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Foundations of Law > Court Structures > Flashcards

Court Structures Flashcards

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1
Q

Describe a court.

A

A place where disputes can be mediated by an independent judge, without a connection to the dispute or parties involved.

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2
Q

Describe the aim of the Civil Justice System.

A

To allow people to secure and protect their rights.

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3
Q

Describe the aim of the Criminal Justice System.

A

To secure compliance with the standards of behaviour expected of people as set down by the law.

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4
Q

Describe the purpose of the Civil Justice System.

A

To resolve disputes between parties concerning their rights.

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5
Q

Describe the purpose of the Criminal Justice System.

A

To determine whether the accused has breeched the law and impose punishment for said breeches.

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6
Q

Identify which party has the burden in civil cases.

A

The party bringing the claim.

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7
Q

Identify which party has the burden in criminal cases.

A

The Crown.

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8
Q

Identify the Article and Act which outlines the entitlement to a presumption of innoecence.

A

Art 6 (2) European Convention of Human Rights.

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9
Q

What is the most senior court in the Scottish Civil Justice System.

A

The UK Supreme Court.

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10
Q

Identify the Court which the Sheriffs Court appeals to.

A

The Sheriff Appeals Court.

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11
Q

Identify the court which the Sheriff Appeals Court (Civ) appeals to.

A

The Court of Session Inner House

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12
Q

Identify the court which the Court of Session Outer House appeals to.

A

Court of Session Inner House.

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13
Q

Identify the appeal court for tribunals.

A

Court of Session Inner House.

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14
Q

Identify the lowest court in the Scottish Criminal Court.

A

Justice of the Peace Court.

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15
Q

Identify the court which the Sheriffs Appeals Court (Crim) appeals to.

A

High Court of the Justiciary (Appeals)

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16
Q

Identify the court which the High Court of the Justiciary Appeals to.

A

High Court of the Justiciary (Appeals)

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17
Q

Under which circumstances would an appeal go from the High Court of the Justiciary (Appeals) go to the UK Supreme Court.

A

Concerns;
1. Devolution
2. The ECHR

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18
Q

Which procedure is used by the Justice of the Peace Courts.

A

Summary.

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19
Q

Identify how one would address the Layperson of a Justice of the Peace Court.

A

Your Honour.

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20
Q

What is the sentencing power of the Justice of the Peace Court?

A

60 days imprisonment or £2,500.

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21
Q

How would one address the authority preceding over the Sheriffs Court

A

My Lord/Lady.

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22
Q

How many sheriffdoms are there in Scotland?

A

6.

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23
Q

Who decides whether the court will sit as a solemn or summary procedure.

A

Procurator Fiscal.

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24
Q

Scotland has a right to elect for a jury. True or False.

A

False.

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25
Q

What is the sentencing power of the Sheriffs Court (Solemn)?

A

Max 5 years or unlimited fine.

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26
Q

How many sit on a jury in Scotland.

A

15.

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27
Q

What is the sentencing power of the Sheriffs Court (Summary)

A

1 year imprisonment or £10,000

28
Q

Which Act was the catalyst for significant reform in the Scottish justice system.

A

Courts Reform (Scotland) Act 2005

29
Q

What is the cap for claims in the Sheriffs Court ?

A

£100,000

30
Q

Identify the claims for simple and ordinary procedure.

A

Simple: < £5,000
Ordinary: £5,000 - £100,000

31
Q

Which courts are bound by SAC judgements?

A

SAC, JP and SC.

32
Q

What is the style for judges in the High Court of the Justiciary.

A

Senators of the College of Justice.

33
Q

What is the title of the Head of the High Court of the Justiciary?

A

Lord President.

34
Q

What procedure is used in the High Court of the Justiciary?

A

Solemn.

35
Q

What is the sentencing power of the High Courts of the Justiciary?

A

Life and unlimited fine.

36
Q

What is the term used to describe a court which evaluates its own work.

A

Collegiate.

37
Q

Which court has juristiction of claims worth more than £100,000

A

Court of Session Outer House.

38
Q

What is the judge sitting in the CoS Outer House styled as?

A

Lord Ordinary.

39
Q

Does the CoS Outer House create precedent.

A

No.

40
Q

What are the three first instances courts in the English Civil Justice System?

A

Family Court, County Court and the Magistrate’s Court.

41
Q

Identify the three divisions of the High Court of Justice in England.

A

Family division, Chancellory division and King’s Bench Division.

42
Q

Which court does the High Court of Justice appeal to?

A

Court of Appeals (Civ) (EWCA).

43
Q

What are common cases heard in the County Court?

A

Contract, Tort, Equity and Probate.

44
Q

What Act of Parliament established the Family Court ?

A

Crime and Courts Act 2013.

45
Q

What procedure is used in the Magistrate’s Court.

A

Summary.

46
Q

What is the sentencing power of the magistrates court.

A

1 year imprisonment or an unlimited fine.

47
Q

How is a laymen in a Magistrates Court styled?

A

Your Worship.

48
Q

How many sit on a jury in the Crown Court?

A

12.

49
Q

What is the sentencing power of the Crown Court?

A

Life imprisonment and an unlimited fine.

50
Q

How are judges in the High Court of Justice styled?

A

Mr/Mrs Justice.

51
Q

What is the principle division of the High Court?

A

King’s Bench Division.

52
Q

Which cases (criminal or civil) do the King’s Bench primarily hear?

A

Criminal.

53
Q

What is the title of the Head of the King’s bench division?

A

President of the King’s Bench Division.

54
Q

What is the title of the head of the Chancellory Division.

A

Chancellor of the High Court.

55
Q

What is the title of the Head of the Family Division.

A

President of the Family Division.

56
Q

Which case highlighted the fact the Court of Appeal binds itself and all lower Courts.

A

Young v Bristol Areoplane Co

57
Q

Which Act established the UK Supreme Court.

A

Constitutional Reform Act 2005.

58
Q

How many judges serve the Supreme Court?

A

12.

59
Q

How many judges commonly sit on the bench?

A

5.

60
Q

Which Act allows important cases to skip appeal steps.

A

Administration of Justice Act 1969.

61
Q

In Scottish Civil Courts what is party bringing the Claim referred to as?

A

Pursuer.

62
Q

How are the prosecution addressed in Summary Scottish Criminal Cases ?

A

Procurator Fiscal.

63
Q

How are the prosecution addressed in Summary Scottish Civil Cases ?

A

Solemn.

64
Q

How are those bringing the claim in English Civil Courts addressed?

A

Claimant.

65
Q

How are the prosecutors in English criminal cases addressed?

A

R.

66
Q

Appellants will appear first in case names. (T or F)

A

True.

67
Q

What are the contrasting judgements given in the event of a split decision?

A

Leading and dissenting judgement.

Foundations of Law (7 decks)

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