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introduction to law and practice > Courts Of England And Wales > Flashcards

Courts Of England And Wales Flashcards

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1
Q

Name the courts of first instance

A

County court
Family court
High court

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2
Q

What is the overriding objective to civil procedure rules R1.1

A

Enabling the court to deal with cases justly and proportionate to cost

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3
Q

What is the overriding objective of family procedure rules

A

Enabling the courts to deal with cases justly having regard to any welfare issues involved

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4
Q

When will a claim be heard in the high court instead of county court?

A

Over £100,000
Damage value in PI claim over £50,000
Deformation cases libel and slander

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5
Q

When will a PI claim become fast track?

A

If over £1000.00

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6
Q

Who does Divisional court of high court hear appeals from?

A

Lower courts

Tribunals

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7
Q

Name the 3 divisions of court

A

1st instance
Special courts
Appellant jurisdiction

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8
Q

Under queens bench divisions which cases are heard under first instance

A 
Pi
Negligence 
Breach of contract 
Debt
Possession of land 
Deformation
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9
Q

Under queens bench divisions which cases are heard under special courts

A

Admiralty court
Commercial court
Administrative court
Technology and construction court

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10
Q

Under queens bench divisions which cases are heard under appellant jurisdictions

A

Disputes from lower courts

Judicial reviews

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11
Q

Under chancery divisions which cases are heard under first instance

A

Contentious probate
Trusts
Mortgages

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12
Q

Under chancery divisions which cases are heard under specialist courts

A

Intellectual property ( patents)
Companies court
Bankruptcy court

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13
Q

Under chancery divisions which cases are heard under appellant jurisdictions

A

Appeals from county court on bankruptcy and insolvency

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14
Q

Under family divisions which cases are heard under first instance

A

Wardship
International family disputes
Vulnerable adults

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15
Q

Under family divisions which cases are heard under specialist courts

A

None

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16
Q

Under family divisions which cases are heard under appellant jurisdictions

A

Cases are heard by junior judges in family court

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17
Q

Magistrate court appeals on law are referred to

A

Appeals by way of case stated

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18
Q

Commercial court, technology and contraction court, bankrupt court, companies court and intellectual property court are known under what combination court

A

Business and property courts

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19
Q

Why were Commercial court, technology and contraction court, bankrupt court, companies court and intellectual property combined?

A

Easier name to remember
Judges can be deployed across courts
Complex cases can be dealt with within their region

20
Q

When would a appeal from high court and divisional court of high court go to Supreme Court direct?

A

When there is a point of public importance

21
Q

What kind of appeals do magistrates court deal with?

A

Civil appeals on council tax and unpaid tv license

22
Q

Name 3 offences within criminal courts

A

Summary offence
Either way offence
Indictable only offence

23
Q

When will a case be allocated to summary offence

A

If the offence is minor

24
Q

Name process to allocate an either way offence

A

The case is intermediate level of seriousness

Preliminary hearing in magistrates court

Hearing decides if it stays in magistrates court or goes to crown court

25
Q

Which court will indictable case be allocated to?

A

Always crown court after a preliminary hearing in magistrates court

26
Q

What is the objective of the criminal procedure rules R1.1

A

Criminal cases to be dealt with justly

27
Q

Which European law ensures the right to a free trial?

A

Art 6 European convention on human rights

28
Q

Name 3 circumstances when a magistrates court will hold a preliminary hearing?

A

To decide if an either way offence will go to trial in magistrates court or the crown court

To send an either way offence to the crown court

Sending indictable cases to the court

29
Q

Which act supports sending an either way offence to the crown court and an indictable offence to the crown court

A

S51 crime and disorder act 1989

30
Q

3 facts about youth courts

A

Offenders are between 10 and 17 years of age

Public are not able to attend hearings

Sentences can be delivered for rehabilitation orders, detention, training orders

31
Q

What is the limited sentencing a magistrates court can deliver?

A

6 months

Or
12 months for an either way offence

32
Q

Which act is pending to increase magistrates sentences to 12 months

A

S154 criminal justice act 2003

33
Q

S85 legal aid sentencing and punishment of offenders act 2012 enables what?

A

Offenders to be given an unlimited fine or community service if sentenced within magistrates court

34
Q

Name the 2 different types of appeal in magistrates courts and where are they heard

A

Appeals on points of law go to divisional court of the high courts

Appeals on sentencing go to crown court

35
Q

How many tiers does crown court have?

A

3

Top tiers and lower tiers

36
Q

What is the highest sentence the crown court can deliver?

A

Life imprisonment

37
Q

Where do crown court appeals get heard?

A

Court of appeal

38
Q

If an appeal from the magistrates court is appeals after it has been to the crown court where will the next appeal be heard?

A

Divisional high court of the high court

39
Q

Who hears the appeals in the court of appeals?

A

Master of rolls
Lord Chief Justice
President of family division

40
Q

Which appeals does the Supreme Court hear?

A

Civil and criminal appeals from England and Wales

Civil appeals from Scotland

41
Q

Where are appeals from the Supreme Court heard?

A

Courts of justice of the European Union on law appeals

European convention of human rights go to European court of human rights

42
Q

Who are the criminal case review commission?

A

They were created under criminal appeal act 1995 to deal with cases of miss justice

43
Q

For a case to be appealed under the CCRC which 3 elements are required to investigate a case?

A

New evidence
New legal argument
Exceptional circumstances

44
Q

If the CCRC decides that a case is misjudged under the magistrates court what will happen?

A

The CCRC can make the crown court aquit or reduce the sentence of the offender

45
Q

If the CCRC decides that a case is misjudged under the crown court what will happen?

A

The CCRC will refer their findings to the court of appeal who will make a decision

introduction to law and practice (8 decks)

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