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The Legal System > Courts > Flashcards

Courts Flashcards

1
Q

What is the lowest court?

A

The Magistrates Court

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2
Q

Who staffs a Magistrates court?

A

3 volunteers (magistrates) or a District Judge

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3
Q

What cases does a Magistrates court hear?

A

They hear both criminal and civil cases.

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4
Q

What offences does the Magistrates court deal with?

A

They often deal with summary offences.

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5
Q

What is a summary offence?

A

Summary offences are those with a maximum penalty of £5000 or six months.

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6
Q

What are either way offences?

A

Either way offences are those that could be too serious or too minor, depending on the nature of the case itself.

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7
Q

Where can civil cases be resolved before going to a Magistrates court?

A

They can be resolved via ADRs instead of taken to court.

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8
Q

What happens if a criminal case is too serious for the Magistrates court to deal with?

A

Some criminal cases are trialed at Magistrates before deciding it is too serious to continue there, it is then passed to a Crown court.

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9
Q

What cases does a County court deal with?

A

County courts deal with civil cases.

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10
Q

What cases does a Crown court deal with?

A

Crown courts deal with criminal cases.

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11
Q

What are the three divisions a County court divides cases between?

A

County courts will divide cases between small claims, fast track and multi track.

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12
Q

What is a small claim?

A

Claims upto £5000

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13
Q

What is a fast track?

A

Claims upto £15000

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14
Q

What is a multi track?

A

Claims over £15000

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15
Q

What are the major criminal and civil courts?

A

The Crown and County courts.

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16
Q

Who runs a trial in a Crown and County court?

A

They will generally have one or multiple judges running the trial.

17
Q

Do Crown and County courts have a jury?

A

Yes, they often do.

18
Q

What do Crown courts do?

A

They hear appeals from the Magistrates court, sentence criminals and hold trials themselves.

19
Q

What divisions is the High court split into?

A

It is split into, Queens Bench, Chancery, Family Courts.

20
Q

Where else do High court judges sit?

A

They also sit in the Crown court.

21
Q

What cases does the High court mainly deal with?

A

Most High courts deal with civil law only.

22
Q

What section of the High court can deal with criminal appeals?

A

A small section of the Queens Bench, the administrative section, can occasionally hear criminal appeals but they tend to skip to the court of appeal.

23
Q

What court hears appeals from lower courts?

A

The Court of Appeal.

24
Q

How many judges does the Court of Appeal have?

A

38 judges.

25
Q

What is the reason for the Court of Appeal?

A

It hears appeals where the law may have been applied unfairly or a procedural error has occurred.

26
Q

What is the major appeal court?

A

The Court of Appeal

27
Q

Who appeals to the CoA in criminal cases?

A

It will be the defence appealing over the verdict.

28
Q

Who appeals to the CoA in civil cases?

A

It can be either party, the one that feels hard done by usually appeals it.

29
Q

What is the highest court?

A

The Supreme court

30
Q

What was the Supreme court previously called?

A

It was called the House of Lords until 2005.

31
Q

Why does the Supreme court exist?

A

This court exists as the final and ultimate court in this country.

32
Q

What court has all authority over lower courts?

A

The Supreme court.

33
Q

Can appeals go further than the Supreme court?

A

No

34
Q

Strengths of Civil courts

A
  1. Legal expertise
  2. Reasons for decisions
  3. Availability of legal funding
  4. Availability of remedies
  5. Guaranteed outcome
  6. Legally binding decisions
  7. Appeals
35
Q

Weaknesses of Civil courts

A
  1. Lack of technical knowledge
  2. Slow process
  3. Lack of flexibility
  4. Need for lawyers
  5. Cost if not small claims track
  6. Adversarial process
  7. Publicity
36
Q

Strengths of Tribunals

A
  1. Legal expertise
  2. Reasons for decisions
  3. Availability of remedies
  4. Guaranteed outcome
  5. Legally binding decisions
  6. Appeals
  7. Cost
  8. Informality & Flexibility
  9. Speed
  10. Freeing up court time
37
Q

Weaknesses of Tribunals

A
  1. Influence of chair
  2. Lack of availability of public funding
  3. Inconsistencies in decisions
  4. Publicity
  5. Formality
  6. Adversarial process
38
Q

Define Tribunals

A

Forums used instead of a court for deciding certain types of disputes, less formal than courts

39
Q

What is the role of tribunals?

A

It enforces rights which have been granted through social and welfare legislation.

The Legal System (5 decks)

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