Introduction Flashcards
Case reference for a criminal case
R v Smith
- Regina or Rex
- Smith is the defendant
- Standard if proof is beyond all reasonable doubt
- Burden of proof is on the prosecution
Case reference for a civil case
Smith v Jones
- Smith is the claimant
- Jones is the defendant
- Standard of proof is on a balance of probability
- Burden of proof is on the claimant to prove the claim
Magistrates courts
- criminal
- trails of summary offenses, committals to the Crown Court, family proceedings and youth courts
Crown court
- Criminal
- Trails of indictable offenses, appeals from magistrates courts, cases for sentence
Tribunals
- Civil
- Hear appeals from decisions on immigration, social security, child support, pensions, tax and lands
- Not administered by HMCS
County courts
- civil
- majority of civil litigation subject to nature of the claim
High court divisions
- queen’s bench division
- administrative court
- family division
- divisional court
- chancery division
- divisional court
Chancery division
Equity and trusts, contentious probate, tax partnerships, bankruptcy and Companies court, Patents court
Divisional court - criminal
Appeals from the magistrates courts
Divisional court - civil
Appeals from the county courts on bankruptcy and land
Queen’s bench division
Contract and tort
E.g. commercial court, admiralty court
Administrative court
Supervisory and appellate jurisdiction overseeing the legality of decisions and actions of inferior courts, tribunals, local authorities, ministers of the crown and other public bodies and officials
Court of appeal - criminal division
Appeals from the crown court
Court of appeal - civil division
Appeals from the high court, tribunals and certain cases from county courts
The supreme court
- final court of appeal for all United Kingdom civil cases, and criminal cases from England, Wales and Northern Ireland
- not administered by HMCS
