Court Systems Flashcards
Name all the courts in the court system of England.
Magistrates court, crown court, court of appeal criminal division, county court, family court, high court, court of appeal civil division, and the supreme court.
What is arbitration?
The parties refer the dispute to an arbitrator to resolve.
What is mediation?
A trained third party attempts to help the parties negotiate a settlement.
What does jurisdiction mean?
The power of the court to hear a case.
What are the two main types of jurisdiction?
Jurisdiction at first instance and jurisdiction on appeal.
Who hears cases in the magistrates courts?
Justices of the Peace/ Magistrates.
What jurisdiction does the magistrates’ court have?
Criminal jurisdiction: Summary and hybrid offenses, transfer procedures (for indictable offenses that will be tried in the Crown Court), and youth courts.
Civil jurisdiction: licensing issues regarding the sales of alcohol and betting shops as well as enforcing payment of legal requirements such as the TV license.
Who hears in the crown court?
High court judge, circuit judge and recorder.
What jurisdiction does the crown court have?
Criminal jurisdiction: indictable/ hybrid offenses, the sentencing of defendants referred from the magistrates’ court, and appeals from the magistrates’ court and youth court.
Who hears cases in the county court?
Circuit judges and district judges.
What jurisdiction does the county court have?
Exclusively civil:
1) Actions in contract and tort up to the value of £100,000.
2) Personal injury claims up to the value of £50,000.
3) Equity matters such as trusts, mortgages, and the administration of the estate of a deceased person where the amount involved does not exceed £350,000.
4) Bankruptcy and winding up of companies.
5) Small claims procedure where the amount involved does not exceed £10,000.
Who hears cases for the family court?
Lay magistrates, district judges, circuit judges, and high court judges.
What are the three divisions the high court is split into?
Chancery division, King’s bench, and family division.
What jurisdiction does the high court have?
They have criminal and civil jurisdiction at both first instance and appeal level.
What is the administrative court?
It hears administrative law cases and acts as a supervisor of inferior courts and tribunals. For example issues with immigration bodies/ decisions of government ministers.
What does the civil side of the court of appeal listen to?
They hear appeals from the county court and all three branches of the high court. It can also hear certain appeals from tribunals.
What does the criminal side of the court of appeal listen to?
They hear appeals from persons convicted on indictment in the crown court. The convicted person must obtain permission or leave to appeal from the court of appeal.
What does the supreme court do?
This court can be used to appeal against the decision of the court of appeal providing leave of appeal is granted. It generally only hears appeals where a point of law of general public importance is involved.
What is leap frogging?
When the Supreme Court hears appeals directly from the high court in certain circumstances. This will only be available if both parties agree and the court certifies that the case involves a point of law of general public importance.
What are the key changes made by the introduction of the supreme court in 2005?
1) Separation of powers- if they are a supreme court judge they cannot be a member of parliament.
2) They aim to put as much information as possible into the public domain through TV cameras.
What is the European Court of Justice?
After joining the EU the enforcement of EU law is made through this court.
What is the European Court of Human Rights?
This court seeks to enforce the human rights of citizens who live and work in Europe. It has nothing to do with the EU.
What is the Human Rights Act 1998?
It has now been incorporated into UK law and involves the right to a fair trial, the right to freedom of expression and the right to protection of property.
Stretch v UK 2003
Mr Stretch signed a contract for a lease which allowed him to renew the lease for a further 21 years once the original terms expired. However, it was said the council exceeded its powers and so Stretch could not renew his lease. He took this case to the European Courts of human rights and it was held that he would be rewarded remedies but the council could not renew the lease.
What does the claimant bear in civil law?
The claimant bears the burden of proof and must prove liability on the balance of probabilities.
What does the prosecution bear in criminal law?
The prosecution bears the burden of proof and must prove liability beyond a reasonable doubt.
