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LAW PREP > COURT SYSTEM > Flashcards

COURT SYSTEM Flashcards

You may prefer our related Brainscape-certified flashcards:
Civil Procedure 1L flashcards MBE flashcards MPRE flashcards
1
Q

What is the ministry of justice responsible for?

A

The organisation and smooth operation of the courts under the auspices of the HM Courts & Tribunals Service.

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2
Q

What took over the judicial functions of the House of Lords in October 2009?

A

The supreme court.

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3
Q

Superior and… courts
Criminal and… courts
Trial and… courts

A

inferior
civil
appellate

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4
Q

Which court deals almost exclusively with criminal matters?

A

Crown court.

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5
Q

Which court deals only with civil matters?

A

County court.

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6
Q

What is the function of the appellate courts?

A

To reconsider the application of legal principles to a case that has already been heard by a lower court.

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7
Q

What is a ‘general rule’ regarding appellate courts?

A

It is the superior courts that are appellate courts.

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8
Q

What is the most inferior exclusively civil court?

A

County court.

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9
Q

True or false: the high court and supreme court are appellate courts?

A

True.

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10
Q

Proceedings in relation to financial claims must not be started in the high court unless they are…

A

£100,000 or more in value.

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11
Q

Proceedings in relation to personal injury claims must not be started in the high court unless they are…

A

£50,000 or more in value.

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12
Q

What are the 3 divisions of the high court?

A

Queen’s bench, chancery and family.

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13
Q

What is the main type of work that the QBD deals with?

A

Contract and tort actions, criminal appeals, applications to punish contempts committed in inferior courts.

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14
Q

In the event that the judge refuses permission to appeal, what should the appellant do?

A

Make a written request for permission to appeal which will be considered by the Court of Appeal (Civil Division

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15
Q

How many and what are the categories that criminal offences are divided into?

A

3- Summary only offences, Indictable only offences, and Either way offences.

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16
Q

What is a Summary only offence?

A

These are minor criminal offences and must be dealt with in the magistrates’ court. I.e driving without insurance or common assault.

17
Q

What is an Indictable only offence?

A

These are the most serious criminal offences and can be tried only in the Crown Court. I.e murder or robbery.

18
Q

What is an Either way offence?

A

Typically offences that are capable of being more or less serious depending upon the way in which they were committed. I.e theft may involve taking a chocolate bar, or a sophisticated fraud involving millions of pounds. Can be dealt with in either court.

19
Q

Who introduced juries?

A

Henry II

20
Q

What can a defendant in a criminal case appeal against?

A

Conviction and sentence.

21
Q

Why are there fewer restrictions on criminal appeals than civil?

A

Because of the serious damage the person’s reputation if convicted, plus the possible deprivation to their liberty.

22
Q

Where are most criminal cases dealt with?

A

Magistrates court.

23
Q

In addition to the courts, what else affects the law of england and wales?

A

The Privy Council, the European Court of Justice and the European Court of Human Rights.

24
Q

What is the role of the lord chancellor?

A

The Lord Chancellor currently continues to be the government minister responsible for the judiciary and the courts’ system.

25
Q

Who are the Attorney-General and the Solicitor-General?

A

The Attorney-General and the Solicitor-General (who acts as the Attorney-General’s deputy) are the legal advisers to the Crown, and are assisted by junior counsel to the Treasury (who are practising barristers).

26
Q

Who can sit on a jury?

A

Anyone who is on the electoral register and aged between 18 and 70 is qualified to serve on a jury.

27
Q

What is the highest court of appeal in england and wales?

A

Supreme court.

28
Q

What has been described as a ‘search for the truth’?

A

Civil law.

29
Q

In … law, the judge acts as an ‘umpire’ and takes a fairly passive role?

A

Common law.

LAW PREP (3 decks)

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