheriff and summary, Sheriff and jury and the High Court.
In Scotland, there is also the Court of Sessions, which is what?
In Scotland, there is also the Court of Sessions, which is the highest court
In Scotland, there are 4 levels of courts: Justices of the peace, Sheriff and summary, Sheriff and jury and the High Court.
In Scotland, there is also the Court of Sessions, which is the highest court, dealing with what?
In Scotland, there is also the Court of Sessions, which is the highest court, dealing with civil law cases
In Scotland, there are 4 levels of courts: Justices of the peace, Sheriff and summary, Sheriff and jury and the High Court.
In Scotland, there is also the Court of Sessions, which is the highest court, dealing with civil law cases.
In 2015, the Sheriff Appeal Court was established to do what?
In 2015, the Sheriff Appeal Court was established to hear appeals from the:
1. Sheriff
2. Justice of the Peace
Courts
In Scotland, there are 4 levels of courts: Justices of the peace, Sheriff and summary, Sheriff and jury and the High Court.
In Scotland, there is also the Court of Sessions, which is the highest court, dealing with civil law cases.
In 2015, the Sheriff Appeal Court was established to hear appeals from the Sheriff and Justice of the Peace Courts.
The hearings take place before who?
The hearings take place before: 1. 2 Or, 2. 3 appeal sheriffs
In Scotland, there are 4 levels of courts: Justices of the peace, Sheriff and summary, Sheriff and jury and the High Court.
In Scotland, there is also the Court of Sessions, which is the highest court, dealing with civil law cases.
In 2015, the Sheriff Appeal Court was established to hear appeals from the Sheriff and Justice of the Peace Courts.
The hearings take place before 2, or 3 appeal sheriffs.
In 2016, it is expected to deal with what as well?
In 2016, the Court of Sessions is expected to deal with civil case appeals as well
Northern Ireland has its own judicial system, which is headed by who?
Northern Ireland has its own judicial system, which is headed by the Lord Chief Justice of Northern Ireland
