English legal system Flashcards
- who is responsible to ensure efficient and effective system of courts
the Lord Chancellor meaning the Sec of state for justice
how are judges appointed
a process governed by Judicial appointments comission that elects candidates
who are mags supported by and are they legally qualified
Magistrates are not legally qualified and are supported by legal advisors
- which courts deal with cases on first instance in the civil courts?
County court and high court
- What claims does the county court handle?
where c is not expected to receive more than £100,000 or 50.000 in PI claims
Who sits in county courts usually
In County court sit:
Circuit judges, recorders, district judges, deputy district judges.
Who sits in High court
High court judges and deputy high court judges
what are the divisions of HC
start with the kings bench division
King’s bench division: deals with Multi track.
Also contains within in the Administrative court which deals with applications for judicial review.
which court / division deals with judicial review claims
HC - KING’s bench which contains the administrative court.
what does the chancery division deal with
land contracts, trusts and wills
what deals the family division with
family proceedings complex divorce dissolution of civil partnerships.
what is the max sentence the Mags court can impose
6 months and or a fine of any amount
who sits in the crown court
High court judges and circuit judges also juries sometimes barristers and solicitors who serve as part time judges
what does the jury do
comprised of people between 18 and 75 form electoral register, listen to evidence and determine if d is guilty or not
jury is usually vetted in cases involving terrorism.
what is the appeal process in civil courts
District judge in CC - circuit judge in CC
Circuit judge in CC - high court judge in HC
Masters in HC - Hight court judge in HC
High court judge in HC - lord justice of appeal
coa - sc
when will permission be granted for appeal
real prospect of success or there is another pressing reason to hear the case
what is the process of appeals in criminal courts
Crown C will hear do full hearing original evidence and withness re examined - only sentence will be be appealed if def pleaded guilty
Either party the crown or D can apply to HC to hear appeal on ground that Mags c has incorrectly applied procedure. A panel of 3 judges will review the judgment which may be affirmed amended returned to Mags court
Administrative court - division of high court either party can appeal if they feel the judgmeent was incrroect and court acted ultra vires
COA- only the convicted party can appeal wither conviction or sentence. this should be done within 28 days of conv or sentencing or after 28 if there is fresh evidence CCRC
SC - if permission given and the point of law is of public importance a case can be sent from COA to SC
What has contributed to the development of the legal system in UK
Monarchy, nobility and the judiciary - not the trade unions before 1800.
What does the Habeas Corpus doctrine say?
No one can be detained without lawful reason
What is the purpose of a schedule of an Act
schedule= additional documents or extra material which are too bulky to be in the sections of the Act will appear as schedules instead.
Can you add this to the schedule is too bulky bulky schedule
What does the mischief rule do
someone interpreting the act should assess the reason for the Acts provision and problem it was designed to correct
Where can someone who is not sol or barrister sit
Employment tribunal
What are judges influenced by
Codes of conduct for sols and barristers
can a claim for PI for 80.000 start in County c
yes PD 7A of CPR
