Court Structure Flashcards
which courts handle criminal cases?
magistrates and crown court
characteristics of the magistrates court.
-95% of court cases are concluded here
-lowest criminal court
-deals with offences that are triable either way or summary
what does triable either way mean? (AKA hybrid offence)
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
what does summary offence mean?
offences that are minor and can be only tried in magistrates e.g. driving wo insurance
who are magistrates?
volunteers that aren’t legally qualified and need to rely on the clerk of the court
what are the powers of the magistrates?
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
characteristics of the crown court.
-its a criminal and appeal court
- jury decides guilt or innocence of the accused
what cases are dealt with at the crown court?
indictable offences(serious)
serious triable either way offences
legal aid and bail applications
appeals
which courts handle civil cases?
county and high court
which type of civil cases are held in the county court?
cases worth 25k or less
what type of cases are heard in the county court?
contract disputes
tort
recovery of land and debts
what is the main high court?
The royal courts of justice
3 divisions of the high court
kings bench division
chancery division
family division
kings bench division
covers dispute related to injury , negligence and breach of contract
chancery division
covers trusts mortgages finance and administration of estates of deceased people
family division
covers international child abduction and forced marriages
what are judges in the high court bound by?
decisions of the supreme court
how many divisions are there in the court of appeal and how many judges sit the case
2 divisions: criminal and civil
3 judges and sometimes 5 on important cases
what does the civil division of the court of appeal do?
hears appeals form lower civil courts
decisions are bound by the supreme court and decisions bind all courts that are inferior
what does the criminal division of the court of appeal do?
hears appeals from the crown court and decisions are bound by the supreme court and decisions bind all courts that are inferior
what did the supreme court replace?
the house of lords in 2009
what is the supreme court?
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
how many judges sit cases at the supreme court?
3 to 7 judges
step 1: civil litigation claim
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.
step 2: civil litigation claim
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.
step 3: civil litigation claim
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.
step 4 :civil litigation claim
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
step 5 :civil litigation claim
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
step 6 :civil litigation claim
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
