Courts

Question 1

what are the law classification

Answer 1

International
european
national

Question 2

what is national private law? 4

Answer 2

Private, also called as civil, where there is no state involved such as Laws:
Contract
Family
Land
Tort

Question 3

what is national public law? 3

Answer 3

Involves the state
Criminal
Constitutional
Administrative

Question 4

What is the hierarchy of courts? 5

Answer 4

Supreme Court
Court of Appeal appellate
High Court + Divisional Courts

Crown / County Inferior
Magistrates courts

Question 5

what courts hear criminal trials?

Answer 5

Magistrates’ Court and the Crown Court

Question 6

what are the type of cases?

Answer 6

Summary offences- less serious cases -Magistrates court

Either way offences – defendant has choice of court -Magistrates or crown court

Indictable only offences – murder, rape- Crown court

Question 7

what are Summary offences

Answer 7

less serious cases

Magistrates court

Question 8

what are Either way offence

Answer 8

defendant has choice of court

Magistrates or crown court

Question 9

what are indictable only offences

Answer 9

murder, rape

Crown court

Question 10

what are summary trials?

Answer 10

These are the least serious criminal offences and are subdivided into offences of different ‘levels’ – level one being the lowest level and level five the highest.

Question 11

what is a guilty plea?

Answer 11

someone accepting wrong doing

Question 12

How to deal with triable either way offences?

Answer 12

Triable can be either indictable or summary

1) Plea before venue
2) Mode Trial- if not pleaded guilty to see what else be done
3) Defendant´s election
Choosing Trial by Jury

Question 13

How do you send cases to crown court?

Answer 13

For indictable offences the case is transferred to the Crown Court immediately from the first hearing at the Magistrates’ Court.

Question 14

what is committal for sentence?

Answer 14

This is when the magistrate believes that the offence by a defended needed a more severe penalty and transfers the defendant to the crown court.

Question 15

what does the clerk do in the magistrate court?

Answer 15

They are normally a barrister or a solicitor thats been at least five years’ standing. The role of the clerk is to guide the magistrates on questions of law, practice and procedure.

Question 16

what can clerks not do in courts?

Answer 16

Decide the outcome of the case or give any input for the decisions that are made.

Question 17

what is a youth court?

Answer 17

Is a special type of magistrates court for children from 10-17

Question 18

what happens in a youth court?

Answer 18

Children under the age of 10 cannot be charged with a criminal offence.

There are some exceptional cases; murder or manslaughter, rape, and causing death by dangerous driving.

In addition it is possible for those aged 14 and over to be sent to he Crown Court for trial in any case where they are charged with a serious offence (usually one which for an adult carries a maximum prison sentence of at least 14 years).

Question 19

what happens in a crown court?

Answer 19

Sentencing decisions transferred from the Magistrates’Court.

Either-way offences transferred from the Magistrates’Court.

Indictable-only offences such as murder, manslaughter, rape and robbery.

Question 20

what happens in the court of appeal?

Answer 20

A defendant can go for appeal in the court of appeal

Where the previous decision was made per incuriam (carelessly or by mistake

Question 21

what is the Supreme Court?

Answer 21

The House of Lords was the most senior court in England and Wales. Decisions made here bind all the courts below it.

(Practice Statement 1966)

The House of Lords is bound to follow the decisions of the European Court of Justice if a case involves European Union law.

Question 22

how can you go to supreme courts?

Answer 22

You can appeal to go to Supreme Court from the court of appeal and around 10 cases are seen in a year

Question 23

what is the magistrate court?

Answer 23

Civil magistrates – usually same building as Criminal magistrates

Make decisions regarding:
Granting licenses under various Betting and Gaming laws

Enforcing Council Tax demands and issuing rights of entry warrants for gas and electricity authorities

Family cases including orders for protection against violence and maintenance orders
Proceedings concerning the welfare of children

Question 24

what is the high court? what are the divisions?

Answer 24

Has three specialist courts:
Queens Bench (70 judges, contract, tort)

Chancery (17 judges, mortgages, copyright)

Family (17 judges, marriage, children)

Question 25

where does the court of appeal hear from?

Answer 25

All three Divisions of the High Court

County Court multi-track cases,

Question 26

where does the Supreme Court hear from?

Answer 26

Hears from court of appeal

Divisional courts