Court Systems and Alternative Resolutions

Question 1

What is the Supreme Court?

Answer 1

The final court of appeal for civil and criminal cases, hears cases of public importance, and is the highest court of common law. Replaced the House of Lords in 2009.

Question 2

What are the three divisions in the High Court?

Answer 2

1) The Queens’/Kings’ Bench Division.
2) The Chancery Division.
3) The Family Division.

Question 3

What is the Crown Court?

Answer 3

Hears cases before a judge and jury, judge decides sentence and jury determines guilt (criminal cases).

Question 4

What does the Court of Appeal (Criminal Division) hear?

Answer 4

Appeals from the Magistrates’ Court and the Crown Court.

Question 5

What does the Court of Appeal (Civil Division) hear?

Answer 5

Appeals from the High court and County Court. Also from Tribunals.

Question 6

What is the Magistrates’ Court?

Answer 6

Hear civil and criminal cases, Magistrates’ don’t have to be lawyers but are guided by them. Can also hear from family and domestic proceedings.

Question 7

What is the County Court?

Answer 7

Hears small civil claims and fast-track cases.

Question 8

What is the Judicial Committee to the Privy Council?

Answer 8

The Privy council are advisors to the Monarch. Final court of appeal for certain commonwealth countries but does not hear criminal cases.

Question 9

What are the four implications of the Civil Procedure Act 1997 and the Civil Proceedings Rules 1998?

Answer 9

1) Judicial case management.
2) Pre-action protocols.
3) Alternatives to Court.
4) Allocation to track.

Question 10

What are the nine Alternative Dispute Mechanisms?

Answer 10

1) Arbitration.
2) Early neutral evaluation.
3) Expert determination.
4) Mediation.
5) Conciliation.
5) Med-Arb.
6) Neutral Fact Finding.
7) Ombudsmen.
8) Utility regulators.

Question 11

What are the five advantages of arbitration?

Answer 11

1) Privacy.
2) Informality.
3) Speed.
4) Cost.
5) Expertise.

Question 12

What are the six disadvantages of arbitration?

Answer 12

1) No appeals.
2) Enforcement.
3) Lack of rules of evidence.
4) Lack of consistency.
5) Lack of transparency due to confidentiality.
6) May be inefficient.

Question 13

What are Tribunals?

Answer 13

Judicial bodies that hear specialist cases in law.

Question 14

What were the four recommendations from Sir Andrew Leggat’s Tribunal review?

Answer 14

1) Make one Tribunal system.
2) Ensure Tribunals are independent from their sponsoring departments.
3) Provide a coherent appeal system.
4) Reconsider the position of lay members.

Question 15

What are the five key implications of The Tribunals, Court and Enforcement Act 2007?

Answer 15

1) New unified structure of two Tribunals: First-tier and Upper Tribunals (Employment Tribunal is separate).
2) Coherent appeal system, First-tier Tribunal appeals to Upper Tribunal which appeals to Court of Appeal.
3) Restated role of the Tribunal Service.
4) Senior President of Tribunals represents views to Parliament.
5) No enforcement powers.

Question 16

What are the seven chambers of the First-tier Tribunal?

Answer 16

1) General Regulatory Chamber.
2) Social Entitlement Chamber.
3) Health, Education and Social Care Chamber.
4) Immigration and Asylum Chamber.
5) Land, Property and Housing Chamber.
6) Tax Chamber.
7) War Pensions and Armed Forces Chamber.

Question 17

What are the four appeal chambers in the Upper Tribunal?

Answer 17

1) Administrative Appeals Chamber.
2) Tax and Chancery Chamber.
3) Lands Chamber.
4) Immigration and Asylum Chamber.

Question 18

What are Employment Tribunals?

Answer 18

deal with disputes relating to employment such as redundancy pay, unfair dismissal, and complaints of discrimination and health and safety. Appeal to the Employment Appeal Tribunal.

Question 19

What are the seven advantages of Tribunals?

Answer 19

1) Speed.
2) Cost.
3) Informality.
4) Flexibility.
5) Expertise.
6) Accessibility.
7) Privacy.

Question 20

What are the three disadvantages of Tribunals?

Answer 20

1) Complex appeal procedure.
2) Lack of publicity in cases concerning issues of the public.
3) No public funding (lack of legal representation if a party can’t afford lawyer).

Question 21

What are the four interpretation rules used?

Answer 21

1) Literal rule.
2) Golden Rule.
3) Mischief Rule.
4) Ejusdem Generis Rule.