Leg 1 RR - Legal System Flashcards
Modern structure
SC
CA (Civil/Crim)
HC - (KB, CD, FD)
Crown
Mag County Family
Superior courts
Unlimited jurisdiction geographically and financially;
SC, CA, HC, Crown
Inferior courts
Limited geographical and financial jurisdiction - less important cases.
County, Mag, Family
Trail and appellate
Courts of first instance - HC, FC or CC
Crown or Mag
Appeal - CA (civil/crim)
HC (all 3 for civil, KBD for criminal)
Family court
Civil structure
County
Appeal to
HC
Appeal to
CA
Points of law (permission)
SC (may leapfrog from HC on point of law of general importance).
Family (appeal to judge of higher level)
Criminal structure
Summary - Mag (appeal to HC or CC)
Either way - Mag or Crown
Indictable only -
Mag to Crown for trial
Appeal to CA.
Appeal in Criminal
Mag to Crown
D only
-on point of law of fact
-appeal against sentence
High Court
Appeal by either prosecutor or D by way of case stated, baed on point of law
SC
either Side on point of law
HC must certify general public importance
HC or SC grant leave to appeal.
Trail on indictment
Crown
CA
D only with leave -
sentence or conviction - law or fact
AG reference procedure
Acquittal AG may refer point of law for clarification - does not affect acquital
Unduly lenient - refer to CA to impose sentence
SC-
Points of law only
CA must certify general importance CA or SC grant leave to appeal.
Other courts
Privy council
London
Justices of Supreme Court and Commonwealth judges who are members of privy council
Appeals from common wealth countries
European Court of Justice
Luxembourg
Judges appointed with agreement from MS assisted by AG.
Preliminary ruling on EU law and actions of EU institutions - whether failed to fulfil treaty obligations.
Influence reduced by repeal of European Communities Act 1972
ECHR (European Court of Human Rights)-
Strasbourg
Appointed from each state that is party too 1950 convention.
Hears cases on alleged breaches of ECHR.
Judiciary
Lord Chief Justice -
Head of judiciary and senior judge in England and Wales
President of all courts
head of criminal justice
Master of rolls -
Head of Civil Justice
Justice of supreme court -
judges in SC
Other heads
President of KDB
President of family division
Chancellor of high court (chancery division CD)
Lord Justices of Appeal
CA
High Court Judges
Circuit Judges and Recorders -
County, Family or Crown
District judges -
Country Court
Magistrates district - deal with more complex cases
Magistrates
(not legally qualified).
Precedent
Binding if;
proposition of law (not fact)
Part of ratio decidendi (central legal reasoning of case)
Statements which are unimportant to outcome but may have future significances (obiter dicta) -persuasive not binding.
Obiter involves -
Judge speculating about decision if facts different
Judges addressing submission made in legal arguments but no longer relevant given ratio
dissenting judgements
decided in court which is binding
no relevant distinctions between cases.
Which courts are binding?
ECHR - persuasive in matters relating to convention rights
CJEU - repealed by Brexit. Binds Uk courts on EU matters
Privy council - highly persuasive
UK SC - binds court below but not itself.
CA - binds courts below and normally itself. Criminal more flexible.
High Court appellate - binds courts below and normally itself
High Court first instance - binds courts below but not itself. (FD, KBD, CD)
Family high court judges and above appellate binds court below and normally itself
Family below high court - no one
Crown - no one
Mag - no one
County - no one.
Courts departing from previous decisions
Are they binding on themselves?
Sc - no, ordinarily follow
CA - Yes subject to;
two conflicting decisions may choose
if conflicts with SC even if not overruled
per incuriam (neglected statutory provision or binding precedent)
interm decision by two judges
inconsistent with ECHR
criminal maters - decision obviously wrong and remain in gaol.
High Court- divisional court of HC (appellate) - Yes subject to CA exceptions
High Court first instance - No, try not to depart.
Crown - No - previous are highly persuasive.
Inferior - No
Deal with judgements
Distinguish - different in some material way from precedent cited, either on facts or law, earlier case need not be followed.
Affirming - confirms it agrees with appeal from lower court
Applying - adopts statements or reasoning from other decisions
Departing - a court of one level disagree in another matter by an equal court
Overruling - higher court comments on previous unrelated decisions and declares it to be wrong
Reversing - higher court disagrees with earlier decision in same proceedings of lower court.
Primary legislation
Act structured as followed;
Royal Coat of Arms
Short title
Year and chapter number
Long title -
describes purpose of act.
Date of royal assent
Enacting formula -
confirms passed all processes.
Sections
Towards ends section addressing matters of general interpretation
Schedules - list amendments and repels to other acts.
