Court Structures Flashcards
Describe a court.
A place where disputes can be mediated by an independent judge, without a connection to the dispute or parties involved.
Describe the aim of the Civil Justice System.
To allow people to secure and protect their rights.
Describe the aim of the Criminal Justice System.
To secure compliance with the standards of behaviour expected of people as set down by the law.
Describe the purpose of the Civil Justice System.
To resolve disputes between parties concerning their rights.
Describe the purpose of the Criminal Justice System.
To determine whether the accused has breeched the law and impose punishment for said breeches.
Identify which party has the burden in civil cases.
The party bringing the claim.
Identify which party has the burden in criminal cases.
The Crown.
Identify the Article and Act which outlines the entitlement to a presumption of innoecence.
Art 6 (2) European Convention of Human Rights.
What is the most senior court in the Scottish Civil Justice System.
The UK Supreme Court.
Identify the Court which the Sheriffs Court appeals to.
The Sheriff Appeals Court.
Identify the court which the Sheriff Appeals Court (Civ) appeals to.
The Court of Session Inner House
Identify the court which the Court of Session Outer House appeals to.
Court of Session Inner House.
Identify the appeal court for tribunals.
Court of Session Inner House.
Identify the lowest court in the Scottish Criminal Court.
Justice of the Peace Court.
Identify the court which the Sheriffs Appeals Court (Crim) appeals to.
High Court of the Justiciary (Appeals)
Identify the court which the High Court of the Justiciary Appeals to.
High Court of the Justiciary (Appeals)
Under which circumstances would an appeal go from the High Court of the Justiciary (Appeals) go to the UK Supreme Court.
Concerns;
1. Devolution
2. The ECHR
Which procedure is used by the Justice of the Peace Courts.
Summary.
Identify how one would address the Layperson of a Justice of the Peace Court.
Your Honour.
What is the sentencing power of the Justice of the Peace Court?
60 days imprisonment or £2,500.
How would one address the authority preceding over the Sheriffs Court
My Lord/Lady.
How many sheriffdoms are there in Scotland?
6.
Who decides whether the court will sit as a solemn or summary procedure.
Procurator Fiscal.
Scotland has a right to elect for a jury. True or False.
False.
What is the sentencing power of the Sheriffs Court (Solemn)?
Max 5 years or unlimited fine.
How many sit on a jury in Scotland.
15.
What is the sentencing power of the Sheriffs Court (Summary)
1 year imprisonment or £10,000
Which Act was the catalyst for significant reform in the Scottish justice system.
Courts Reform (Scotland) Act 2005
What is the cap for claims in the Sheriffs Court ?
£100,000
Identify the claims for simple and ordinary procedure.
Simple: < £5,000
Ordinary: £5,000 - £100,000
Which courts are bound by SAC judgements?
SAC, JP and SC.
What is the style for judges in the High Court of the Justiciary.
Senators of the College of Justice.
What is the title of the Head of the High Court of the Justiciary?
Lord President.
What procedure is used in the High Court of the Justiciary?
Solemn.
What is the sentencing power of the High Courts of the Justiciary?
Life and unlimited fine.
What is the term used to describe a court which evaluates its own work.
Collegiate.
Which court has juristiction of claims worth more than £100,000
Court of Session Outer House.
What is the judge sitting in the CoS Outer House styled as?
Lord Ordinary.
Does the CoS Outer House create precedent.
No.
What are the three first instances courts in the English Civil Justice System?
Family Court, County Court and the Magistrate’s Court.
Identify the three divisions of the High Court of Justice in England.
Family division, Chancellory division and King’s Bench Division.
Which court does the High Court of Justice appeal to?
Court of Appeals (Civ) (EWCA).
What are common cases heard in the County Court?
Contract, Tort, Equity and Probate.
What Act of Parliament established the Family Court ?
Crime and Courts Act 2013.
What procedure is used in the Magistrate’s Court.
Summary.
What is the sentencing power of the magistrates court.
1 year imprisonment or an unlimited fine.
How is a laymen in a Magistrates Court styled?
Your Worship.
How many sit on a jury in the Crown Court?
12.
What is the sentencing power of the Crown Court?
Life imprisonment and an unlimited fine.
How are judges in the High Court of Justice styled?
Mr/Mrs Justice.
What is the principle division of the High Court?
King’s Bench Division.
Which cases (criminal or civil) do the King’s Bench primarily hear?
Criminal.
What is the title of the Head of the King’s bench division?
President of the King’s Bench Division.
What is the title of the head of the Chancellory Division.
Chancellor of the High Court.
What is the title of the Head of the Family Division.
President of the Family Division.
Which case highlighted the fact the Court of Appeal binds itself and all lower Courts.
Young v Bristol Areoplane Co
Which Act established the UK Supreme Court.
Constitutional Reform Act 2005.
How many judges serve the Supreme Court?
12.
How many judges commonly sit on the bench?
5.
Which Act allows important cases to skip appeal steps.
Administration of Justice Act 1969.
In Scottish Civil Courts what is party bringing the Claim referred to as?
Pursuer.
How are the prosecution addressed in Summary Scottish Criminal Cases ?
Procurator Fiscal.
How are the prosecution addressed in Summary Scottish Civil Cases ?
Solemn.
How are those bringing the claim in English Civil Courts addressed?
Claimant.
How are the prosecutors in English criminal cases addressed?
R.
Appellants will appear first in case names. (T or F)
True.
What are the contrasting judgements given in the event of a split decision?
Leading and dissenting judgement.
