Legal System

Question 1

Function of legal system

Answer 1

• empowers, protect, facilitates and maintain
• prevent anti-social behaviour
• facilitate relationships between individuals
• settle disputes
• all pervasive

Question 2

Court System

Answer 2

• Judges are appointed by the monarch
• court system is adversarial ->parties investigate their own cases and call their own evidence. A case is argued by two opposing sides who have the primary responsibility for finding and presenting facts.

Question 3

Hierarchy of Courts

Answer 3

1 - Supreme court
2 - Court of Appeal
3 - High Court - QB/KB, Family, Chancery
4 - Crown Courts and County Courts
5 - Magistrates court and tribunals

Question 4

1 - Supreme Court

Answer 4

• final court of appeal, heard appeals on arguable points of law in public importance for all UK in civil cases.

Question 5

2 - Court of Appeal

Answer 5

• senior courts, appellate courts in 2 division (criminal and civil)

Question 6

3 - High Court

Answer 6

• serious and complex civil and family cases

Question 7

4 - County Court

Answer 7

• within geographical catchement area

Question 8

4 - Crown Court

Answer 8

• indictable criminal cases that are transferred from the magistrates court, including serious cases.

Question 9

5 - Magistrates court

Answer 9

• criminal case sin 1st instance, less serious cases and juveniles, civil cases

Question 10

5 - tribunals

Answer 10

• indep, specialised, set up by parliament to rule on disputes between individuals and private organisation, Tribunals are made up of panels comprising a tribunal judge and tribunal members who are often drawn from relevant professions.

Question 11

Civil Law

Answer 11

• parties are responsible for gathering evidence. As soon as litigation is contemplated, the parties’ legal representatives must notify their clients of the need to preserve disclosable documents (Civil Procedure Rules) (CPR)
• typically decide how much money paid in damages
  -The burden of producing evidence is initially carried by the C, if satisfied the burden, and made out a prima facie case, the burden shifts to the D.

Question 12

Criminal Law

Answer 12

• police arrest and question suspects and witnesses. They gather evidence and take witness statements. – CPS decides if enough evidence to go to court
• open justice system - open court. except children of sexual offecnes (Sexual Offences (Amendment) Act 1992 - V anonymous)
• Crown to present and prove their case and for the defence to argue for an acquittal or conviction on a lesser charge.
• must prove that the D is guilty “beyond reasonable doubt”. D only carries the burden of producing trial evidence if they wish to assert an affirmative defence.

Question 13

CL System

Answer 13

• doctrine of precedent - law is set by previous decisions of judges
• higher courts can overrule decisions in lower courts
  higher courts bind lower ones

Question 14

Rule of Law

Answer 14

1 - law accessable and predictable
2 - legal questions determined by law not discretion
3 - law apply equally to all
4 - ministers and public officers must exercise powers conferred in them in good faith
5 - law must afford adequate protection of HR
6 - Means must be provided for resolving without prohibitive cost or inordinate delay
7 - adjudicative procedures should be fair
8 - state must oblige with International law as well as national law