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Legal System of England & Wales > Legal System of England and Wales > Flashcards

Legal System of England and Wales Flashcards

1
Q

Who are the Superior Courts and what is their function?

A

Supreme Court, Court of Appeal, High Court and Crown Court

They have unlimited jurisdiction geographically and financially. They will try the most important and difficult cases.

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2
Q

Who are the Inferior Courts and what is their function?

A

County Court, Magistrates Court and the Family Court.

They have limited geographical and financial jurisdiction and deal with less important cases.

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3
Q

Who are the Courts of First Instance and what do they rule on?

A

For Civil - High Court, Family Court or County Court
For Criminal - Crown Court or Magistrates Court

They hear cases for the first time and will rule on issues of fact and law.

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4
Q

Who are the Appellate Courts and what do they rule on?

A

For Civil - Court of Appeal (Civil Division), High Court (all 3 divisions) and Family Court
For Criminal - Court of Appeal (Criminal Division) and High Court (Kings Bench Division)

They reconsider the application of legal principles to a case that has already been heard by a lower court.

Occasionally they will allow errors of fact and procedure to be corrected, but mostly errors of law.

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5
Q

What is the civil court structure (commencing in the County Court)?

A

County Court
>
High Court
>
Court of Appeal (Civil Division) permission is required
OR a ‘leapfrog’ may be made directly to the Supreme Court on law of general importance permission from UKSC is required
>
Supreme Court (only on points of law) permission from UKSC is required

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6
Q

What is the civil court structure (commencing in the Family Court)?

A

Family Court
>
Appeals within Family Court appear before a judge of a higher level
>
Court of Appeal (Civil Division) permission is required
OR a ‘leapfrog’ may be made directly to the Supreme Court on law of general importance permission from UKSC is required
>
Supreme Court (only on points of law) permission from UKSC is required

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7
Q

What judges sit in the County Court?

A

Circuit Judges and district judges

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8
Q

What is a County Court’s civil jurisdiction?

A

Contract/tort claims
Equity jurisdiction
Disputes over wills
Recovery of land

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9
Q

What judges sit in the High Court?

A

High Court judge (usually sitting alone)

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10
Q

What is the High Court’s civil jurisdiction?

A

Claims valued at £100,000 or £50,000 in personal injury

The Kings Bench Division hears contract/tort claims and have specialised courts

The Chancery Division hears disputes over wills and administration of estates, trusts, company law, bankruptcy and family cases

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11
Q

What are the civil specialised courts in the Kings Bench Division of the High Court?

A

Administrative Court
Commercial Court
Technology and Construction Court
Admiralty Court
Commercial Court
Planning Court

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12
Q

Where are judicial review claims heard?

A

Administrative Court of the KBD within the High Court.

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13
Q

What judges sit in the Court of Appeal in civil cases?

A

Lord Justices of Appeal (usually three sitting at once)

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14
Q

What is the Court of Appeal’s civil jurisdiction?

A

Appeals in civil cases from the High Court, County Court and certain tribunals

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15
Q

What judges sit in the Supreme Court?

A

Justices of the Supreme Court (usually five sitting at once)

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16
Q

What the Supreme Court’s civil jurisdiction?

A

Appeals from the Court of Appeal and sometimes the High Court via the ‘leapfrog’ approach with permission

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17
Q

What are the classifications of criminal offence?

A

Summary only

Indictable only

Either way

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18
Q

What is a summary only offence and where are they heard?

A

A less serious offence such as common assault or driving without insurance.

These must be heard in the Magistrates Court.

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19
Q

What is an indictable only offence and where are they heard?

A

More serious offences such as murder or robbery.

These must be heard in the Crown Court in front of a jury.

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20
Q

What is an either way offence and where are they heard?

A

Offences which are capable of being more serious depending on the way in which they were committed.

These can be heard in either the Magistrates Court or Crown Courts.

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21
Q

What is the procedure for a criminal case being prosecuted by the police?

A
  1. Police investigate the offence
  2. Police commence prosecutions via the Crown Prosecution Service
  3. A preliminary hearing is held in the Magistrates Court to determine the classification of offence

The next steps differ on the type of offence which is determined.

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22
Q

What is the next step in a criminal case once the magistrates determine it is a summary offence?

A

A trial is undertaken by the magistrates

The defendant may appeal to the High Court or Crown Court

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23
Q

What is the next step in a criminal case once the magistrates determine it is an either way offence?

A

A plea is entered before a venue/allocation hearing.

The magistrates determine whether the case is suitable for summary (and trial) or if the case should be sent to the Crown Court.

The defendant can elect a Crown Court trial if they prefer.

The case is sent to the Crown Court if elected/determined by the Magistrates.

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24
Q

What is the next step in a criminal case once the magistrates determine it is an indictable only offence?

A

The Magistrates send the case to the Crown Court

Hearings take place to set a timetable, ensure disclosure will take place etc.

Trial in Crown Court.

The defendant may appeal to the Court of Appeal.

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25
Q

What is the appeals procedure in a summary only trial?

A

A defendant can appeal to the Crown Court on their conviction on points of law or fact or against their sentence. They may also appeal to the High Court but only on a point of law by way of case stated.

A prosecutor can appeal to the High Court on a point of law by way of case stated.

From the High Court, either side may certify points of law of general public importance - this requires leave from the Supreme Court or the High Court.

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26
Q

What is the appeals procedure for indictable offences?

A

A defendant can appeal from the Crown Court to the Court of Appeal against a conviction or sentence on a point of law or fact (only with permission).

The Attorney-General may refer a point of law to the Court of Appeal following an acquittal (this does not affect the acquittal). Also where the Attorney-General thinks the judge has been unduly lenient with a sentence, they may refer the case to the Court of Appeal to reassess.

Both parties can appeal to the Supreme Court from the Court of Appeal on points of law only, but they must have permission from the Supreme Court or the Court of Appeal.

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27
Q

Who sits in the Magistrates Court?

A

Lay magistrates (usually three) or a district judge (usually alone)

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28
Q

What is the Magistrates Court criminal jurisdiction?

A

Issue of summons
Bail applications
Trial of summary offences
Mode of trial procedure to classify case

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29
Q

Who sits in the Crown Court?

A

A High Court judge, circuit judge or recorder (usually alone)

A jury for trials

30
Q

What is the Crown Court’s criminal jurisdiction?

A

Indictment trials
Committals for sentence where magistrate powers are not adequate
Appeals by defendants convicted summarily in the Magistrates Court

31
Q

Who sits in the Court of Appeal?

A

Lord and Lady Justices of Appeal (usually three at once)

32
Q

What the Court of Appeal’s criminal jurisdiction?

A

Appeals in criminal cases from the Crown Court by the defendant
References by Attorney-General on point of law or against lenient sentences
Cases referred by the Criminal Cases Review Commission

33
Q

Who sits in the Supreme Court?

A

Justices of the Supreme Court (usually five sitting at once)

34
Q

What is the Supreme Court’s criminal jurisdiction?

A

Appeals from the Court of Appeal (Criminal Division) and the Kings Bench Division
(Divisional Court)

35
Q

Who sits in the Privy Council?

A

Justices of the Supreme Court and Commonwealth judges who are members of the Privy Council (usually five sitting at once)

36
Q

What jurisdiction does the Privy Council have?

A

They hear appeals from certain Commonwealth countries.

37
Q

Who sits in the European Court of Justice?

A

Judges appointed with agreement from Member States
Assisted by Advocates-General

38
Q

What jurisdiction does the European Court of Justice have?

A

Preliminary rulings on EU law and actions of EU institutions
Actions against Member States for failure of obligations to fulfil their Treaty obligations

39
Q

Who sits in the European Court of Human Rights?

A

Judges from each state that is a party to the 1950 Convention

40
Q

What jurisdiction does the European Court of Human Rights have?

A

Hear cases on the alleged breaches of the European Convention on Human Rights

41
Q

What are rights of audience?

A

The right of a person to appear and conduct proceedings in court.

42
Q

What solicitors have rights of audience?

A

All solicitors have the right to appear in magistrates’ courts and crown courts, but they require the Higher Courts (Criminal/Civil Advocacy) Qualification to exercise such rights in the higher courts.

43
Q

Does the County Court, Family Court or Magistrates Court bind itself?

A

No

44
Q

Does the Crown Court bind itself?

A

No but the certainty of previous decisions are persuasive.

45
Q

Does the High Court bind itself?

A

As a court of first instance/in trial jurisdiction - no, but the certainty of previous decisions are persuasive.

As a Divisional Court in its appellate jurisdiction - yes, subject to the exceptions AND criteria in Young v Bristol Aeroplane Co Ltd.

46
Q

Does a Court of Appeal bind itself?

A

Yes, subject to the exceptions AND criteria in Young v Bristol Aeroplane Co Ltd.

47
Q

What are the exceptions which do not bind the High Court or Court of Appeal?

A

Where there are two conflicting decision, the court may choose which to follow

Where the previous decision conflicts with a Supreme Court (or House of Lords) decision

Where the decision was made without taking into consideration a statutory provision or a binding precedent

Where it was an interim decision by two judges

When it is inconsistent with a decision from the European Court of Human Rights

Where in a criminal matter, the decision is obviously wrong and would lead to the appellant remaining in jail

48
Q

Does the Supreme Court bind itself?

A

No, but they ordinarily follow its own decisions.

49
Q

What does it mean to ‘distinguish’ a case?

A

Where a court considers a case before it to be different in a material way from the precedent cited.

50
Q

What does it mean to ‘affirm’ a case?

A

A higher court agrees with an appeal before it from a lower case.

51
Q

What does it mean to ‘apply’ a case?

A

A court adopts statements or reasoning from another case.

52
Q

What does it mean to ‘depart’ from a case?

A

A court of one level disagrees with a previous decision, in another matter, by an equal court.

53
Q

What does it mean to ‘overrule’ a case?

A

A higher court comments on a previous unrelated decision by a lower court and declares it to be wrong.

54
Q

What does it mean to ‘reverse’ a case?

A

A higher court disagrees with an earlier decision in the same proceedings of a lower court.

55
Q

What is the structure of an Act of Parliament?

A

Royal Coat of Arms
A short title
A year and chapter number
A long title
Date of Royal Assent
Enacting formula
Sections/Provisions
Schedules

56
Q

What are the four methods of statutory interpretation?

A

Literal rule
Golden rule
Mischief rule
Purposive rule

57
Q

What is the literal rule?

A

Where the words are given their plain and ordinary meaning

58
Q

What is the golden rule?

A

Judges will apply if the literal rule would lead to an absurdity.

Where a word is capable of more than one meaning, a judge can select a meaning that does not produce an absurd result.

When a word only has one meaning, the court can read in extra words which avoids a result that is obnoxious to public policy.

59
Q

What is the mischief rule?

A

The court considers what mischief or defect in the existing law the statute was intended to remedy.

The mischief rule strives to allow interpretation of a statute in line with the intent of Parliament

60
Q

What is the purposive approach?

A

The court considers the reasons why the statute was passed and its purpose and will interpret on that basis

61
Q

Does a statute alter common law?

A

No, unless expressly stated.

62
Q

Can a statute act retrospectively?

A

No - it should apply to future actions only unless it is stated to have retrospective action.

63
Q

What happens to mens rea if a new criminal offence is introduced?

A

It is presumed that means rea is required in any new criminal offence, unless Parliament makes it clear that it is an offence of strict liability.

64
Q

What is strict liability?

A

Where intent is not required to prove a criminal offence has been committed

65
Q

Does legislation bind the Crown?

A

No, unless there is a clear statement to the contrary.

66
Q

What are intrinsic aids to statutory interpretation?

A

The statute itself
Interpretation sections

67
Q

What are extrinsic aids to statutory interpretation?

A

Interpretation Acts
Dictionaries
Other statutes
Hansard

68
Q

What are equitable remedies?

A

Specific performance
Account of profits
Rescission
Injunction

69
Q

What is the doctrine of habeas corpus?

A

No one can be detained without a lawful reason.

70
Q

What is Eiusdem Generis?

A

Where the judge has uses a rule of language to interpret a general term alongside more specific terms listed in the statute e.g. shock, burn and ‘other injuries’

Legal System of England & Wales (1 decks)

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