Court Structure

Question 1

What does Jurisdiction mean?

Answer 1

The Power that a court or judge has to hear a case

Question 2

What are cases of first instance?

Answer 2

Courts that hear cases of first instance are said to have trial jurisdiction

Question 3

What are appeal cases?

Answer 3

Courts that hear appeals are described as having appellate jurisdiction

Question 4

What is the key function of a court in the first instance?

Answer 4

Determine the facts of the case and reach a decision on how the relevant law apply to the facts

Question 5

If a party disagrees with how the law has been applied or interpreted what can they do

Answer 5

Appeal the decision of the court of first instance

Question 6

What does an appellate court consider?

Answer 6

Questions of Law

Question 7

Who are the 4 senior courts?

Answer 7

Crown Court
High Court
Court of Appeal
Supreme Court

Question 8

What does the Supreme Court do?

Answer 8

Highest appeal court on criminal and civil cases in UK.
Hears cases involving a point of law that involves public importance
Appellate jurisdiction only

Question 9

What does the Court of Justice of Europeon Union deal with

Answer 9

Cases concerning the interpretation of compliance with European Law

Question 10

What does the European of Court of Human Rights do?

Answer 10

Cases involving the interpretation or application of the European Convention on Human Rights

Question 11

What two divisions is the COA split into and what does it hear?

Answer 11

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

Question 12

What three divisions are in the High Court?

Answer 12

Kings Bench Division
Chancery Division
Family Division

Question 13

What does the KB division, chancery division and family division hear?

Answer 13

Wide range of civil cases

Question 14

When should a case be commenced in the County Court?

Answer 14

Value less than £100,000
Or £50,000 for PI cases

Question 15

When can a C chose to commence proceedings in the KBD, Chancery Division or County Court

Answer 15

Value more than £100,000
More than £50,000 for PI cases

Question 16

When should a case almost always he be heard in the High Court

Answer 16

Complex Facts
Public Interest
C believes suitable

Question 17

What does concurrent jurisdiction mean?

Answer 17

C can chose whether to commence case in High Court or County Court

Question 18

What does the Kings Bench Division hear?

Answer 18

Most varied jurisdiction
Contract & Tort disputes that are complex or high value

Question 19

When a court sits as a divisional court of the KBD what can it hear?

Answer 19

Criminal appeals from Mags court & crown court

Judicial Review Hearings

Question 20

What does the Chancery Division hear?

Answer 20

Wide range of civil cases

Usually business or property disputes that are complex or substantial value

Question 21

What does the Family Division hear?

Answer 21

Complex family law cases
International child abduction cases
Inherent jurisdiction
Some appeals from the family court

Question 22

What does the family court hear?

Answer 22

Divorce
Childcare arrangements
Adoption
Care proceedings

Court of first instance for most family cases.
Allocated by gatekeepers to appropriate judge

Question 23

What does the County Court hear?

Answer 23

Wide range of civil cases
Court of first instance
Less complex & value

Question 24

What are tribunals?

Answer 24

Specialists bodies that adjudicate disputes in specialist areas of law

Question 25

What three courts are collectively known as the civil courts?

Answer 25

High Court
County Court
Family Court

Question 26

When deciding if if the Mags has jurisdiction to hear a triable either way offence what things will it consider?

Answer 26

Seriousness
Prior convictions
If they have sentencing powers sufficient for the offence

Question 27

What civil matters can the magistrates court deal with?

Answer 27

Licensing Applications
Appeals on issuing Pub & Restaurant licences

Question 28

What age does the Youth Court deal with?

Answer 28

10-17 year olds

Question 29

What cases do a Youth Court hear?

Answer 29

Generally all criminal cases unless they are v serious and attract a lengthy custodial sentence

Question 30

When a party bears the responsibility for proving a case on the balance of probabilities what must they show?

Answer 30

What they claim to have occurred is more likely than not.
Most likely sure.
Over 50%

Question 31

Do defendants have to prove innocence in civil or criminal cases?

Answer 31

No

Question 32

What two courts are solely appellate courts?

Answer 32

Supreme Court & COA

Question 33

Where cases have a value of over £100,000 (£50,000 for PI) cases what can the claimant do?

Answer 33

Chose to commence the proceedings in the :- High Court in the

KBD/CD or County Court

Question 34

What is the body of rules that govern the administration and management of civil cases?

Answer 34

Civil Procedure Rules 1998

Question 35

What two tiers do the tribunals fall in?

Answer 35

First Tier Tribunal (court of first instance) & Second Tier Tribunal (appeals from 1st tier tribunal)

Question 36

What do tribunals hear?

Answer 36

Wide range of cases
Employment
Immigration
Asylum
Tax
Social entitlement
Property matters

Question 37

Is a crown court a court of first instance?

Answer 37

Yes

Question 38

What are the Mags sentencing powers?

Answer 38

6 months
(12 months if more than one TEW)

Question 39

What is three offences that the youth court will not deal with and the case be sent to the crown court?

Answer 39

Murder
Rape
Firearm offences