Court Structure Flashcards
What does Jurisdiction mean?
The Power that a court or judge has to hear a case
What are cases of first instance?
Courts that hear cases of first instance are said to have trial jurisdiction
What are appeal cases?
Courts that hear appeals are described as having appellate jurisdiction
What is the key function of a court in the first instance?
Determine the facts of the case and reach a decision on how the relevant law apply to the facts
If a party disagrees with how the law has been applied or interpreted what can they do
Appeal the decision of the court of first instance
What does an appellate court consider?
Questions of Law
Who are the 4 senior courts?
Crown Court
High Court
Court of Appeal
Supreme Court
What does the Supreme Court do?
Highest appeal court on criminal and civil cases in UK.
Hears cases involving a point of law that involves public importance
Appellate jurisdiction only
What does the Court of Justice of Europeon Union deal with
Cases concerning the interpretation of compliance with European Law
What does the European of Court of Human Rights do?
Cases involving the interpretation or application of the European Convention on Human Rights
What two divisions is the COA split into and what does it hear?
Appeals on civil cases in the civil division
Appeals on criminal cases in the criminal division
Only hears appeal cases on a Q of law
What three divisions are in the High Court?
Kings Bench Division
Chancery Division
Family Division
What does the KB division, chancery division and family division hear?
Wide range of civil cases
When should a case be commenced in the County Court?
Value less than £100,000
Or £50,000 for PI cases
When can a C chose to commence proceedings in the KBD, Chancery Division or County Court
Value more than £100,000
More than £50,000 for PI cases
When should a case almost always he be heard in the High Court
Complex Facts
Public Interest
C believes suitable
What does concurrent jurisdiction mean?
C can chose whether to commence case in High Court or County Court
What does the Kings Bench Division hear?
Most varied jurisdiction
Contract & Tort disputes that are complex or high value
When a court sits as a divisional court of the KBD what can it hear?
Criminal appeals from Mags court & crown court
Judicial Review Hearings
What does the Chancery Division hear?
Wide range of civil cases
Usually business or property disputes that are complex or substantial value
What does the Family Division hear?
Complex family law cases
International child abduction cases
Inherent jurisdiction
Some appeals from the family court
What does the family court hear?
Divorce
Childcare arrangements
Adoption
Care proceedings
Court of first instance for most family cases.
Allocated by gatekeepers to appropriate judge
What does the County Court hear?
Wide range of civil cases
Court of first instance
Less complex & value
What are tribunals?
Specialists bodies that adjudicate disputes in specialist areas of law
What three courts are collectively known as the civil courts?
High Court
County Court
Family Court
When deciding if if the Mags has jurisdiction to hear a triable either way offence what things will it consider?
Seriousness
Prior convictions
If they have sentencing powers sufficient for the offence
What civil matters can the magistrates court deal with?
Licensing Applications
Appeals on issuing Pub & Restaurant licences
What age does the Youth Court deal with?
10-17 year olds
What cases do a Youth Court hear?
Generally all criminal cases unless they are v serious and attract a lengthy custodial sentence
When a party bears the responsibility for proving a case on the balance of probabilities what must they show?
What they claim to have occurred is more likely than not.
Most likely sure.
Over 50%
Do defendants have to prove innocence in civil or criminal cases?
No
What two courts are solely appellate courts?
Supreme Court & COA
Where cases have a value of over £100,000 (£50,000 for PI) cases what can the claimant do?
Chose to commence the proceedings in the :- High Court in the
KBD/CD or County Court
What is the body of rules that govern the administration and management of civil cases?
Civil Procedure Rules 1998
What two tiers do the tribunals fall in?
First Tier Tribunal (court of first instance) & Second Tier Tribunal (appeals from 1st tier tribunal)
What do tribunals hear?
Wide range of cases
Employment
Immigration
Asylum
Tax
Social entitlement
Property matters
Is a crown court a court of first instance?
Yes
What are the Mags sentencing powers?
6 months
(12 months if more than one TEW)
What is three offences that the youth court will not deal with and the case be sent to the crown court?
Murder
Rape
Firearm offences
