Chapter 2 - The Court System Flashcards
1
Q
What are the learning outcomes of Chapter 2 of ‘English Legal System and Constitutional Law’?
A
By the end of the chapter, you should be able to:
- Explain the structure of the civil and criminal court systems
- Ascertain the relevant court jurisdiction in straightforward cases
- Explain the basic steps involved in civil and criminal cases at first instance
- Explain in outline the circumstances in which it is possible to appeal in civil and criminal cases and the routes of appeal
- Explain the role of personnel within the court system including the judiciary, the legal profession and juries
2
Q
What are some of the questions discussed in Chapter 2 of ‘English Legal System and Constitutional Law’?
A
Chapter 2 discusses these questions and more:
- Have you ever been to court?
- What types of cases are different courts responsible for?
- Do you know how legal disputes are resolved and rights enforced?
- Why is there a need for litigation procedures?
- Can anyone appeal?
3
Q
How many defendants are proceeded against in magistrate’s court each year?
A
Well over a million defendants are proceeded against in magistrate’s court each year.
4
Q
What is the purpose of courts operating throughout England and Wales?
A
Courts operate throughout England and Wales to ensure that justice can be administered locally and that everyone has access.
5
Q
Which entity is responsible for the organization and smooth operation of the courts?
A
The Ministry of Justice is responsible for the organization and smooth operation of the courts.
6
Q
What was the purpose of the Supreme Court of Judicature Acts of 1873 and 1875?
A
The Supreme Court of Judicature Acts 1873 and 1875 were created to replace the separate court systems of equity and common law that had existed up until that point.
7
Q
When did the Supreme Court take over the House of Lord’s judicial functions?
A
The Supreme Court took over the House of Lord’s judicial functions in October 2009. This was a result of the implementation of the Constitutional Reform Act 2005.
8
Q
What is the purpose of the Constitutional Reform Act 2005?
A
The Constitutional Reform Act 2005 establishes a complete separation between the UK’s senior judges and the Upper House of Parliament. It emphasizes the independence of the Law Lords (now the Justices of the Supreme Court) and increases the transparency between Parliament and the courts.
9
Q
When were the Supreme Court of England and Wales renamed the Senior Courts of England and Wales?
A
The Supreme Court of England and Wales were renamed the Senior Courts of England and Wales in October 2009.
10
Q
What changes did the Crime and Courts Act 2013 enact?
A
The Crime and Courts Act 2013 established a single County Court, renaming actual courthouses as hearing centers. This statute also created the Family Court by bringing together the family jurisdiction of the County Court, magistrates’ courts, and the High Court (except certain matters where the High Court has retained jurisdiction).
11
Q
What are the three different ways the courts can be classified?
A
(a) Superior and inferior courts
(b) Criminal and civil courts
(c) Trial and appellate courts
12
Q
Describe the jurisdiction of superior courts?
A
Superior courts have unlimited jurisdiction, both geographically and financially, meaning they can try any claim regardless of where it arises or how much it is worth. They generally try the most important and difficult cases.
13
Q
Describe the jurisdiction of inferior courts?
A
Inferior courts have limited geographical and financial jurisdiction and deal with less important cases.
14
Q
What are the principal objectives of criminal courts?
A
The principal objectives of the criminal courts are to determine guilt or innocence based on criteria set by criminal law and to punish the wrongdoer.
15
Q
What are the principal objectives of civil courts?
A
The principal objectives of civil courts are to resolve disputes between members of society or between the state and individuals and to provide an appropriate remedy to the victim, which is usually compensation.
16
Q
Which courts deal exclusively with either criminal or civil matters?
A
The Crown Court deals almost exclusively with criminal matters, while the County Court deals exclusively with civil matters.
17
Q
What is the function of a trial court?
A
The function of a trial court is to hear a case at first instance, meaning for the first time. They make a ruling on the issues of fact and law that arise in the case.
18
Q
What is the function of an appellate court?
A
The function of an appellate court is to reconsider the application of legal principles to a case that has already been heard by a lower court.
19
Q
Can appellate courts reconsider disputed issues of fact?
A
Yes, some appellate courts can reconsider disputed issues of fact, meaning they can look at disputes about the events that led to the legal action.
20
Q
Can a single case be heard by more than one court before being resolved?
A
Yes, a single case can be heard by more than one court before the issues are resolved. It is possible for a case to begin in the County Court at first instance and conclude in the Supreme Court on appeal.
21
Q
What is the purpose of the appeals process?
A
The appeals process allows for errors of fact, law, or procedure to be corrected and can also assist the sensible development of the law.
22
Q
What is the most inferior exclusively civil court?
A
The County Court is the most inferior exclusively civil court. Magistrate’s courts also have a limited civil jurisdiction, for example in family and licensing matters.
23
Q
Which courts act as appellate courts?
A
The superior courts, such as the High Court, the Court of Appeal, and the Supreme Court, are the appellate courts. The High Court is both a trial and appellate court, and the Crown Court hears appeals from magistrate’s courts, although it’s not classified as an appellate court.
24
Q
When were County courts introduced?
A
County courts were introduced in 1846 to hear claims more quickly and cheaply.
25
How many claims do County Court hearing centers deal with each year?
County Court hearing centers deal with the vast majority of civil claims. Although approximately two million claims are issued every year, this number fell to 1.3 million in 2020 due to the COVID-19 pandemic and only partially recovered to 1.58 million in 2021.
26
Do all civil disputes end up in court?
No, most civil disputes do not end up in court, and those that do don't often go to a full trial.
27
What types of cases are handled in County Court?
The County Court handles a range of cases. Generally, disputes involving up to £100,000 must be commenced in County Court. However, personal injury claims must not be started in the High Court unless the value of the claim is £50,000 or more.
28
When should claims be started in High Court?
Claims should only be started in High Court when the claimant believes it should be dealt with by a High Court judge, for reasons of:
(1) The financial value of the claim and the amount in dispute
(2) The complexity of the facts, legal issues, remedies, or procedures involved
(3) The importance of the claim's outcome to the public in general
29
Can claims be transferred between the High Court and County Court?
Yes, If a claimant starts a claim in High Court, the High Court can order it to be transferred to County Court if appropriate. Likewise, if a claim is started in County Court, the County Court or High Court may order its transfer to the High Court.
30
What changes did the Crime and Courts Act 2013 and the Children and Families Act 2014 enact related to family litigation?
The Crime and Courts Act 2013 and the Children and Families Act 2014 transferred family litigation — the protection of children, divorce petitions, violence remedies, and adoption — out of the mainstream civil courts (and magistrate's courts) to a Family Court. This allowed litigants to use a more open and comprehensible forum for settling disputes.
31
Describe the location and purpose of the Family Court.
The Family Court is a national court with at least one Family Court center in each Designated Family Judge area. The business of the court is conducted at various locations within each area. The aim of the Family Court is to make proceedings cheaper, quicker, and less daunting.
32
Who sits in Family Court?
Those who sit in Family Court include circuit judges, district judges, and magistrates. The list of those who, by virtue of their office, are judges of the Family Court extends to 25 categories of judge and magistrate.
33
What is the civil jurisdiction of the Family Court?
All family cases must be commenced in the Family Court with only a few exceptions, such as cases involving inherent jurisdiction (e.g., wardship) and certain international cases reserved for the Family Division of the High Court. Family Court jurisdiction includes:
* Parental disputes over the upbringing of children
* Local authority intervention to protect children
* Decrees relating to divorce
* Financial support for children after divorce or relationship breakdown
* Some aspects of domestic violence
* Adoption
34
What is the criminal jurisdiction of the Family Court?
The criminal jurisdiction of the Family Court is very limited.
35
Where is the County Court located?
There are currently 188 County Court hearing centers located throughout the country.
36
Who sits in County Court?
Circuit judges and district judges sit in County Court. Candidates for district judge must have been legally qualified for five years, such as barristers and solicitors.
37
Describe the civil jurisdiction of the County Court.
The civil jurisdiction of the County Court includes:
* Contract or tort actions
* Equity jurisdiction, e.g., mortgages
* Probate claims, e.g., disputes over wills
* Recovery of land
* Some family proceedings
* Disputes under the Consumer Credit Act 1974
38
Describe the County Court's jurisdiction over equity claims and probate claims.
The County Court's jurisdiction over equity claims above £350,000 and probate claims above £30,000 must be brought in the High Court.
39
Describe the County Court Money Claims Centre?
If a claim is only for a specified or unspecified amount of money, and special procedures are not required by any legal requirement, the claim form must be sent to the County Court Money Claims Centre. This center was created to deal with online claims, so it does not hear cases. If a case needs a hearing, it will be transferred to another center.
40
What is the Money Claim Online website?
Individuals, businesses, and government departments claiming a fixed amount of money less than £100,000 can issue proceedings via the Money Claim Online (MCOL) website.
41
Does the County Court have criminal jurisdiction?
No, the County Court does not have criminal jurisdiction.
42
Where is the High Court Located?
The High Court sits at the Royal Courts of Justice on the Strand in London ('The Law Courts') and also at district registries around the country, such as Birmingham, Cardiff, and Manchester. District registries are often co-located with County Courts at regional centers.
43
Who sits in the High Court?
Usually, one High Court judge will sit alone. If necessary, a circuit judge, senior QC, Lord Justice, or retired judge may sit instead.
44
Describe the divisions of the High Court?
The High Court is divided into three divisions: King's Bench, Chancery, and Family. Each division has a President, the most senior judge, who is responsible for the administration of the division.
45
Describe the work allocated to the King's Bench Division?
The main types of work allocated to the King's Bench Division are:
* Contract and tort actions
* Criminal appeals
The KBD also has various specialized courts within it, including the Technology and Construction Court and the Administrative Court, which deals with cases of judicial review. The KBD also has some appellate jurisdiction, as the Divisional Court hears appeals by way of a case stated from a magistrate's court.
46
What is the main type of work allocated to the Chancery Division?
The main type of work allocated to the Chancery Division is:
* Disputes over wills and the administration of estates
* Trusts
* Land and mortgage actions
* Company law
* Bankruptcy
47
Describe the specialized courts within the Chancery Division.
The Chancery Division has three specialized courts, including the Court of Protection (for persons under disability). It also has an appellate function, dealing with, for example, land registration appeals from the County Court.
48
Describe the work allocated to the Family Division?
Since the Family Court was created, the Family Division has a reduced workload. It now deals with matters such as wardship and international child abduction.
49
What is the aim of Section 2.5 An Overview of Civil Procedure?
The aim of Section 2.5 is to provide a guide to how civil procedure works. While the details of issuing and pursuing legal proceedings are beyond the scope of this chapter, knowing the steps you would take if you were representing a client in a civil claim will help you understand how the court system operates.
50
What is the online court?
HM Courts & Tribunals Service (HMCTS) has introduced an online court for claims up to £10,000. This is designed to give litigants effective access to justice without having to incur the disproportionate cost of using lawyers.
51
Describe the Online Civil Money Claims service.
The Online Civil Money Claims is a digital service provided by
52
Describe the Online Civil Money Claims service.
The Online Civil Money Claims is a digital service provided by HMCTS that allows members of the public to issue claims online for up to £10,000. Parties can also make and accept offers to settle disputes online.
53
Describe Stage 1 of the civil procedure for a money claim.
**Stage 1: Pre-commencement:** The claimant takes pre-action steps, such as attempting to reach an agreement and settle the dispute without using the courts.
54
Describe Stage 2 of the civil procedure for a money claim.
**Stage 2: Commencement of the proceedings:** The claimant issues proceedings using a claim form. Claims up to £100,000, unless it is a personal injury claim worth more than £50,000, are handled by the County Court. Claims above £100,000 (or £50,000 or above for personal injury) can be handled by either the County Court or the High Court. The King’s Bench Division deals with contract and tort claims and is the busiest. The defendant files a defense.
55
Describe Stage 3 of the civil procedure for a money claim.
**Stage 3: Interim matters:** The court gives directions on how the case is to proceed: disclosure of documents, the exchange of witness statements, and expert reports.
56
Describe Stage 4 of the civil procedure for a money claim.
**Stage 4: Trial:** Approximately 90% of civil cases settle, but those that do not will be decided by a single judge at trial who will listen to the evidence and any legal arguments, apply the law to the facts, and decide whether or not the claimant has proved their claim on the balance of probabilities. A successful claimant will usually receive damages and costs. An unsuccessful claimant will usually be ordered to pay the defendant's costs.
57
Describe Stage 5 of the civil procedure for a money claim.
**Stage 5: Post-trial:** Enforcement of judgment, meaning the steps taken by the winner to get their money. This can involve obtaining a court order to allow court bailiffs to seize and sell the unsuccessful party’s property. Appeal.
58
What is the general rule regarding legal costs?
The general rule is that costs "follow the event," meaning the losing party pays the winning party’s legal costs. For example, if the claimant is successful, the defendant will pay their costs. However, if the defendant successfully defends the claim, they will be able to recover their costs from the claimant.
59
Can a party that wins a case still be responsible for costs?
Yes, even if a party obtains an order for costs against their opponent, they may still have to pay their lawyers the difference between the costs payable from the opponent and the total their lawyers actually charged. This is because there are limits on the amount of costs that can be recovered.
60
When was the new system of civil appeals introduced and what was the aim?
Following the recommendations of Lord Woolf’s report “Access to Justice,” a new system of civil appeals was introduced on May 2, 2000. The aim was to provide a uniform and rationalized system for civil appeals.
61
When will permission to appeal be given?
The Civil Procedure Rules state that permission to appeal will only be given if the court considers that the appeal has a real prospect of success or if there is some other compelling reason why the appeal should be heard. This prevents the system from being inundated with spurious appeals. As a consequence, appeals are generally on points of law and not fact.
62
Describe the difference between points of fact and points of law when it comes to appeals.
* A judge may justifiably reach a number of conclusions based on the factual evidence, depending upon the credibility of the witnesses and other matters. An appeal on the facts will succeed only if the decision is beyond this range of reasonable conclusions. * In contrast, an appeal on a point of law is tantamount to saying that the court got the law wrong, and this is a more straightforward point to argue.
63
Provide an example of the difference between a point of fact and a point of law.
If a claimant is suing a defendant driver for injuries caused by the defendant's negligent driving, and the judge rules in favor of the defendant because the judge believed the defendant's testimony that the accident was caused by the claimant carelessly running in front of the car, this is a point of fact. On the other hand, if the claimant believes the judge misstated the law of negligence in their judgment, this is a point of law.
64
Can the appellant call witnesses in an appeal?
Because a party is appealing on a point of law and not fact, the appellant is not generally allowed to call witnesses to give evidence before the appellate court.
65
Is the High Court a trial court, an appellate court, or both?
The High Court acts as both a trial court and an appellate court.
66
Where are most appeals from the County Court heard?
Most appeals from the County Court are heard in the High Court.
67
Where are most appeals from the Family Court heard?
The majority of appeals relating to decisions of the Family Court are to judges of higher seniority within the Family Court.
68
Where is the Court of Appeal located?
The Court of Appeal usually sits at the Royal Courts of Justice on the Strand in London.
69
How many judges usually sit in the Court of Appeal?
Usually, three judges sit in the Court of Appeal, but sometimes five do. Applications for leave to appeal are usually heard by one judge.
70
Describe the jurisdiction of the Court of Appeal.
The jurisdiction of the Court of Appeal is entirely appellate. It's one court divided into two divisions: the Civil Division and the Criminal Division.
71
Describe the Civil Division of the Court of Appeal.
The Civil Division of the Court of Appeal hears appeals in civil cases from: (i) High Court (ii) County Court (iii) Family Court (iv) Certain tribunals, such as the Competition Appeal Tribunal, Employment Appeal Tribunal, and Upper Tribunal (Immigration and Asylum Chamber).
72
Describe the Criminal Division of the Court of Appeal.
The Criminal Division of the Court of Appeal hears appeals in criminal cases from: (i) Crown Court by the defendant (convictions and sentences) (ii) References by Attorney-General on a point of law or against an unduly lenient sentence (iii) Confiscation orders imposed by the Crown Court (iv) Cases referred by the Criminal Cases Review Commission (v) Applications for leave to appeal to the Supreme Court.
73
Does the Court of Appeal receive evidence from witnesses?
No, the Court of Appeal doesn't receive evidence from witnesses, but it does read documents and hear arguments. The majority decision prevails, so an odd number of judges will normally sit.
74
Where is the Supreme Court located?
The Supreme Court is located in Parliament Square, Westminster, though it very occasionally sits elsewhere, such as Belfast, Cardiff, Edinburgh, and Manchester.
75
Describe who sits in and the jurisdiction of the Supreme Court.
The Supreme Court has 3–11 Justices (but usually five), and its jurisdiction is almost entirely appellate. It is the final court of appeal for England and Wales, but also for Scotland (in civil cases) and Northern Ireland. It also has jurisdiction to hear and determine devolution matters under the Scotland Act 1998, the Northern Ireland Act 1998, and the Government of Wales Act 2006.
76
What are the civil appeals that the Supreme Court hears?
The Supreme Court hears appeals in civil cases from: * Court of Appeal (Civil Division) * High Court (‘leapfrog’ procedure) * Scotland and Northern Ireland.
77
Describe the criminal appeals heard by the Supreme Court.
The Supreme Court hears appeals in criminal cases from: * Court of Appeal (Criminal Division) * QBD (Divisional Court) * Northern Ireland (not Scotland).
78
Describe the procedures of the Supreme Court.
The Supreme Court doesn't receive evidence from witnesses, but it reads documents and hears arguments.
79
What determines the route a civil case will take on appeal?
The route a civil case takes on appeal will depend on: * Whether the proceedings were commenced by the claimant in the High Court or the County Court * The level of judge who made the decision being appealed against.
80
Describe the number of criminal cases handled by magistrates' courts and Crown Courts each year.
In normal times, magistrates’ courts deal with approximately 95% of all criminal trials each year. In 2021, magistrates’ courts received 1.14 million cases. The 84 Crown Court centers in England and Wales normally deal with around 120,000 cases each year, though there was a reduction during the Covid-19 pandemic. Accordingly, Crown Courts received 98,000 cases in 2021.
81
What percentage of defendants who appear in the Crown Court plead guilty?
66% of defendants who appear in Crown Court plead guilty.
82
Where are magistrate's courts located?
There are 148 magistrate's courts located throughout the country.
83
Describe who sits in a magistrate's court.
Magistrates' courts can be presided over by lay magistrates (usually three) who are not legally qualified, or by a sole district judge, who is. Lay magistrates are assisted by the clerk to the justices, who advises them on questions of law, practice, and procedure.
84
Describe the criminal jurisdiction of magistrate's courts.
The criminal jurisdiction of magistrate's courts includes: (a) Issue of summonses and warrants for search or arrest (b) Hearing bail applications (c) Trial of summary offenses (d) Mode of trial procedure to decide whether a case should be tried summarily in magistrate's court or on indictment in Crown Court (e) Youth Courts.
85
Do magistrates' courts have civil jurisdiction?
Yes, magistrates also have limited civil jurisdiction, for example, licensing and certain types of family proceedings, the latter under the auspices of the single Family Court.
86
Where are Crown Courts located?
The Crown Court is one court, but the country is divided into six circuits for administrative convenience, such as Midland and Oxford, Northern, and South-Eastern. The Crown Court sits at 71 centers. The Crown Court for the City of London is called the Central Criminal Court — better known as the “Old Bailey.”
87
Who sits in Crown Court?
Those who sit in Crown Court depends on the gravity and/or nature of the work: * High Court Judge (mainly QBD) * Circuit Judge * Recorder (part-time appointment, e.g., solicitor or barrister of 10 years’ standing) * Magistrates may sit with judges on appeals. A jury is always present for trial.
88
Describe the criminal jurisdiction of the Crown Court.
The criminal jurisdiction of the Crown Court includes: (a) Trials on indictment (with jury) (b) Committals for a sentence from magistrates’ courts where the magistrates’ sentencing powers are inadequate (a maximum of six months’ imprisonment and/or an unlimited fine) (c) Appeals by defendants convicted summarily in magistrates’ courts.
89
Does the Crown Court have civil jurisdiction?
Yes, the Crown Court has very limited civil jurisdiction, such as appeals on licensing from magistrates’ courts.
90
Describe the importance of understanding the classification of criminal offenses.
Understanding the classification of criminal offenses is essential because the procedure differs depending upon the type of offense involved.
91
What are the three categories of criminal offenses?
(a) Summary only offenses, such as driving without insurance or common assault. These are minor offenses and must be dealt with in magistrate's courts. (b) Indictable only offenses, for example, murder or robbery. These are the most serious offenses and can be tried only in the Crown Court. (c) Either way offenses may be dealt with in either court.
92
What types of offenses must be handled by a magistrate's court?
If the offense before the court is a summary only offense, such as careless driving, it must be dealt with by a magistrates’ court.
93
What is the role of magistrates?
At trial, it is the role of the magistrates to adjudicate on matters of fact and law. The vast majority of magistrates are lay people who are not qualified lawyers, though there are some exceptions, namely, professional magistrates who are known as district judges.
94
How do magistrate's courts determine if a defendant is guilty?
To convict a defendant, the magistrates must be satisfied that the prosecution has proved beyond all reasonable doubt that the defendant committed the offense.
95
Describe the roles of judges and juries at trials for indictable only offenses.
Indictable only offenses must be dealt with by the Crown Court. If the defendant pleads not guilty, they will be tried by a judge and jury. However, if convicted, they will be sentenced by the judge.
96
What is the purpose of the jury system?
Nowadays, the jury system provides a safeguard against the abuse of.
97
What must prosecution prove in a criminal case?
The prosecution has proved beyond all reasonable doubt that the defendant committed the offense.
98
What is the purpose of the jury system?
The jury system provides a safeguard against the abuse of judicial power. At trial on indictment, it is for the jury to judge the facts and for the judge to direct the jury on the law.
99
Describe the roles of the judge and jury at trial on indictment.
At a trial on indictment:
* It is for the jury to judge the facts
* It is for the judge to direct the jury on the law
## Footnote
In practice, this means that any legal argument, for example, on the admissibility of evidence, will be heard in the absence of the jury. At the conclusion of the legal argument, the judge will then explain the relevant law to the jury and instruct it to apply this law to the facts of the case when deciding whether or not the defendant has committed the offense.
100
Describe the first Crown Court non-jury criminal trial in England and Wales.
The first Crown Court non-jury criminal trial in England and Wales commenced in January 2010. It related to a robbery from a warehouse at Heathrow airport, which netted £1.75m and only took place after three previous jury trials had failed to reach a verdict. The last of these trials collapsed in 2008 after what the judge referred to as 'a serious attempt at jury tampering.' The four defendants were tried and convicted by the judge alone, who decided on both matters of law and the defendants’ guilt.
101
Describe the procedure for dealing with an offense triable either way.
Offenses that are triable either way may be dealt with in either magistrate's courts or the Crown Court. The magistrate's court acts as a filter through which such cases must pass to ensure that only genuine cases get to the higher court and that prosecutions not backed by enough evidence are stopped.
102
Can a defendant in a criminal case appeal their conviction?
If a defendant in a criminal case is convicted, they may appeal against the conviction. A defendant may also accept the conviction but appeal against the sentence. If a defendant is acquitted, then in certain circumstances, the prosecution may appeal against this decision.
103
Describe the two routes of appeal in criminal cases.
There are two different routes of appeal, depending on whether the defendant’s trial took place in a magistrates’ court or the Crown Court. Depending upon the circumstances, permission will not always be required for a criminal appeal.
104
Describe the difference between civil and criminal appeal systems.
A significant distinction between the criminal and civil systems of appeal is that the right to appeal is more readily available in a criminal than a civil context. Public policy dictates that there should be greater freedom to appeal because of the serious damage to an individual’s reputation if they are convicted of a criminal offense, plus the fact that they may also be deprived of their liberty.
105
Where can a defendant appeal if their trial took place in a magistrate's court?
A defendant has the right to appeal to the Crown Court against their sentence if they pleaded guilty, and against conviction and/or sentence if they pleaded not guilty.
