English Legal System Flashcards
What are the 3 divisions of the high court?
Queen’s Bench, Chancery and Family divisions
What happens at the end of a hearing in the county court or high Court?
Judge decides:
1. Liability
2. Compensation payable
3. Any other remedy
4. Who pays costs
What does the chancery division of the high Court deal with?
- Disputes over property, business or land where more than £100k is in issue.
- Trust disputes.
- Contentious probate claims.
- Disputes about partnerships
Which court deals with contract claims under £10,000?
The small claims track within the county court
Which high Court division deals with contract and tort claims where over £100k is involved?
The queen’s bench division.
What is a “claim”?
An action in a civil court.
How is a civil claim started?
Form N1 is completed and filed with a County Court or a high court office or online if a debt. A fee is payable.
What are the three tracks that a civil case can be allocated to?
Small claims track, fast track or multi track
Where do you appeal a county court decision by a district judge to?
A single circuit judge of the same court.
Where do you appeal a circuit judge devision to?
Court of appeal civil division, unless it is a leapfrog appeal to the supreme Court.
What is mediation
A compromise reached with the help of a neutral person.
What is conciliation?
A process where the conciliator plays an active role suggesting grounds for compromise.
What is arbitration?
Where both parties agree to let a neutral arbitrator decide their dispute.
What are the main advantages of ADR?
Cheaper, quicker, less confrontation so parties can remain on good terms.
What are the main disadvantages of ADR?
One of the parties is jnwilling and unwilling to be bound by it. Mediation can be formal and complicated. A conciliator can force a resolution.
What are the least serious offences called that have to be tried in the magistrates court?
Summary offences
What are the most serious offences called that have to be tried in the crown court?
Indictable offences
What does it mean if an offence is said to be triable either way?
Can be tried either in the magistrates or crown court. All guilty pleas are sentenced in the magistrates court. On a not guilty plea the magistrates decide whether to hear it or transfer to crown court.
Where does the first hearing take place on a charge of an indictable offence?
The magistrates court. Deals with bail or custody and legal aid and identify then transfers to Crown court for plea and trial preparation hearing.
What are the five aims of sentencing?
- Punishment
- Reduction of crime by deterrence
- Reform and rehabilitation.
- Protection of the public.
- Reparations to victims.
For what offence is a mandatory life sentence given?
Murder.
When is a whole life sentence made?
Where the judge decides the offender is so dangerous that they should never be released from prison.
