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Courts & Trials Flashcards

Courts, Trials, Judicial Precedent

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1
Q

Which courts are the criminal courts of trial?

A

Magistrates’ & the Crown Court

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2
Q

In criminal trials who is the burden of proof on?

A

The prosecution

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3
Q

In civil trials who is the burden of proof on?

A

The claimant

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4
Q

How many people are in a jury?

A

12

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5
Q

How are the courts divided?

A

Into superior and inferior courts

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6
Q

What makes a court superior?

A

Unlimited jurisdiction

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7
Q

What makes a court inferior?

A

Limited jurisdiction

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8
Q

On what date was the House of Lords replaced with the Supreme Court?

A

1st October 2009

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9
Q

Who presides over Magistrates’ courts?

A

Justices of the Peace

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10
Q

What is a summary offence?

A

A minor/petty, non-indictable offence

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11
Q

Where are summary offences tried?

A

In a magistrates’ court

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12
Q

Where are indictable offences tried?

A

the Crown Court

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13
Q

What creates a summary offence?

A

Statutes

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14
Q

What is the oldest court in England?

A

the coroner’s court

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15
Q

When can the coroner’s court be traced back to?

A

1194

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16
Q

What is a coroner and what do they do?

A

A coroner is a presiding judge in the coroner’s court, and they investigate sudden, unexplained deaths

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17
Q

What are the 3 divisions of the High Court?

A

King’s Bench Division, Chancery Division, Family Division

18
Q

What is a divisional court?

A

A court which consists of 2 or more judges

19
Q

Which Act brought about the creation of the Supreme Court?

A

the Constitutional Reform Act 2005

20
Q

Why was the Supreme Court created?

A

1) there was previously no separation of legislative or judicial functions, 2) this lack of separation gave the appearance that the HoL was not independent, and therefore didn’t comply with Article 6 of the ECHR, the right to a fair trial

21
Q

What is the ‘leapfrog procedure’?

A

The procedure for appealing directly to the Supreme Court from the High Court or a Divisional Court, bypassing the Court of Appeal

22
Q

What is the Court of Justice of the European Union (CJEU) composed of?

A

1 judge from each Member State, with a number of Advocates General

23
Q

What does the European Court of Human Rights have jurisdiction over?

A

All cases involving the interpretation and application of the Convention for the Protection of Human Rights and Fundamental Freedoms (1950)

24
Q

What is the composition of the European Court of Human Rights (ECHR)?

A

47 judges with a judge from each Contracting State

25
Q

What is an adversarial process?

A

The process is not intended to find the truth, but to test the strength of the case against the accused

26
Q

What is the function of the Ministry of Justice?

A

It is responsible for: policy in relation to the criminal, civil, family, and administrative justice system, sentencing policy, probation and prisons, the courts and tribunals, legal aid, constitutional reform, and it sponsors the Law Commission, and supports the judiciary,

27
Q

What is the function of the Crown Prosecution Service (CPS)?

A

…

28
Q

What is the function of the Law Commission?

A

To review the law, the codification of English law, the elimination of legal anomalies, the repeat of obsolete and unnecessary law, reducing the number of separate enactments, simplifying and modernising the law

29
Q

What are the divisions of the High Court

A

King’s Bench Division, Chancery Division, Family Division

30
Q

What is an appeal by way of case stated?

A

When either party is dissatisfied on a point of law with a decision from the Crown Court, the Crown Court may ‘state a case’ for the opinion of the Queen’s Bench

31
Q

What are the rules of natural justice?

A

i) the rule against bias (‘no man may be a judge in his own case’), ii) audi alteram partem (hear the other side)

32
Q

What are the prerogative orders that can be exercised by the King’s Bench

A

i) mandamus, ii) prohibition, iii) certiorari

33
Q

What is a mandamus order?

A

an order from the King’s Bench commanding a person or body to perform a duty imposed by common law or statute

34
Q

What is a prohibition order?

A

an order from the King’s Bench to prohibit an inferior court or tribunal from continuing to exceed, or threatening to exceed, its jurisdiction

35
Q

What is a certiorari order?

A

an order removing the decision of an inferior judicial body into the King’s Bench Division to have its legality inquired into

36
Q

What can a certiorari order be used for?

A

i) secure an impartial trial, ii) review an excess of jurisdiction, iii) challenge an ultra vires act, iv) to quash a judicial decision made contrary to natural justice, v) correct errors of law on the face of the record

37
Q

Give some advantages of tribunals

A

i) decisions are quick; ii) procedure is cheap; iii) informal atmosphere suits litigants; iv) wide discretionary power; v) often staffed by experts; vi) ensure efficient administration of statute policy

38
Q

Give some disadvantages of tribunals

A

i) held in private and lack publicity; ii) parties may be prohibited from being represented by lawyers; iii) ratio decidendi isn’t always published; iv) experts cannot always be impartial; v) sometimes include civil servants from the Ministry directly involved, who cannot be impartial; vi) rights of appeal can be limited; vii) wide discretion can make decisions inconsistent and unpredictable

39
Q

Give some examples of tribunals

A

social security, industrial injuries, employment, rent, domestic (trade unions, solicitors, doctors and other medical practitioners)

40
Q

What is the primary task of the courts?

A

to search for and give effect to the intention of Parliament

41
Q

Why aren’t decisions made by the Privy Council binding on English courts?

A

Because the Privy Council hears appeals from dominions outside the UK, where the law may be different to English law

42
Q

What is prospective overruling?

A

…

Law (6 decks)

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