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Must know these > English legal system > Flashcards

English legal system Flashcards

1
Q
  1. who is responsible to ensure efficient and effective system of courts
A

the Lord Chancellor meaning the Sec of state for justice

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2
Q

how are judges appointed

A

a process governed by Judicial appointments comission that elects candidates

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3
Q

who are mags supported by and are they legally qualified

A

Magistrates are not legally qualified and are supported by legal advisors

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4
Q
  1. which courts deal with cases on first instance in the civil courts?
A

County court and high court

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5
Q
  1. What claims does the county court handle?
A

where c is not expected to receive more than £100,000 or 50.000 in PI claims

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6
Q

Who sits in county courts usually

A

In County court sit:
Circuit judges, recorders, district judges, deputy district judges.

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7
Q

Who sits in High court

A

High court judges and deputy high court judges

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8
Q

what are the divisions of HC
start with the kings bench division

A

King’s bench division: deals with Multi track.
Also contains within in the Administrative court which deals with applications for judicial review.

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9
Q

which court / division deals with judicial review claims

A

HC - KING’s bench which contains the administrative court.

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10
Q

what does the chancery division deal with

A

land contracts, trusts and wills

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11
Q

what deals the family division with

A

family proceedings complex divorce dissolution of civil partnerships.

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12
Q

what is the max sentence the Mags court can impose

A

6 months and or a fine of any amount

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13
Q

who sits in the crown court

A

High court judges and circuit judges also juries sometimes barristers and solicitors who serve as part time judges

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14
Q

what does the jury do

A

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.

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15
Q

what is the appeal process in civil courts

A

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

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16
Q

when will permission be granted for appeal

A

real prospect of success or there is another pressing reason to hear the case

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17
Q

what is the process of appeals in criminal courts

A

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

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18
Q

What has contributed to the development of the legal system in UK

A

Monarchy, nobility and the judiciary - not the trade unions before 1800.

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19
Q

What does the Habeas Corpus doctrine say?

A

No one can be detained without lawful reason

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20
Q

What is the purpose of a schedule of an Act

A

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

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21
Q

What does the mischief rule do

A

someone interpreting the act should assess the reason for the Acts provision and problem it was designed to correct

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22
Q

Where can someone who is not sol or barrister sit

A

Employment tribunal

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23
Q

What are judges influenced by

A

Codes of conduct for sols and barristers

24
Q

can a claim for PI for 80.000 start in County c

A

yes PD 7A of CPR

25
Q

where are Patents matters heard

A

High Court - Chancery division

26
Q

Explaun Purposive approach

A

Why does the statute exist
Looking at Hansard, Explanatory notes, briefing papers.

27
Q

Explain Noscitur a sociis

A

Consider the context of word used ex: public place of refreshment, cafe included
Remeber Nosicur - Entertainment&cafe
So Noscitur = Context

28
Q

Explain Ejusdem Generis

A

Used to interpret a general word which follows specific words will only apply to items like specific words used
For example
Clothes: t-shirt, socks, blouse… Knife not included

29
Q

Where will solicitors have automatic right to be heard

A

Mag’s court, County Court and Family Court

MCF

30
Q

Where will you find a fixed block of text confering authority of the crown upon an act of P making it law

A

In the preamble: Be it enacted

31
Q

Where do you find the name of the act

A

Short title

32
Q

Where do you find the chapter in an Act

A

In the citation
ch > c

33
Q

What does the long title of an act do

A

Describes the purpose of the act and can be used as an intrisic aid.

34
Q

What are the individual provisions of an act called

A

Sections

35
Q

What are marginal notes

A

short notations which may appear above or alongside section - they give insight what the provision is about
Marginal = what is it about?

36
Q

Where will situations in which the law applies appear in the act

A

extent provisions= situations

37
Q

What is the purpose of schedules in the act

A

additional info that is too bulky to be contained within the section of the act
schedule = additional information

38
Q

What is the purpose or statutory instruments

A

Add significant detail to supplement original act of p

39
Q

What does a hybrid act do

A

Combines the elements of both public and private acts and is aimed at whole population.

40
Q

What is expression unious est ex alterius

A

if one or more things are mentioned in a statute the things that are not mentioned are exculded. For example: A contract for X Y Z must be in writing. If contract is for G, G is excluded.

41
Q

What is ejusdem generis

A

of the same type: if a general world follows two or more specific words it will only apply to those specific words.
Ejusdem Generis = General world ex : Clothes: t shirt dress socks - a ball will not be part of this

42
Q

How are presumtions used to interpret the law

A
  1. Against allowing statutes to alter common law
  2. Against removing court’s jurisdiction
  3. Ambuiguity in criminal case in favour of D
  4. Statutes cannot be applied retrospectively
43
Q

What is KBD part of which court

A

HC

44
Q

What does KBD deal with
What does KBD hear

A

Is part of HC and deals with Multi track claims for all claims more than 100k and more than 50k for PI
- Appeals on ground of serious procedural irregularity

45
Q

What is administrative court part of and what does it hear

A

KBD - KBD is part of HC
Administrative court hears appeals on JR appeals

46
Q

When can the prosecution appeal decision from Mags court and which court will hear the appeal

A

By way of case stated - HC: KBD administrative court.

47
Q

What if decision was made in Crown court, and is not appeal from mags court can prosecution appeal

A

No, but attorney general if lenient

48
Q

Where will civil cases of less than 100k and less than 50k for PI be started

A

County court

49
Q

If civil case is complex or in public interest where will it be heard

A

High court

50
Q

What matters is Chancery division likely to hear

A

land and mortagage
trust administration of estate
bcy
intellectual property
partnerships and company matters

51
Q

When can the HoC not bypass the requirement for approval of the HoL

A

When HOC seeks to extend the lifetime of parliament beyond 5 years.

52
Q

When is the Court of Appeal bound by its own decisions

A

The court or appeal is bound by itself In civil cases

53
Q

Explain Horizontal binding effect in all courts

A

SC- does not binding itself , Prev dec of HOL?
CoA- generally bound in civil decisions for criminal can depart if it was wrong or would cause hardship
HC- bound by its decision if High court was acting as appellate court.
Not binding if HC was a court of first instance

54
Q

County court

A

100k and 50k for PI
Unless facts complex
Small track- 10k and 1000 for PI
Fast track: 25k and 10k for PI
Multi track up to 100k no more than 50 k for PI Multi

55
Q

Give example of golden rule

A

in the vicinity.

56
Q

Make a summary of horizontal binding effect

A

The High Court will generally be bound by its decisions if it was acting as appellate court, but not if it was acting as trial one.
—
CoA usually bound by previous civil cases but in criminal can depart if previous decision was wrong.
—
SC not bound

Must know these (3 decks)

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