Court Structure

Question 1

which courts handle criminal cases?

Answer 1

magistrates and crown court

Question 2

characteristics of the magistrates court.

Answer 2

-95% of court cases are concluded here
-lowest criminal court
-deals with offences that are triable either way or summary

Question 3

what does triable either way mean? (AKA hybrid offence)

Answer 3

crimes that may be tries in the magistrates or crown court
they are mid range offences e.g. theft/ burglary

it is brought to magistrates first then they decide what court is suitable for the rest of the trial

Question 4

what does summary offence mean?

Answer 4

offences that are minor and can be only tried in magistrates e.g. driving wo insurance

Question 5

who are magistrates?

Answer 5

volunteers that aren’t legally qualified and need to rely on the clerk of the court

Question 6

what are the powers of the magistrates?

Answer 6

fine and imprison(6 months max or 12 months if more than 1 offence is committed)
give community sentence
issue bans
choose to combine sentences e.g. fine+ community service

Question 7

characteristics of the crown court.

Answer 7

-its a criminal and appeal court
- jury decides guilt or innocence of the accused

Question 8

what cases are dealt with at the crown court?

Answer 8

indictable offences(serious)
serious triable either way offences
legal aid and bail applications
appeals

Question 9

which courts handle civil cases?

Answer 9

county and high court

Question 10

which type of civil cases are held in the county court?

Answer 10

cases worth 25k or less

Question 11

what type of cases are heard in the county court?

Answer 11

contract disputes
tort
recovery of land and debts

Question 12

what is the main high court?

Answer 12

The royal courts of justice

Question 13

3 divisions of the high court

Answer 13

kings bench division
chancery division
family division

Question 14

kings bench division

Answer 14

covers dispute related to injury , negligence and breach of contract

Question 15

chancery division

Answer 15

covers trusts mortgages finance and administration of estates of deceased people

Question 16

family division

Answer 16

covers international child abduction and forced marriages

Question 17

what are judges in the high court bound by?

Answer 17

decisions of the supreme court

Question 18

how many divisions are there in the court of appeal and how many judges sit the case

Answer 18

2 divisions: criminal and civil
3 judges and sometimes 5 on important cases

Question 19

what does the civil division of the court of appeal do?

Answer 19

hears appeals form lower civil courts
decisions are bound by the supreme court and decisions bind all courts that are inferior

Question 20

what does the criminal division of the court of appeal do?

Answer 20

hears appeals from the crown court and decisions are bound by the supreme court and decisions bind all courts that are inferior

Question 21

what did the supreme court replace?

Answer 21

the house of lords in 2009

Question 22

what is the supreme court?

Answer 22

it is the highest appeal court and deals with both civil and criminal cases.

its decisions are binding on all courts but its not bound to follow its own decisions

Question 23

how many judges sit cases at the supreme court?

Answer 23

3 to 7 judges

Question 24

step 1: civil litigation claim

Answer 24

issue a letter of claim:
claimant must send a letter of claim before the claim setting out allegations and the defendant must reply within a reasonable time.

Question 25

step 2: civil litigation claim

Answer 25

issue of claim:
if they fail to settle the issue then the claimant fills a form outlining the details of the claim and then submits the form to the court which processes it.

Question 26

step 3: civil litigation claim

Answer 26

the defendant either accepts or defends the claim

defendant must acknowledge the receipt of the claim form within 14 days and either admits or puts in defence within 28 days.

defence must state which of the allegations of the claim they deny with reasons and which of the allegation they admit to

If the defendant ignores the claim form after 14 days, the claimant can enter judgement against the defendant for the sum in the claim form.

Question 27

step 4 :civil litigation claim

Answer 27

the case is assigned to the relevant track
fast track multi track small track
small :claims up to £10,000
fast: claims from £10,000 to £25,000
multi: claims above £25,000

Question 28

step 5 :civil litigation claim

Answer 28

interloctuory stages:

stages before the pre-trial stages
The judge may give each party directions as to the steps to be taken to prepare for the trial

Question 29

step 6 :civil litigation claim

Answer 29

the trial:

each party presents their legal arguments before the court and a civil case is heard in open court before a judge.

Evidence is either written documents or by witnesses giving oral evidence

The judge decides who wins.

The winner is usually awarded damages(money) or an injunction