Brainscape's Knowledge GenomeTM


Top Flashcards (Certified)
All Flashcards

Legal System of England and Wales > Chp1 - Court structure of England and Wales > Flashcards

Chp1 - Court structure of England and Wales Flashcards

1
Q

Senior Judge

A

have judicial and administrative roles

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

Inferior Judge

A

All other judges - some are higher if their powers are not defined by statute

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

Judicial hierarchy

A

Ranks members of judiciary by powers/ responsibilities of each judicial office/ post.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

Lord Chief Justice

A

Court of Appeal (criminal) - senior

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

President of Supreme Court

A

Supreme Court & Privy Council - senior

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

Master of the rolls

A

Court of Appeal (civil) - senior

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

Justice of the Supreme Court

A

Supreme Court & Privy Council

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

President of the KBD, Chancery, Family

A

High court - judicial powers not restricted by statute

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

Lord Justices of Appeal

A

Court of Appeal - judicial powers not restricted by statute

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

High Court Judge

A

High Court, Family Court, Crown Court - judicial powers not restricted by statute

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

Circuit judge

A

County Court, Crown Court, Family Court - powers restricted by statute

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

District judge

A

County Court, High Court, Family Court - powers restricted by statute

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

District judge (Magistrates’ court)

A

magistrates, family - powers restricted by statute

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

Recorder

A

County Court, Crown Court, Family Court - powers restricted by statute

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

Civil standard of proof

A

On the claimant - on the balance of probabilities

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

Criminal standard of proof

A

On the claimant - beyond reasonable doubt

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
17
Q

Role of the court of first instance

A

determine facts - apply law

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
18
Q

Senior Courts

A

Crown Court
High Court
Court of Appeal
Supreme Court

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
19
Q

Court hierarchy

A

Some courts must follow the decision of other courts

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
20
Q

Which courts have parallel jurisdiction to hear cases?

A

Crown Court and High Court

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
21
Q

Value of claim in County Court

A

> £100,000 (less £50k PI cases)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
22
Q

Value of claim in King’s Bench, chancery or County Court

A

<£100,000 (more £50k PI cases)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
23
Q

When will a case go to High Court and NOT County Court

A

More complex facts
Outcome of public interest
C believes High Court is correct - application.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
24
Q

King’s Bench Division

A

contract/ tort
specialist:
* Administrative Court
* Admiralty Court
* Commercial Court
* Circuit Commercial Courts
* Technology and Construction Court.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
25
Chancery Division
business/ property/ probate/ trusts - large sums of money specialist: * Business and Property Court * Patents Court * Intellectual Property Enterprise Court.
26
Family Division
- Complex family law - International child abduction cases - Complex cases transferred from family court - Appellate court of the family court - INTERNATIONAL / INHERENT JURISDICTION (need to keep child safe)
27
Family Court
- Divorce/ nullity - Financial/ childcare - Adoption - Gatekeepers allocate cases - FAMILY MATTERS IN THE FIRST INSTANCE UNLESS INTERNATIONAL/ INHERENT JURISDICTION
28
County Court
- Civil - Less complex / lower money than high court - LESS THAN £100,000 - Personal Injury - less than £50,000
29
Tribunals
Disputes in specialist areas of law less strict 2 tier system - first instance and upper = appeals
30
Crown Court
First instance Indictable offences More serious triable either way (theft - value and circumstances of the case) Juries
31
Magistrates' Court
First instance Procedural hearings e.g bail Summary offences - no jury Triable either way (lower level) D can insist on trial by jury in crown court - accept/ reject offer from Magistrates. Sentencing powers: 6 months, 12 months for multiple CIVIL JURISDICITON: Licensing applications .g pub
32
Youth Court
10 - 17 years old ONLY serious, custodial sentence cases will be heard in Crown.
33
Basis of Criminal Appeals
1. conviction/ sentence 2. court acted in excess / misapplied law a) by way of case stated b) judicial review c) referred by the criminal cases review commission (miscarriage of justice)
34
Appeal conviction/ sentence (Magistrates)
magistrates - heard by crown court (re- hearing) CC confirm or make own decision Prosecutor cannot appeal guilty plea - only appeal on sentence
35
What happens with an appeal conviction/ sentence (Crown Court)
Permission to appeal dismissed - original decision stands appeal success - verdict confirmed/ overturned/ sentence reduced.
36
What does the court look at for a conviction appeal?
safe or unsafe
37
What circumstances give rise to an 'unsafe' conviction?
summing up error (judge explanation to jury) procedural irregularity error by defence legal rep fresh evidence
38
Prosecution rules of appeal - conviction/ sentence basis (Crown Court)
cannot appeal if D acquitted by jury appeal on judge rulings (terminatory/ evidential) appeal to C of A convicted - can appeal against lenient sentences for serious offences (AG must consent)
39
What is an appeal by way of case stated?
lower court incorrectly interpreted or applied law/ acted in excess of powers decision wrong in law
40
Who can appeal by way of case stated?
Either party
41
High Court appeal success powers
reverse, affirm or amend OR send back to magistrates’
42
What is the preferred appeal route in criminal cases?
Appeals by way of case stated
43
What courts can you appeal to for an appeal by way of case stated
Divisional Court - King’s Bench - High Court crown court (if from magistrates)
44
Who can apply for judicial a review?
either party
45
what courts can you apply to for judicial review?
High Court - administrative division - King’s Bench.
46
What kind of matter is judicial review treated as?
civil
47
What is the legal basis of judicial review appeals?
acted unreasonably, ultra vires, irrationally (applied law in an impermissible manner - so unreasonable/ so illogical) .
48
What appeals are referred by the criminal cases review commission
miscarriage of justice
49
What courts can you apply to for miscarriage of justice?
- Crown court (if heard in magistrates) - Court of appeal (if heard in crowns court)
50
When does real possibility apply?
When there is an appeal by or has come from he criminal cases review commission
51
What does 'real possibility mean'?
Conviction/ verdict/ sentence would not be upheld were reference to be made (would have changed the outcome of the case).
52
What party can make a civil appeal?
Either party
53
On what basis can a civil appeal be made?
Prospect of success Compelling reason (why someone acted)
54
What cases will go to C of A / Supreme Court?
cases that raise important issues of public importance - question of law
55
What is key about criminal appeals from the high court?
No criminal appeals to the court of appeal from high court ONLY supreme court
56
Civil appeals from High Court
permission must be granted by C of A matter of general importance leapfrog procedure
57
What is leapfrog procedure? What are the conditions?
Civil appeal goes from High Court to Supreme Court - national importance - result of particular significance - Benefits of SC consideration outright benefits of consideration by C of A (final say)
58
When can an appeal go from the court of appeal to supreme court?
C of A must agree the case raises a public / constitutional importance of law
59
What is a higher rights of audience?
advocacy rights to advocate on behalf of there client in senior courts.
60
When can a solicitor have higher rights of audience?
Need training to advocate in the higher courts. Separate awards for criminal and civil assessments - SRA
61
When does a barrister of higher rights of audience
Can advocate in all courts when called to the bar
62
What is the general rule for appeals in a civil case?
heard by the next judge in the hierarchy not the next court

Legal System of England and Wales (8 decks)

Brainscape helps you reach your goals faster, through stronger study habits.
© 2025 Bold Learning Solutions. Terms and Conditions