Courts^

Question 1

Hierarchy

Answer 1

Supreme Court
Court of Appeal
High Court
County Court Crown Court
Tribunals Magistrates

Question 2

First Instance

Answer 2

work out the facts
- balance of probabilities (civil)
- trial, witnesses, evidence (crime)
dont create new law
- try to apply similar case decisions
- so different, its appealed to the C of A to create binding precedent

Question 3

Second Instance

Answer 3

appeals, look at decision, not facts
- they have been seen already
decide if the law was applied properly to the facts

Question 4

High Court

Answer 4

criminal appeals in King’s bench
- can create precedent
- binding to lower and HC too

Question 5

Supreme Court

Answer 5

not bound to their own decision
- so law can be ammended/ evolve
- fit in the new times
- Practice Statement 1966
cant be appleled as highest

Question 6

Street Tramways V London County Council

Answer 6

before the Practice Statement
decided they didnt have the power to overturn their own decision
- even if they knew the outdated law will lead to injustice

Question 7

Cookson V Knowles

Answer 7

compensation for wrongful death
how to calculate the money the spouse will get
outdated as doenst take into account of inflation

Question 8

Knaeur V Ministry of Justice

Answer 8

SC updated the way of calculation of spouse death money to be fairer
- important for SC to update their own laws, not because they are wrong, but cause they are outdated

Question 9

In Europe

Answer 9

before Brexit, SC was bound by EU law
- not anymore
EU law is persuasive, so will take it in account, but not bound
ECtHR seperated from the EU, so still bound

Question 10

The Court of Appeal

Answer 10

bound by SC’s decision and own decision
- don’t have to if its ignorant of the law
per incuriam
- decision made in the ignorance of the law