COURT SYSTEM Flashcards
What is the ministry of justice responsible for?
The organisation and smooth operation of the courts under the auspices of the HM Courts & Tribunals Service.
What took over the judicial functions of the House of Lords in October 2009?
The supreme court.
Superior and… courts
Criminal and… courts
Trial and… courts
inferior
civil
appellate
Which court deals almost exclusively with criminal matters?
Crown court.
Which court deals only with civil matters?
County court.
What is the function of the appellate courts?
To reconsider the application of legal principles to a case that has already been heard by a lower court.
What is a ‘general rule’ regarding appellate courts?
It is the superior courts that are appellate courts.
What is the most inferior exclusively civil court?
County court.
True or false: the high court and supreme court are appellate courts?
True.
Proceedings in relation to financial claims must not be started in the high court unless they are…
£100,000 or more in value.
Proceedings in relation to personal injury claims must not be started in the high court unless they are…
£50,000 or more in value.
What are the 3 divisions of the high court?
Queen’s bench, chancery and family.
What is the main type of work that the QBD deals with?
Contract and tort actions, criminal appeals, applications to punish contempts committed in inferior courts.
In the event that the judge refuses permission to appeal, what should the appellant do?
Make a written request for permission to appeal which will be considered by the Court of Appeal (Civil Division
How many and what are the categories that criminal offences are divided into?
3- Summary only offences, Indictable only offences, and Either way offences.
What is a Summary only offence?
These are minor criminal offences and must be dealt with in the magistrates’ court. I.e driving without insurance or common assault.
What is an Indictable only offence?
These are the most serious criminal offences and can be tried only in the Crown Court. I.e murder or robbery.
What is an Either way offence?
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.
Who introduced juries?
Henry II
What can a defendant in a criminal case appeal against?
Conviction and sentence.
Why are there fewer restrictions on criminal appeals than civil?
Because of the serious damage the person’s reputation if convicted, plus the possible deprivation to their liberty.
Where are most criminal cases dealt with?
Magistrates court.
In addition to the courts, what else affects the law of england and wales?
The Privy Council, the European Court of Justice and the European Court of Human Rights.
What is the role of the lord chancellor?
The Lord Chancellor currently continues to be the government minister responsible for the judiciary and the courts’ system.
