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English Legal System > Courts Structure And Devo > Flashcards

Courts Structure And Devo Flashcards

1
Q

If uk laws and devolved laws conflict which take priority

A

U.K. laws

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2
Q

What Act joined England and Scotland to form GB and dissolved the English and Scottish parliaments to create U.K. parliament

A

Act of union 1707

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3
Q

Which Acts are the reason why Wales doesn’t have a separate legal system

A

Wales acts 1535 and 1542

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4
Q

When did NI join U.K.

A

1920 after gov of Ireland split country into two

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5
Q

Do all U.K. acts apply to Scotland and NI

A

No if the act doesn’t state the extent it only applies to England and Wales

It must state that it applies to Scotland or NI for this to be the case

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6
Q

What is Scotland’s legal system called

A

Scott’s law

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7
Q

Does NI have a separate legal system

A

Yes so it can pass laws alongside U.K. parliament

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8
Q

NI assembly

A

Created by NI act 1998

Suspended then re entered

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9
Q

Do Scotland and NI have to abide by U.K. acts that apply to them

A

Yes because of parliamentary supremacy

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10
Q

Common law

A

Binding judicial precedent used to interpret legislation

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11
Q

Civil law

A

No binding judicial precedent. Codes used to act as law

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12
Q

Inquisitorial

A

Investigation conducted by judge. Counsel checks they comply with rules

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13
Q

Adversarial

A

Each side presents evidence to judge who checks they abide by rules

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14
Q

What is dual jurisdiction and which courts have it

A

When a court does criminal and civil work

MC, HC, C of A, SC

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15
Q

What are the criminal courts

A

MC, Youth court, Crown court, HC, C of A, SC

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16
Q

What are the civil courts

A

MC, County court, HC, family court, C of A, SC

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17
Q

Who can bring criminal proceedings

A

Usually CPS but anyone can

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18
Q

How is the burden of proof on in criminal cases

A

Prosecution

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19
Q

Who is burden of proof on in civil cases

A

Claimant

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20
Q

Who is the plaintiff

A

Claimant in civil cases pre 1998

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21
Q

What is another name for a court of first instance and what are they concerned with

A

Court of original jurisdiction

Fact finding

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22
Q

Which courts have original and appellant jurisdiction

A

crown court, high court, county court, family court

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23
Q

Types of judges at county court

A

District judge- original jurisdiction

Circuit judge- appellate jurisdiction. Or if case worth £15K+ or of greater importance

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24
Q

What are the senior courts

A

Crown court, high court, court of appeal, Supreme Court, employment tribunal

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25
What are the three division of the high court
QBD Chancery division Family division
26
What does the QBD HC do and who is in charge
Tort, contract, JR (admin) and planning (admin) LCJ assisted by president of QBD
27
What does the family division of HC do and who is in charge
Appeals from family court Some first instance family cases Precedent of family division
28
What does the chancery division of HC do and who is in charge
Companies, IP, trusts, probate Chancellor of high court Cases heard by one specialist judge
29
What are the business and property specialist courts
QBD and chancery division of HC
30
High court and county court have concurrent jurisdiction. What does this mean
You can chose which one to start your cases at
31
What are the divisional courts of high court
Appellate courts of high court 2HC judges but normally 3
32
Who decides a case at the MC and what are they concerned with
2 or 3 lay magistrates or a district Judge | Decide facts and law
33
Where do criminal cases begin
All begin in MC then indictment send to CC
34
What is the youth court and how is it different
``` 10-17 year olds Less formal Restricted public access Restricted media access 3 magistrates with special training ```
35
Which cases go to youth court
All 10-17 year olds regardless of whether summary or indictment Unless Homocide, firearms, violent offence, rape, manslaughter or they are dangerous in opinion of court - sent to CC If life sentence, 10+ years or lengthy imprisonment likely then sent to CC
36
Who decides a case in crown court
Judge and jury
37
Three types of crown court
First tier centres Second tier centres Third tier centres
38
Crown court cases are divided into three classes of seriousness to decide judge. What are they
Class 1 - most serious including murder- high court judge Class 2- circuit judge under authority of presiding judge Class 3- circuit judge or recorder including GBH, burglary and robbery
39
How many judges in court of appeal
1-3
40
When can a criminal case be appeals to court of appeal
Conviction or sentence is unsafe in opinion of C of A
41
Which court hears At-gen reference and what is this
C of A - appeal on point of law. No impact of acquittal
42
Head of civil C of A
Master of Rolls
43
Head of Criminal C of A
LCJ
44
When can a civil case be appealed to C of A
Indictment Lower court errrd in fact, law, extent of discretion Or Unjust due to procedural error
45
Appeal process for summary case
MC- CC for retrial on facts- QBD HC divisional court by way of case stated for point of law- SC Skip C of A Or MC - QBD HC divisional court by way of case states for point of law - SC Or Can ask MC to re open case first
46
Which act established the two tier tribunal system
Tribunals, courts and enforcement Act 2007
47
What are the two tiers of tribunals
First tier and upper tier
48
What is the upper tier tribunal for
Appellant tribunals on point of law
49
Is the upper tribunal bound by HC
No
50
Appeal process for tribunals
FTT- UT- C of A- SC
51
4 chambers of upper tribunal
Administrative Tax and chancery Immigration and asylum Lands
52
What does the privy council do
Heard appeals from commonwealth countries and 4 independent republics
53
Which judges sit in privy council
Same as SC
54
Does the privy council have any appellant capacity in England
No
55
Parties in CJEU
One judge from each MS | Advocates general advise on law
56
Which cases can be appealed to SC
Cases of general public importance
57
How many judges in SC
Normally 5 but up to 12, always odd number
58
Final court of appeal for civil matters in Scotland
SC
59
Final court of appeal for criminal matters Scotland
High court of justiciary
60
Final court of appeal for criminal and civil matters in England and Wales
SC
61
Criteria to determine if more than 5 SC judges
``` Important ECHR point Conflict between H of L, SC, PC Greater public important High constitutional important Asked to depart from previous decisions ```
62
Appeal process for indictment offence
CC - C of A - SC Indictment offence cannot go to divisional court by way of case statement
63
what are the superior courts
supreme court, court of appeal, high court and crown court
64
what are the inferior courts
county court, family court, MC
65
what are the appeal courts
SC, c of A, high court and family court
66
what are the courts of first instance
high court, family court, county court, crown court, MC
67
how much must a claim be worth for it to be started in high court
£100,000 or 50k if personal injury
68
which courts can solicitors appear in
MC and county court
69
how many judges are usually on a c of a case
3
70
how many judges are usually on a SC case
5
71
which courts bind which?
``` ECHR - binding regarding convention CJEU - new rules SC - binds below but not itself C of A - binds below and binds itself HC appeal - binds below and itself HC first instance - binds below but not itself CC, CC, and MC - binds no one family court - HC judge and above binds below and itself. otherwise binds no one ```
72
when will C of A depart from its own previous judgements
2 conflicting C of A cases C of A decision conflicts with SC decision decision was made per incuriam (not considering statute or precedent) it was an interim decision of 2 judges incompatible with ECHR in criminal matters where a decision is obviously wrong and would leave person to remain in gaoal

English Legal System (5 decks)

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