Judiciary and Personnel of the Court System Flashcards

1
Q

Criminal courts (personnel)

A
  1. Magistrates court: Magistrates withlimited poweres of sentencing 12 months (lay persons) with legal advisers (legal qualified); District judge : legal qualified (usually start as barrister or solicitor) right of audience 5 years
  2. **High Court **(occasionally) Administrative court
  3. Crown Court: 3 judges held rights of audience of 10 years; jury usually 12
  4. Court of appeal criminal division : Lord and Lady Justices of Appeal
  5. Supreme Court : Justices of Supreme Court
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2
Q

Civil courts (Jurisdiction)

A
  1. County Courts: Small contractual and tortious disputes
  2. High court: divided in 3 divisions: King Bench Division: tort, contract and commercial law, Chancery Division: company and partnership law, land, trusts, mortgages, bankruptcy and Family Division: Deals with appeals from Family Court
  3. Court of Appeal (Civil divisions) : hears appeals from High courts (or Crown Court)
  4. Supreme Court: hears appeals on points of law of public importance
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3
Q

Civi Courts (personnel)

A
  1. County Courts: Circuit Judges, Recorders and District Judges (lowest ranking)
  2. High Court: High Court Judges, 5 heads of Division,
  3. **Court of Appeal (civil divisions) **Lord and Lady Justices of Appeal, 5 heads of division, High Court judges assist from time to time
  4. ** Supreme Court**: Justices of Supreme Court: 12 (2 are women) Law Lords
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4
Q

Criminal Courts (jurisdiction

A
  1. Magistrate Courts: tries minor offeces and either way (mid range offences)l can commit a case to the Crown court if it is either way and magistrates think it is more approprieate to be in Crown Court. Appeals from Magistrate go to Crown, if so, the case will be tried from fresh. If defendant wants to appeal a point of law, the case goes to Administrative Divisional Court.
  2. Crown Court: Hear all cases which involve trial on indictment
  3. Divisional Court: hear appeals from Magistrate on points of law
  4. Court of Appeal (Criminal division): Hear appeals from Crown Court
  5. Supreme Court: Hear appeals on points of law of public importance
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5
Q

Criminal Precedent

A
  1. Supreme Court: bind all inferior courts
  2. Court of Appeal: bind all inferior courts
  3. Divisional Court: bind all inferior courts (including Crown Court) . Bound by Supreme and Court of Appeal
  4. Crown Court: does not create precedent, bound by above court
  5. Magistrates’ Court: does not create precedent, bound by KBD, adminitrative Court, Court of Appeal and Supreme Court
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6
Q

Civil precedent

A
  1. Supreme Court: bind all inferior courts
  2. Court of Appeal: bind all inferior courts
  3. High Court: Bind all inferior courts, bound by Appeal and Supreme Courts
  4. County Court: does not create precedent is bound by above courts.
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