Court system Flashcards
What are the 4 basic levels in the English legal system?
-Supreme court
-Appeals court
-crowns court, the high court (family, queens’ bench, chancery)
-magistrates court, county court
What is the court hierarchy?
County and magistrates courts deal with less severe criminal and civil cases. The crown deals with more severe criminal cases and the high court deals with civil issues, appeals court deals with both civil and criminal. The supreme court which is above all of them
What criminal and civil courts are courts of first instance?
the two courts that hear cases at first instance (courts that hear cases in full for the first time) are county and magistrate courts.
What is the judiciary?
they are a central part of the legal system, lawyers/barristers can decide to become judges if they have the right legal qualifications and enough experience.
What is a magistrates court?
Cases in magistrate court are minor criminal offences and cannot offer sentences over 6 months (12 if the individual has committed multiple offences). Magistrates do not require any legal qualifications, but legally qualified clerks advise on sentencing, laws, and procedures.
What are the 3 types of criminal offences?
Indictable offences: Prosecution of these offences must be in the Crown Court. They are the most serious offences such as murder, manslaughter, rape, and robbery.
Summary offences: Prosecution of these offences must be in the Magistrates’ Court. These are minor offences and have all been created by statute, and cover crimes such as driving without insurance; careless driving; and using threatening, abusive, or insulting words and behaviour.
Offences triable either way: Prosecution of these offences may either be in a Magistrates’ Court or the Crown Court. These are the mid-range offences such as theft and burglary. The seriousness of a case will depend on its facts, for example, the offence of theft may be committed by theft of £500,000 from an employer where the employee held a position of trust or minor where an individual stole a £30 jacket from a shop.
What is the crown court?
The Crown Court also known as the central criminal court has criminal authority to hear prosecutions of all indictable offences and offences triable either way sent from the Magistrates’ Court. A judge and jury of 12 ordinary people usually hear the trial. The judge advises the jury on the law while the jury must come up with a guilty or non-guilty verdict for the defendant.
What is county court?
The County Court deals with a wide range of civil cases including matters involving contracts, tort, landlord and tenant, mortgages, wills, trusts, bankruptcies, insolvency, and divorce. Generally non-personal injury claims worth up to £100,000 and personal injury claims where the claimant expects to receive compensation of less than £50,000 are heard in the County Court.
What is the high court?
The work of the court is civil and is handled by three divisions: the Chancery Division; the Queen’s Bench Division; and the Family Division. Each division has a senior judge at its head and a few High Court judges. Each of the three divisions of the High Court has a Divisional Court where usually two judges sit to hear appeal cases.
What is the chancery division?
The Chancery Division deals with matters relating to trusts, mortgages, finance, administration of estates of deceased persons, company law, partnerships, and bankruptcies. There are three specialist courts within the Chancery Division, one of which is the Bankruptcy and Companies Court.
What is the family division?
This division deals with complex matrimonial and family issues such as wardship and international child abduction. Many family issues are heard in the Family Court.
What is the queen’s bench division?
The major part of the work of the Queen’s Bench Division (QBD) is dealing with contract and tort cases that are unsuitable to be heard in the County Court.
What is the appeals court?
It has two divisions criminal and civil, The Civil Division hears civil cases on appeal either from the High Court or the County Court. The Criminal Division hears criminal cases on appeal from the Crown Court. Cases are usually heard before three judges, although five judges may sit on particularly important cases. Decisions are by the majority.
What is the supreme court?
The Supreme Court is the highest appeal court in England and Wales and plays a significant role in the development of English law. It was established by the Constitutional Reform Act of 2005, the Supreme Court is the final court of appeal for all civil and criminal matters in England and Wales and Northern Ireland, and for all civil matters in Scotland. Cases heard by the Supreme Court involve points of law of public or constitutional importance.
What is a leapfrog in court structure?
When you bypass the court of appeals and go directly to the supreme this was established by the Administration of Justice Act (1969)
both parties must agree to it
high court judge must agree that the case involves the law of public importance.
supreme court grants permission
