Courts Of England And Wales

Question 1

Name the courts of first instance

Answer 1

County court
Family court
High court

Question 2

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

Answer 2

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

Question 3

What is the overriding objective of family procedure rules

Answer 3

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

Question 4

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

Answer 4

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

Question 5

When will a PI claim become fast track?

Answer 5

If over £1000.00

Question 6

Who does Divisional court of high court hear appeals from?

Answer 6

Lower courts

Tribunals

Question 7

Name the 3 divisions of court

Answer 7

1st instance
Special courts
Appellant jurisdiction

Question 8

Under queens bench divisions which cases are heard under first instance

Answer 8

Pi
Negligence 
Breach of contract 
Debt
Possession of land 
Deformation

Question 9

Under queens bench divisions which cases are heard under special courts

Answer 9

Admiralty court
Commercial court
Administrative court
Technology and construction court

Question 10

Under queens bench divisions which cases are heard under appellant jurisdictions

Answer 10

Disputes from lower courts

Judicial reviews

Question 11

Under chancery divisions which cases are heard under first instance

Answer 11

Contentious probate
Trusts
Mortgages

Question 12

Under chancery divisions which cases are heard under specialist courts

Answer 12

Intellectual property ( patents)
Companies court
Bankruptcy court

Question 13

Under chancery divisions which cases are heard under appellant jurisdictions

Answer 13

Appeals from county court on bankruptcy and insolvency

Question 14

Under family divisions which cases are heard under first instance

Answer 14

Wardship
International family disputes
Vulnerable adults

Question 15

Under family divisions which cases are heard under specialist courts

Answer 15

None

Question 16

Under family divisions which cases are heard under appellant jurisdictions

Answer 16

Cases are heard by junior judges in family court

Question 17

Magistrate court appeals on law are referred to

Answer 17

Appeals by way of case stated

Question 18

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

Answer 18

Business and property courts

Question 19

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

Answer 19

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

Question 20

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

Answer 20

When there is a point of public importance

Question 21

What kind of appeals do magistrates court deal with?

Answer 21

Civil appeals on council tax and unpaid tv license

Question 22

Name 3 offences within criminal courts

Answer 22

Summary offence
Either way offence
Indictable only offence

Question 23

When will a case be allocated to summary offence

Answer 23

If the offence is minor

Question 24

Name process to allocate an either way offence

Answer 24

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

Question 25

Which court will indictable case be allocated to?

Answer 25

Always crown court after a preliminary hearing in magistrates court

Question 26

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

Answer 26

Criminal cases to be dealt with justly

Question 27

Which European law ensures the right to a free trial?

Answer 27

Art 6 European convention on human rights

Question 28

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

Answer 28

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

Question 29

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

Answer 29

S51 crime and disorder act 1989

Question 30

3 facts about youth courts

Answer 30

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

Question 31

What is the limited sentencing a magistrates court can deliver?

Answer 31

6 months Or 12 months for an either way offence

Question 32

Which act is pending to increase magistrates sentences to 12 months

Answer 32

S154 criminal justice act 2003

Question 33

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

Answer 33

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

Question 34

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

Answer 34

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

Question 35

How many tiers does crown court have?

Answer 35

3 Top tiers and lower tiers

Question 36

What is the highest sentence the crown court can deliver?

Answer 36

Life imprisonment

Question 37

Where do crown court appeals get heard?

Answer 37

Court of appeal

Question 38

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

Answer 38

Divisional high court of the high court

Question 39

Who hears the appeals in the court of appeals?

Answer 39

Master of rolls Lord Chief Justice President of family division

Question 40

Which appeals does the Supreme Court hear?

Answer 40

Civil and criminal appeals from England and Wales Civil appeals from Scotland

Question 41

Where are appeals from the Supreme Court heard?

Answer 41

Courts of justice of the European Union on law appeals European convention of human rights go to European court of human rights

Question 42

Who are the criminal case review commission?

Answer 42

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

Question 43

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

Answer 43

New evidence New legal argument Exceptional circumstances

Question 44

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

Answer 44

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

Question 45

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

Answer 45

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