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SQE1_additional > Legal system 1 - court structure > Flashcards

Legal system 1 - court structure Flashcards

1
Q

What is the judiciary?

A

the judges

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2
Q

What is a senior judge?

A

A judge with judicial and important administrative roles

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3
Q

What is jurisdiction?

A

A court’s or judge’s power to hear a case

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4
Q

Prosecutions are typically brought against individuals by…

A

the Crown Prosecution Service (CPS)

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5
Q

On whose behalf does the Crown Prosecution Service (CPS) act?

A

On behalf of the state

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6
Q

The core function of a criminal court is…

A

to determine the guilt or innocence of a defendant

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7
Q

What is the standard of proof in criminal cases?

A

beyond a resonable doubt

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8
Q

What is the standard of proof in civil cases?

A

balance of probabilities

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9
Q

What is the standard of proof?

A

It is the degree to which a party must prove its case in order to succeed

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10
Q

What is the burden of proof?

A

It is which party bears the responsibility for proving the case

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11
Q

Who does the burden of proof rest with in civil cases?

A

with the claimant

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12
Q

Who does the burden of proof rest with in criminal cases?

A

with the prosecution

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13
Q

Courts that hear cases at first instance are said to have…

A

trial jurisdiction

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14
Q

Courts that hear appeals are described as having…

A

appellate jurisdiction

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15
Q

All cases will always commence in a court of…

A

first instance

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16
Q

A court of first instance is also referred to as a…

A

trial court

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17
Q

What is the key function of trial courts?

A
  • determine the facts of the case
  • reach decision on how the relevan tlaw ought to apply to those facts
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18
Q

Appeals are considered by…

A

appellate courts

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19
Q

What are the senior courts?

A
  • Crown Court
  • High Court
  • Court of Appeal
  • Supreme Court
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20
Q

What does the court hierarchy establish?

A

It establishes which decisions must be followed by other courts in the system

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21
Q

Which cases does the Supreme Court hear?

A

Only appeal cases involving a point tof law that is of public importance

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22
Q

Which divisions are there at the Court of Appeal?

A
  • Civil Division
  • Criminal Division
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23
Q

The Court of Appeal only hears…

A

appeal cases that involve a question of law

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24
Q

Which divisiions does the High Court have?

A
  • King’s Bench Division
  • Chancery Division
  • Familiy Division
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25
Q

The High Court and the County court have … jurisdiction to hear civil cases

A

concurrent (parallel)

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26
Q

When should a case be commenced in the High Court?

A

Where:
* the case has complex facts
* the outcome of the case has an element of public interest
* the claimant believes the High Court is the suitable court

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27
Q

Where a case should not be commenced in the High Court, it should be commenced in the

A

County Court

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28
Q

What monetary amount is the threshold for the High Court in civil cases?

A
  • GBP 100,000 or higher
  • GBP 50,000 or higher for personal injury cases
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29
Q

When a civil case meets the monetary threshold, the claimant

A

can choose to commence proceedings in the:
(a) King’s Bench Division
(b) Chancery Division
(c) County Court

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30
Q

What cases does the King’s Bench Division hear?

A
  • contract and tort disputes
  • Administrative Court
  • Admiralty Court
  • Commercial Court
  • Circuit Commercial Courts
  • Technology and Construction Court
  • criminal appeals when sitting as Divisional Court of the King’s Bench Division
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31
Q

What cases does the Chancery Division hear?

A
  • business or property disputes
  • Business and Property Court
  • Patents Court
  • Intellectual Property Enterprise Court
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32
Q

What cases does the Family division hear?

A
  • family law cases
  • international child abduction cases
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33
Q

What is the relationship between the Family Division and the Family Court?

A

They are distinct courts.

The Family Division is a Division of the High Court.

The Family Court is a separate court, which hears most family law cases

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34
Q

What cases does the Family Court hear?

A

Court of first instance for most family law cases

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35
Q

Family law matters will usually be considered by which court?

A

The Familiy Court

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36
Q

What is the jurisdiction of the Crown Court?

A
  • Typically first instance
    Defendant accused of committing
  • indictable offence
  • more serious triable either way offence
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37
Q

What is an indictable offence?

A

Very serious offences, such as robbery, rape, murder

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38
Q

What is a triable either way offence?

A

Offences, which can be heard by the Crown Court or the emagistrates’ court.

This depends on the severiousness of the offence.

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39
Q

What is an example of a triable either way offence?

A

Theft.

It may be serious because o the value or circumstances (e.g. abuse of position of trust).

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40
Q

What is the Magistrates’ court?

A

It is a court of first instance.

It deals primarily with criminal cases and has limited jurisdiction in respect of some civil cases.

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41
Q

What is in the criminal jurisdiction of the magistrates’ court?

A
  • all cases involving summary offences
  • simpler / not too serious triable either way offences
42
Q

For triable either way offences, a defendant can…

A

insist on a trial by jury in the Crown Court

43
Q

What is the magistrates’ sentencing power?

A
  • generally custodial sentence of up to 6 months
  • costudial sentence of up to 12 months in total if the defendant has committed multiple triable either way offences
44
Q

What determinations does the magistrates’ court take to determine jurisdiction?

A

Whether:
* the offence was serious
* there are relevant prior convictions
* the sentencing powers are likely sufficient for the case

45
Q

All criminal cases are tried in either

A

(a) the magistrates’ court
(b) the Crown Court

46
Q

As a rule of thumb, all criminal cases involving defendants aged between 10 and 17 should be tried in…

A

the Youth Court

47
Q

What types of offences exist?

A

(a) summary offence
(b) triable either way offence
(c) indictable offence

48
Q

Which criminal cases involving defendants aged between 10 and 17 should not be tried in the Youth Court?

A

Cases that are very serious and likely to attract a lengthy custodial sentence

49
Q

What are the key functions of the appeals system?

A
  • allow for the review of decisions that could be unjust or incorrect
  • allow the higher courts to clarify or reiterate the correct interpretation of the law
50
Q

In a criminal case, the appeal is typically brought for which reasons?

A
  • it is against the conviction and/or the sentence
  • the trial court acted in excess of its powers and/or misapplied the law
  • there is a real possibility that a conviction, verdict, finding or sentence would not be upheld on appeal
51
Q

If a case begins in the magistrates’ court, the defendant may generally appeal…

A

against the conviction and the sentence

52
Q

If a case begins in the magistrates’ court, which court will consider the appeal?

A

The Crown Court

53
Q

Appeals considered by the Crown Court involve…

A

an entire re-hearing of the case

54
Q

If a defendant entered a plea of guilty in the magistrates’ court, what can an appeal entail?

A

Only the sentence.

The defendant cannot appeal against the conviction

55
Q

On appeal in a criminal matter, how can the Crown Court decide?

A

(a) confirm the verdict and/or sentence
(b) render its own decision

56
Q

On appeal in a criminal matter, what will the Crown Court review?

A

All the decisions of the magistrates’ court - not just the points on which the appeal rests

57
Q

Can the prosecution appeal to the Crown Court?

A

no

58
Q

Can the Crown Court increase the sentence of the offender?

A

Yes

59
Q

Can the Crown Court increase the sentence of the offender when the sentence is not appealed?

A

Yes

60
Q

If a case is tried by the Crown Court, the defendant may appeal against…

A

the conviction and/or sentence

61
Q

What must a defendant do to appeal a decision tried in the Crown Court

A

He must apply for leave

62
Q

Which court considers appeals against convictions from the Crown Court?

A

The Court of Appeal

63
Q

How will the Court of Appeal decide in a criminal matter?

A

(a) dismiss the appeal - everything remains as was
(b) confirm the verdict and reduce the sentence
(c) overturn the verdict

64
Q

Appeals against conviction are concerned with whether…

A

a conviction is “safe” or “unsafe”

65
Q

What are examples of an “unsafe” conviction?

A

When there was:
* an error in the summing up
* a procedural irregularity
* fresh evidence is discovered after the trial

66
Q

When can the prosecution appeal?

A
  • terminatory rulings
  • evidential rulings
67
Q

What is a terminatory ruling?

A

A ruling by a trial judge in a criminal case, which effectively terminates the trial

68
Q

What is an evidential ruling?

A

A ruling by a trial judge in a criminal case, which significantly weakens the prosecution case

69
Q

The prosecution has no right of appeal in respect of a defendant who…

A

has been acquitted by a jury following a Crown Court trial

70
Q

An appeal by the prosecution neccessitates…

A

permission to appeal by
* the trial judge
* the Court of Appeal

71
Q

Can the prosecution appeal following conviction in the Crown Court?

A

Yes.

Typically only against unduly lenient sentences - then brought in the name of the government upon consent by the Attorney General

72
Q

When the trial court acted in excess of its powers and/or misapplied the law, what is the right form of appeal?

A

(a) appeal by way of case stated
(b) appeal for judicial review of proceedings

73
Q

Who considers appeals by way of case stated?

A

the Divisional Court of the King’s Bench Division

74
Q

What is the basis for an appeal by way of case stated?

A

an order, judgement or other decision is:
* wrong in law
* made in excess of jurisdiction

75
Q

Can an appeal by way of case stated be made following a Crown Court case?

A

Yes, but only if the Crown Court case is itself an appeal from the magistrates’ court

76
Q

How can the High Court decide in an appeal by way of case stated?

A

(a) reverse
(b) affirm
(c) amend
the determination
(d) send the matter back to the magistrates’ court

77
Q

What is an appeal for judicial review of proceedings?

A

It is an appeal on the basis that the magistrates’ court has acted:
(a) unreasonably
(b) ultra vires
(c) irrationally (impermissible application of the law)

78
Q

Who hears appeals for judicial review of proceedings?

A

The Administrative Court of the King’s Bench Division

79
Q

Which is the preferred ourt, appeal by way of case stated or appeal for judicial review of proceedings?

A

appeal by way of case stated

80
Q

What is the Criminal Cases Review Commission?

A

It is a body that refers cases
(a) to the Crown Court
(b) to the Court of Appeal
where there may have been a miscarriage of justice

81
Q

What must be obtained for almost all civil appeals?

A

permission to appeal

82
Q

Who can grant permission to appeal in a civil case?

A

(a) the court of first instance
(b) the relevant appellate court

83
Q

When are permissions to appeal granted in civil cases?

A

When:
(a) there is a realistic prospect of success
OR
(b) there is some compelling reason whyt he appeal should be heard

84
Q

How many levels of appeal are there typically in civil cases?

A

Only one

85
Q

Which civil cases are considered by the Court of Appeal or the Supreme Court?

A

only cases which rraise an important point of principle or practice

86
Q

An appeal against a County court district judge decision will be considered by…

A

a circuit judge (County Court)

87
Q

An appeal against a County court circuit judge decision will be considered by…

A

a High Court judge

88
Q

An appeal against a High Court Master decision will be considered by…

A

a High Court judge

89
Q
A
90
Q

An appeal against a High Court judge decision will be considered by…

A

(a) the Court of Appeal (Lord Justice of Appeal
(b) the Supreme Court

91
Q

What is the leapfrog procedure in civil appeals?

A

an appeal from a High Court judge will be considered directly by the Supreme Court

92
Q
A
93
Q

Can therer be appeals to the Court of Appeal from a High Court decision in criminal matters?

A

No.

The appeal will be going directly to the Supreme Court

94
Q

What are the requirements for the leapfrog procedure to the Supreme Court?

A

At least one of the following must apply:
* the appeal raises issues of national importance
* the result is of particular significance
* the benefits of early consideration by the Supreme Court outweigh the benefits of consideration by the CA

95
Q

Which court can grant permission to appeal against CA decisions?

A

Both the CA and the SC

96
Q

When is an appeal against a decision by the CA possible?

A

There must be an arguable point of law of general public importance that ought to be considered by the SC

97
Q
A
98
Q

What are rights of audience?

A

It is the right of an advocate to be heard in legal proceedings

99
Q

Do solicitors have rights of audience?

A

Yes, but only in lower courts.

They must acquire higher rights of audience for senior courts

100
Q

When are higher rights of audience awarded to solicitors?

A

When they pass the appropriate advocacy assessment.

There is an assessment for civil cases and one for criminal cases

101
Q

Is the Crown court a senior court?

A

yes

SQE1_additional (14 decks)

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