Court Structure, Hierarchy, and Rights of Audience Flashcards
What are the two main courts in the civil system that deal with cases on a first instance?
County Court and the High Court
In a civil claim, if a claimant is not expected to recieve more than 100k, what court would the claimant go to?
The County Court
In a civil claim for personal injury, if a claimant is not expected to receive more than 50k, what court would the claimant go to?
The County Court
What judges preside over the County Court?
Circuit Judges or more senior District Judges.
What are the three subdivisions of the county court?
- Small claims track
- Fast track
- Intermediate track
Civil cases involving not more than 10k are assigned to which court?
The County Court to the Small Claims Track.
Civil personal injury cases involving not more than 1k are assigned to which court?
The County Court to the Small Claims Track.
Civil cases involving not more than 25k are assigned to which court?
The County Court to the fast track
Civil personal injury cases involving not more than 10k are assigned to which court?
The County Court to the fast track
Civil cases involving more than 25k (but not more than 100k) or that are too complex for the fast track are assigned to which court?
The county court intermediate track
What court do civil cases go to if its a complex case involving more than 100k?
The High Court
What court do personal injury civil cases go to if its a complex case involving more than 50k?
High Court
If a case is worth more than 100k where does it go?
The High Court - Multi Track
What are the three divisions of the High Court?
King’s Bench, Chancery and Family divisions
Which court acts as an appellate court for lower value cases?
The High Court
Can the High Court hear both Civil and Criminal cases?
Yes, the high court can hear criminal case appeals.
What Court deals with multi-track claims for all common civil law actions?
The High Court, Kings Bench Division.
What types of cases are designated to the Kings Bench Division?
Where the claim value exceeds 50k for personal Injury cases and clinical negligence, and 100k for all other types of claims.
What is the administrative court?
This is contained within the High Court, Kings Bench Division. This court deals with applications for judicial review against decisions made by the government on legal grounds.
What court deals with land contracts, trusts and wills?
The Chancery division of the High Court.
What court deals with family proceedings, adoption, complex divorce, nullity of marriage, and dissolution of civil partnerships?
The Family Division of the High Court
What are alternatives to the civil courts?
mediation, arbitration, negotiated settlement.
What is the difference between mediation and arbitration?
In arbitration, the third party is called to decide on the dispute. The arbitrator will make a decision which is called an award, this is enforceable in the courts. This is not the case with mediation.
What happens during a negotiated settlement?
During a negotiated settlement, there is no third party involved. The parties negotiate with each other and decide on the settlement.
This should be the first consideration for solicitors.
Where do all criminal cases begin?
The Magistrates Court
Where are summary offences tried?
Magistrates court
Where are indictable offences tried?
The Crown court
Where are either way offences tried?
The magistrates court IF the defendant agrees to be tried without a jury and the magistrates agree with accept jurisdiction. Otherwise they will be transferred to the Crown Court.
Is there a jury in the magistrates?
No
In which court will a summary only offence be heard?
Magistrates court
What is the maximum sentence that a Magistrates Court can impose?
6 months
What type of offence is ABH or theft?
An either way offence. This can be heard either in the magistrates or the crown court.
What is the maximum sentence the court can impose for ABH?
6 months in the magistrates and 5 years in the crown court
What is the maximum sentence the court can impose for theft?
6 months in the magistrates court ot 7 years in the crown court
What is the maximum sentence for indictable only offences? and which court are these heard in?
Life maximum, in the crown court
What is the maximum fine the magistrates court can impose?
There is no maximum fine
Does a solicitor have an automatic right to appear in any court?
No, a solicitor has the right to appear in any lower court (Magistrates, county court and family court).
Solicitors have no automatic right to appear in the Crown court, high court, court of appeal or the supreme court.
They need to apply to do so with the SRA.
