Law Flashcards
Who is a tribunal panel normally made up by?
A number of subject matter experts and one legally qualified judge/chairperson
What is the president of the Supreme Court responsible for?
The President of the Supreme Court is responsible for the administration of the Supreme Court
What courts do recorders hear cases in?
Crown Court and County Court
Where do circuit judges and deputies sit?
County Court and Crown Court.
Can also hear cases in criminal division of court of appeal
What are the advantages of using tribunals over the court system?
Quicker and cheaper
More informal/less intimidating than a court
Not bound by precedent so more flexible
Easier to be heard
Less publicity
What is the structure of tribunals?
First tier tribunal - the starting point for most cases
The upper tribunal – hears appeals from the first tier
Specialist tribunal - this is separate to the first tier and upper tribunal, there are separate specialist tribunals such as the employment tribunal
Who is the Lord Chief Justice?
The most senior judge in the UK
Where do justices of the Supreme Court sit?
Main courts – Supreme Court and judicial committee of the privy Council
Can also hear cases in – court of appeal and the Crown Court
Where do Lord/lady justices of appeal sit?
Main court – court of appeal
Can also hear cases in – High Court, County Court and Crown Court
Where do High Court judges and deputies sit?
High Court
Can also hear cases in - court of appeal and crown court
What are the advantages of using ADR over tribunals or the court system?
Cheaper and quicker
Focuses on finding a compromise/agreement so more likely to continue a relationship after the conclusion of the case
Less publicity
What are the three forms of ADR?
Arbitration
Mediation
Conciliation
Where are appeals from the upper tribunal heard?
The Supreme Court or the court of appeal
Explain courts with a first instance jurisdiction
Courts with the first instance jurisdiction hear cases that have not been tried in another court already
Explain courts with an appellate jurisdiction
Courts with an appellate jurisdiction hear cases that have already been tried in another court, but one party is dissatisfied with outcome.
That party appeals to the higher court to have the first instance decision overturned.
Who hears cases in the county court?
District or circuit judge
Defendants dissatisfied with the outcome of their trial in a magistrates court can appeal to where?
For their sentence/conviction – Crown Court
For application of the law/overreach of power of the magistrate – High Court
What are the three main ways in individual or business can pursue legal action?
Court case
Tribunal
Alternative dispute resolution
What cases does a High Court hear?
Civil and criminal both first instance and appellate cases
What are the divisions of the High Court made up of?
Family division
Chancery division
Queens bench division
What type of cases do magistrate courts hear?
Criminal first instance cases
What cases does the court of appeal hear?
Criminal and civil appeals (no first instance cases)
Where are appeals from the court of appeal referred to?
The Supreme Court
What type of cases does the Crown Court hear?
First instance serious and indictable offences and appeals from the magistrates court
Who is the crown court overseen by?
The Crown Court is overseen by a judge and a jury of 12 people
What cases does the county court hear?
First instance civil cases
What is the main purpose of business law?
The key purpose of business law is to ensure businesses are held to account for any unlawful act and omissions
Where are appeals in the county court directed to?
A district judges decision is appealed to the circuit judge
A circuit judge decision is appeal to the high court
An appeal may go directly to the court of appeal if it raises an important point of principal or practice
Define summary offences and provide examples in relation to businesses
A summary offence is a minor offence which are tried in the magistrates court.
E.g. Failure to keep company registers
Failure to keep board minutes
What are the three main ways? An individual or business can pursue legal action?
Court case
Tribunal
Alternative dispute resolution
What are the stages of passing acts through parliament?
Green paper
White paper
Bill
Royal assent
Commencement order
Green paper – sets out the broad proposal for the new law and seeks comments from the public
White paper – provides more detailed final proposals
Bill – a bill is drafted past through both houses (comments and Lords)
Royal Assent - all bills must have final approval from the monarch before they become an act of parliament
Commencement order – this is the legislation that brings the act of parliament, or certain parts of it, into effect
What are the five stages of a bill?
First reading
Second reading
Committee stage
Report stage
Third reading
First reading – a formality, takes place without debate
second reading – first opportunity for MPs to debate the bill (no amendments will be made). A vote then takes place, if it passes it will proceed to the committee stage.
Committee Stage - detailed examination of the bill
Report stage – gives MPs an opportunity to consider further amendments to a bill
Third reading – final chance for debate of the contents of the bill
What are the three types of bills and explain each?
Public bill – affects the general population
Private bill – affect certain groups, people or localities
Hybrid – combination of both public and private, affects the general population but has an increased effect on specific people, groups or localities
What are the five components of an act?
SSPCS
Sections
Subsections
Parts
Chapters
Schedules
What are the four sources of law in the UK?
Legislation
EU law
Case law
Human rights law
Provide an example of an appellate court
Court of appeal
Provide an example of a court with a first instance jurisdiction
Magistrates court
Explain mediation
A type of ADR
A mediator facilitates conversation between parties to enable them to meet a voluntary mutual agreement
The mediator will not make any decisions, so it is up to the parties to find a resolution
Explain arbitration
A type of ADR
Arbitrators oversee the case in a similar way to a judge and make a binding decision upon the parties
The arbitrator is an expert in the subject matter but does not need to be legally qualified
Explain conciliation
A type of ADR
Conciliation is a more involved form of mediation, where the conciliator will take an active part in the discussions between the parties and assist with finding a solution
There is no binding decision made by the conciliator (the parties must both agree)
What is a key advantage of using mediation over arbitration?
Because a decision is not imposed on either party, the parties are more likely to be satisfied with outcome and be able to continue working together
What is a key advantage of using arbitration hearing over a court hearing?
Arbitration hearing are confidential
