Dispute Resolution Flashcards
Criminal vs Civil Courts
There are courts that deal with both civil and criminal cases. There are only two courts that are wholly separate. The Crown Court deals solely with criminal cases. The County Court deals solely with civil cases. Magistrates’ Courts deal with both civil and criminal cases, similarly to the Family Court and High Court.
Max sentence
A summary only offence may be tried only in Magistrates’ Court. The maximum sentence that may be imposed in Magistrates’ Court for a single offence is six months’ imprisonment. (Of course, the actual sentence also would be limited by the maximum sentence authorized for the specific crime.)
courts
A subdivision of the King’s Bench Division - the Administrative Court - hears applications for judicial review against decisions made by the government on legal grounds. The Chancery Division hears property disputes. The Commercial Court hears private disputes over contracts involving large sums of money. The County Court hears civil cases but not judicial review cases. The Family Division hears familial disputes.
CA and precedent
The Court of Appeal is bound by its own decisions in civil cases but there are exceptions to this rule. In criminal cases the Court of Appeal has a generous discretion to depart from one of its own decisions where it is convinced that the case was wrongly decided. Decisions of the Supreme Court, however, must be followed.