Court system Flashcards
What are the alternatives to Civil Courts
Mediation / Arbitration / Negotiated Settlement
Name the three divisions of the High Court
Kings Bench = Multi-track claims for all common law civil actions + Admin Court (judicial review)
Chancery = land contracts, trusts and wills
Family Court = adoption, divorce, nullity of marriage, dissolution of civil partnerships
What are judges of the High Court called?
Justices of the High Court or puisne (puny) judges
What is Fast-track
Cases involving amounts of more than 25,000 or which are too complex for fast-track
What claims does the County Court deal with?
Small Claims (10,000 / 1,000 personal injury)
Fast-track (25,000 / 10.000 personal injury)
Multi-track (25,000 - 100,000 / 50,000 personal injury)
What claims does the High Court deal with
Civil Court of first instance = Multi-track cases exceeding 100,000 (or 50,000 for Personal Injury or clinical negligence)
Appeals from County Court (for lower value cases)
Can claims exceeding 100,000 be started in the County Court
Yes, or the High Court
What is mediation
Where parties are guided by a third-party mediator to resolve their dispute by themselves
Where do all criminal cases begin?
In the Magistrates Court
What is arbitration
Where parties appoint a third party arbitrator to adjudicate and decide their dispute
Where are summary offences (less severe offence with no jury) tried ?
Magistrates Court
Where are indictable offences heard?
Crown Court
Where are ‘either way’ offences tried?
Magistrates Court if accused agrees to trial without jury, otherwise, Crown Court
Who adjudicates in the Magistrates Court
Three lay-magistrates or a full-time district judge
Who adjudicates in the High Court
High Court Judges / Deputy High Court Judges
Who adjudicates in a County Court
District Judges / Deputy District Judges / more senior Circuit Judges / recorders
Who adjudicates in the Crown Court
Circuit Judges, Juries, Recorders
Who adjudicates in the Court of Appeal
Court of Appeals Judges
Who adjudicates in the Supreme Court
Justices of the Supreme Court
What is the maximum sentence that a Magistrate can impose?
6 months imprisonment / unlimited fine but not exceeding statute limits
What are juries comprised of?
People aged 18 - 75 who are not vetted except when requested for terrorism cases. Contempt of court for jurors to leak what occurs behind closed-doors
What courts can solicitors appear in
Magistrates Court , County Court and Family Court
