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English Legal System > Courts Structure And Devo > Flashcards

Courts Structure And Devo Flashcards

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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
Q

What are the three division of the high court

A

QBD
Chancery division
Family division

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26
Q

What does the QBD HC do and who is in charge

A

Tort, contract, JR (admin) and planning (admin)

LCJ assisted by president of QBD

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27
Q

What does the family division of HC do and who is in charge

A

Appeals from family court

Some first instance family cases

Precedent of family division

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28
Q

What does the chancery division of HC do and who is in charge

A

Companies, IP, trusts, probate

Chancellor of high court

Cases heard by one specialist judge

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29
Q

What are the business and property specialist courts

A

QBD and chancery division of HC

30
Q

High court and county court have concurrent jurisdiction. What does this mean

A

You can chose which one to start your cases at

31
Q

What are the divisional courts of high court

A

Appellate courts of high court

2HC judges but normally 3

32
Q

Who decides a case at the MC and what are they concerned with

A

2 or 3 lay magistrates or a district Judge

Decide facts and law

33
Q

Where do criminal cases begin

A

All begin in MC then indictment send to CC

34
Q

What is the youth court and how is it different

A 
10-17 year olds
Less formal 
Restricted public access 
Restricted media access 
3 magistrates with special training
35
Q

Which cases go to youth court

A

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
Q

Who decides a case in crown court

A

Judge and jury

37
Q

Three types of crown court

A

First tier centres
Second tier centres
Third tier centres

38
Q

Crown court cases are divided into three classes of seriousness to decide judge. What are they

A

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
Q

How many judges in court of appeal

A

1-3

40
Q

When can a criminal case be appeals to court of appeal

A

Conviction or sentence is unsafe in opinion of C of A

41
Q

Which court hears At-gen reference and what is this

A

C of A - appeal on point of law. No impact of acquittal

42
Q

Head of civil C of A

A

Master of Rolls

43
Q

Head of Criminal C of A

A

LCJ

44
Q

When can a civil case be appealed to C of A

A

Indictment
Lower court errrd in fact, law, extent of discretion
Or
Unjust due to procedural error

45
Q

Appeal process for summary case

A

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
Q

Which act established the two tier tribunal system

A

Tribunals, courts and enforcement Act 2007

47
Q

What are the two tiers of tribunals

A

First tier and upper tier

48
Q

What is the upper tier tribunal for

A

Appellant tribunals on point of law

49
Q

Is the upper tribunal bound by HC

A

No

50
Q

Appeal process for tribunals

A

FTT- UT- C of A- SC

51
Q

4 chambers of upper tribunal

A

Administrative
Tax and chancery
Immigration and asylum
Lands

52
Q

What does the privy council do

A

Heard appeals from commonwealth countries and 4 independent republics

53
Q

Which judges sit in privy council

A

Same as SC

54
Q

Does the privy council have any appellant capacity in England

A

No

55
Q

Parties in CJEU

A

One judge from each MS

Advocates general advise on law

56
Q

Which cases can be appealed to SC

A

Cases of general public importance

57
Q

How many judges in SC

A

Normally 5 but up to 12, always odd number

58
Q

Final court of appeal for civil matters in Scotland

A

SC

59
Q

Final court of appeal for criminal matters Scotland

A

High court of justiciary

60
Q

Final court of appeal for criminal and civil matters in England and Wales

A

SC

61
Q

Criteria to determine if more than 5 SC judges

A 
Important ECHR point 
Conflict between H of L, SC, PC
Greater public important 
High constitutional important 
Asked to depart from previous decisions
62
Q

Appeal process for indictment offence

A

CC - C of A - SC

Indictment offence cannot go to divisional court by way of case statement

63
Q

what are the superior courts

A

supreme court, court of appeal, high court and crown court

64
Q

what are the inferior courts

A

county court, family court, MC

65
Q

what are the appeal courts

A

SC, c of A, high court and family court

66
Q

what are the courts of first instance

A

high court, family court, county court, crown court, MC

67
Q

how much must a claim be worth for it to be started in high court

A

£100,000 or 50k if personal injury

68
Q

which courts can solicitors appear in

A

MC and county court

69
Q

how many judges are usually on a c of a case

A

3

70
Q

how many judges are usually on a SC case

A

5

71
Q

which courts bind which?

A 
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
Q

when will C of A depart from its own previous judgements

A

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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