Courts Flashcards
What are the two classifications of courts in the UK?
- Criminal and Civil courts
- Trial and appellate courts
Criminal Courts
determine the guilt or innocence of defendants according to the parameters of the criminal law and dispense punishment to convicted offenders.
Civil Courts
primarily deal with the resolution of disputes between individuals and award appropriate remedies to successful claimants. these remedies are normally in the form of monetary damages
What tpye of court is the Crown court?
exclusively criminal matters
what type of court is the county court
exclusively a civil court
Trial Court
hears cases at ‘first instance’ This refers to the first time that a case is heard in court, before any appeals. they consider the matters of fact and law in the case and make an appropriate ruling.
appellate courts
consider the application of legal principles to a case that has already been heard at first instance. Some appellate courts also have jurisdiction to reconsider disputed issues of a fact.
Court of Appeal
the highest of the senior courts including the high court and the crown court). Does not hear witness byt considers legal argument
Supreme Court
final court of appeal for al UK civil and criminal cases. 12 judges with a president and Deputy President (Justices of the supreme court). they do not hear from witness rather legal argument and documentary evidence
Court of Appeal (Civil Division)
deals with appeals from the three division of the High Court, the county court and certain tribunals.
Court of Appeal (criminal division)
has an entirely appellate jurisdiction and mainly deals with appeals from the Crown Court against conviction, sentence, or a finding of fact.
High Court
is one court divided into three division for administrative purposes.
The Queens bench division
hears criminal appeals from magistrates court by way of case states and from the Crown Court sitting without a jury.
Judicial Review
the procedure by which, on the apllication of an individual, the courts may determine whether a public body has acted lawfully.
Chancery division
deals with buisnesss and propety-related disputes
Family division
has inherent jurisdictions to deal with cases where a child who is the sbject of legal proceedings must be protected.
Crown court
The Crown Court is the criminal court of first instance in England and Wales responsible for hearing all indictable offences, some either way offences and appeals of the decisions of magistrates’ courts. It is one of three Senior Courts of England and Wales.
County Court
deals with all but the most cimplicated civil law matters.
Family Court
has jurisdction in all family proceedings
Magistrates Court
all criminal proceedings being in the magistratrtes court and well over 90 percent end there.
In England and Wales, a magistrates’ court is a lower court which hears matters relating to summary offences and some triable either-way matters. Some civil law issues are also decided here, notably family proceedings.
The Judicial Committee of the Privy Council
the court of final appeal for the UK overseas territories and Crown dependencies.
Tribunals
An alternate to traditional courts
The European Court of Human Rights
established in 1959 as a final avenue of complaint for claimants who had exhausted the remedies available the them in their domestic courts for alleges breaches of convention rights.
