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Professional Conduct > Legal System of England and Wales > Flashcards

Legal System of England and Wales Flashcards

**Topic** - The Civil Court system - Criminal Courts structure - The Rules of Precedent - Legislation - Statutory interpretation

1
Q

What is the hierarchy of the four civil courts in England and Wales, beginning with the least senior?

A
  1. County Court (least senior)
  2. High Court
  3. Court of Appeal - Civil Division
  4. Supreme Court (most senior)
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2
Q

Where are the appeal tribunals heard?

A

Court of Appeal

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3
Q

Where can claims be started/courts of first instance?

A

In the County Court and the High Court

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4
Q

What are the names of the two courts that only hear appeals?

A
  1. Court of Appeal
  2. Supreme Court
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5
Q

What type of proceedings are commended in the County Court?

A
  • Personal injury claims of less than £50k
  • Non-PI claims of less than £100k
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6
Q

What type of proceedings are commended in the High Court?

A
  • Personal injury claims of £50k or more
  • Non-PI claims of £100k or more
  • Claims justified on the grounds of
    a) financial value/amount in dispute
    b) complexity of facts/legal issues/remedies/ procedures
    c) importance to the public
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7
Q

Does the County Court have separate divisions?

A

No

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8
Q

What complexity/value of claims is the County Court known for generally?

A

Less complex, lower value

Where a special judge is not required

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9
Q

What are the names of the three divisions the High Court is divided into?

A
  1. Chancery Division
  2. King’s Bench Division
  3. Family Division
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10
Q

What type of matters does the Family Division deal with?

A

Matrimonial and related matters

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11
Q

What are the names of the two divisions in the Court of Appeal?

A
  1. Civil Division
  2. Criminal Division
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12
Q

Which court is the final court of appeal for majority of cases in practice?

A

Court of Appeal

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13
Q

What is the appeal of a decision of a claim in the Supreme Court subject to the requirement of?

A

If the issue raised is of ‘general public importance’

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14
Q

What is the hierarchy of judges in the County Court, beginning with the least senior?

A
  1. Deputy District Judges (least senior)
  2. District Judges
  3. Recorders
  4. Circuit Judges (most senior)
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15
Q

What is the hierarchy of judges in the High Court, beginning with the least senior?

A
  1. High Court Masters (least senior)
  2. High Court Judges (most senior)
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16
Q

What is the name of judges in the Court of Appeal?

A

Judges of the Court of Appeal

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17
Q

What is the name of judges in the Supreme Court?

A

Justices of the Supreme Court

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18
Q

What is the hierarchy of the five categories of criminal courts in England and Wales, beginning with the least senior?

A
  1. Magistrates’ Court/Youth Court
  2. Crown Court (as a trial and appeal court)
  3. High Court - Queens Bench Division
  4. Court of Appeal - Criminal Division
  5. Supreme Court
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19
Q

What is the ‘tribunal of fact’?

A

A person or group of people who determine the facts of a legal dispute by analysing evidence

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20
Q

What is a ‘tribunal of law’?

A

Specialist judicial bodies who decide disputes in specific areas of law

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21
Q

Where do all adults have their first hearing?

A

At the magistrates court

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22
Q

Does the magistrates court have a criminal appellate jurisdiction?

A

No

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23
Q

What trials do the Magistrates Court hear?

A
  • Summary only offences
  • Either-way offences where Magistrate accept jurisdiction and defendant consents to a trial in the Magistrates court
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24
Q

Is there a jury in the Magistrates?

A

No

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25
Q

Who else have their first hearings in the Magistrates, in addition to all adults?

A

Youths jointly charged with adults

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26
Q

What two types of court is the Crown Court divided into?

A
  1. Predominantly a trial court
  2. Hears appeals and committals
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27
Q

Is there a jury at the Crown Court?

A

Only for trials

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28
Q

Where are the specialist courts located within the civil court system?

A

King’s Bench Division

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29
Q

Where are the following ‘lists’ located within the civil court system?

A
  • Business List
  • Property, Trusts and Probate List
  • Intellectual Property List
  • Competition List
  • Revenue List
  • Insolvency and Companies List
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30
Q

Where is the ‘General KBD List’ located within the civil court system?

What areas does the General KBD list cover?

A

KBD

Broad areas including
- Damages for personal injury
- Professional injury
- Breach of contract
- Non-payment of debt
- Breach of statutory duty
- Other matters that do not fall within specialist courts/lists

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31
Q

Where is the ‘Administrative Court’ located within the civil court system?

What areas does the Administrative Court cover?

A

KBD

Covers administrative law - the lawfulness of acts and omissions of the state

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32
Q

What court is the Planning Court a part of?

A

The administrative court

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33
Q

Where is the ‘Administrative Court’ located within the civil court system?

What areas does the Planning Court cover?

A

KBD

  • Appeals
  • Applications relating to:
  • planning permission
  • highways
  • rights of way
  • compulsory purchase orders
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34
Q

Where is the ‘Commercial Court’ located within the civil court system?

What areas does the Commercial Court cover?

A

KBD

  • Business disputes
  • Arbitration
  • Aviation
  • Banking and financial markets
  • Fraud
  • Insurance
  • Shipping
  • Often international disputes
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35
Q

Where is the ‘Circuit Commercial Court’ located within the civil court system?

What areas does the Circuit Commercial Court cover?

A

KBD

Covers areas of commercial work like:
- Commercial contracts
- Sale of goods
- Insurance
- Banking
- Professional negligence

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36
Q

Where is the ‘Technology and Construction Court’ located within the civil court system?

What areas does the Technology and Construction Court cover?

A

KBD

  • Construction
  • Engineering
  • Computers
  • Software
  • Environmental
  • Public procurement
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37
Q

Where is the ‘Admiralty Court’ located within the civil court system?

What areas does the Admiralty Court cover?

A
  • Shipping
  • Maritime
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38
Q

What are areas within business lists that may overlap between the Chancery Division and the King’s Bench Division in the civil court system?

A
  • Bankruptcy
  • Partnerships
  • Company matters
  • Contract claims
  • Tort claims
  • Commercial matters
  • Other contract and tort claims
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39
Q

Where is the ‘Insolvency and Companies List’ located within the civil court system?

What areas does the Insolvency List cover?

A

Chancery Divison

Insolvency includes personal and corporate insolvency

Companies includes
- unfair prejudice petitions
- shareholders disputes
- directors’ disqualification
- applications under the CA 2006

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40
Q

Where is the ‘Revenue List’ located within the civil court system?

What areas does the Revenue List cover?

A

Claims involving major points relating to taxation where HMRC is a party

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41
Q

Where is the ‘Competition List’ located within the civil court system?

What areas does the Competition List cover?

A

Competition law

42
Q

Where is the ‘Property, Trusts and Probate List’ located within the civil court system?

What areas does the Property, Trusts and Probate List cover?

A

Land matters including

  • Landlord and tenant
  • Administration of estates
  • Execution of trusts
  • Charities
  • Probate
43
Q

Where is the ‘Intellectual Property List’ located within the civil court system?

What areas does the Intellectual Property List cover?

A

IP areas e.g.,

  • Patents
  • Registered designs
44
Q

What do the ‘Business and Property Courts’ comprise of?

A

All of the specialist courts in KBD and all of the ones in the Chancery Division

45
Q

Which list is a part of both KBD and Chancery Division?

A

Financial list

  • hearing financial disputes of £50m or more in value
46
Q

Where is the ‘Business List’ located within the civil court system?

What areas does the Business List cover?

A
  • Business structure
  • Directors’ breach of duty
  • Tort
  • Breach of contract
  • Pensions
  • Financial services
47
Q

Where do defendants have their first hearing?

A

In the magistrates or Youth Court

48
Q

What offences are heard at trial in the Crown Court?

A
  • All indictable only offences
  • Either-way offences where magistrates has declined jurisdiction
  • Summary only offences where it is joined to an indictable/either-way offence
49
Q

What sentencing powers does the Crown Court have when it comes to imprisonment, fines etc.?

A
  • Imprisonment for life or less
  • Fines, which can be unlimited or less
  • Award costs and ancillary orders
  • Committals for sentence
50
Q

Which courts does the Crown Court hear appeals against sentence and convictions from?

A

Magistrates and Youth Court

51
Q

What does the High Court have power do do in the criminal courts structure?

A
  • ‘State a case’
  • Judicially review decisions of magistrates’ or Youth Court
  • Judicially review same case that has been heard on appeal by the Crown Court
52
Q

Where does the Court of Appeal in the Criminal Division heard appeals from?

A

Crown Court

53
Q

Are there any first hearings in the Court of Appeal?

Why/why not?

A

No because the Court of Appeal is not a trial court

54
Q

Is there a jury in the Court of Appeal (Criminal Division)?

A

No

55
Q

Does the Court of Appeal pass sentences on a defendant?

A

No

56
Q

Does the Court of Appeal have the power to alter sentences on appeal?

A

Yes

57
Q

What alterations can the Court of Appeal in the Criminal Division make for appeals against sentences from the Crown Court?

A
  • Dismiss
  • Uphold
  • Replace

Only in a way that is on par or less than what the Crown Court had originally imposed

58
Q

What alterations can the Court of Appeal in the Criminal Division make for appeals against convictions from the Crown Court?

A
  • Dismiss
  • Uphold
  • Quash
  • Order for retrial an application by the prosecution
59
Q

What alterations can the Court of Appeal in the Criminal Division make for appeals against ruling made at a prepatory hearing in a serious fraud case from the Crown Court?

A

Court of Appeal can

  • Dismiss the appeal
  • Reverse the ruling of the trial judge and remit matter back to Crown Court
60
Q

What alterations can the Court of Appeal in the Criminal Division make for appeals against terminatory ruling from the Crown Court?

A

Court of Appeal can

  • Dismiss the appeal
  • Reverse the ruling of the trial judge and remit matter back to Crown Court
61
Q

What alterations can the Court of Appeal in the Criminal Division make for an Attorney General’s application to increase sentence where it is unduly lenient ruling from the Crown Court?

A

Court of Appeal can

  • Dismiss the appeal
  • Increase sentence to any sentence that the Crown Court would have passed
62
Q

What alterations can the Court of Appeal in the Criminal Division make for Attorney General’s application on a point of law following an acquittal?

A

Court of Appeal can give their opinion to clarify the law but it has no effect on the acquittal of the defendant

63
Q

What alterations can the Court of Appeal in the Criminal Division make for determining a reference from the Criminal Cases Review Commission?

A

The Court of Appeal can

  • Dismiss the reference
  • Quash the conviction
  • Order for retrial on application by the prosecution
64
Q

What is required from the Court of Appeal for one of their decisions to be appealed in the Supreme Court?

A

Leave

65
Q

When will leave for a Court of Appeal decision be granted for a point of law to be heard in the Supreme Court?

A

Only when it is a point of law of general public importance

66
Q

Which court(s) is precedent binding on in the Supreme Court?

A

All inferior courts but not always binding on itself

67
Q

Which court(s) is precedent binding on in the Court of Appeal?

A
  • All inferior courts
  • Itself
68
Q

Which court(s) is precedent binding on in the High Court?

A
  • All inferior courts
  • Itself

UNLESS its a decision taken by a single judge

69
Q

Which court(s) is precedent binding on in the Upper Tribunal?

A
  • First Tier Tribunal
  • Inferior courts
  • Itself
70
Q

Which court(s) is precedent not binding on?

A
  • First Tier Tribunal
  • Family Court
  • County Court
  • Crown Court
  • Magistrates Court
  • Privy Council
71
Q

What is the effect of the 1966 Practice Statement?

A

The Supreme Court was no longer bound by its own previous decisions and could depart when it appears rights to do so

72
Q

What are the exceptional rules to the Court of Appeal (Civil Division) being bound by its own decisions?

A
  • Where the Court of Appeal is faced by two conflicting decisions of its own
  • Refuse its own decision if it conflicts with a Supreme Court decision
  • If previous Court of appeal decision has been considered to have been given per incuriam
73
Q

What is the meaning of per incuriam?

A

‘through lack of care’

If a decision is made in ignorance of a relevant statutory provision or a relevant, binding decision of court, and awareness of that earlier provision or decision would have led to a different result.

74
Q

Where may the Court of Appeal in the Criminal Division be more ‘flexible’ and potentially not be bound by its own previous decisions?

A

Should be more flexible in the interests of justice, where the liberty of a subject was being determined

75
Q

What are the categories of legistlation?

A
  1. Primary legislation
  2. Secondary legislation
76
Q

What is the name of primary legislation referred to?

A

‘Acts of Parliament’

77
Q

How do Acts of Parliament come to pass?

A
  1. Act of Parliament put before Parliament as a draft legislitation i.e., a ‘bill’
  2. Debated and passed in both Houses of Parliament
  3. Act of Parliament receives ‘royal assent’ before becoming law
78
Q

What is ‘royal assent’?

A

Formal approval by the monarch before becoming law

79
Q

Who is secondary legistlation created by?

A
  • Ministers
  • Other bodies
80
Q

How do ministers or other relevant bodies create secondary legislation?

A

Under powers given to them by an Act of Parliament

81
Q

What is the usual purpose of secondary legislation?

A

To fill in the details of Acts, which provide practical measure to enable the law to be enforced and operate in daily life

82
Q

What two categories of Acts are there within the Acts of Parliament?

A
  1. Public (or general) Acts
  2. Private (or personal) Acts
83
Q

What do Public Acts [of Parliament] related to matters concerning?

A

General public concern

84
Q

What do Private Acts [of Parliament] related to matters concerning?

A

Particular places or particular people

85
Q

When does an Act of Parliament take effect?

A

From the day it receives Royal Assent, unless there is a contrary provision in the statute

86
Q

What does ‘extent’ refer to when seen on an Act of Parliament?

A

Means the geographical area to which it applies

87
Q

How do you know when the commencement date of an Act of Parliament is?

A

Looking at notes under the section you are considering… as different sections might have come into force on different dates

88
Q

Whose responsibility it is to interpret the will of Parliament as expressed in the relevant legislation?

A

Function of the courts

89
Q

Which House can a bill be introduced into?

A

Either House of Commons or Lords

90
Q

What does a bill become on the date of Royal Asset?

A

An Act of Parliament

91
Q

Does the bill that has become an Act of Parliament come into force straightaway?

A

No - may come into force later

92
Q

Who is statutory interpretation primarily a task for?

A

Judges

93
Q

What is ‘statutory interpretation’?

A

Working out Parliament meant by words it enacted in [any piece of] legislation

94
Q

What is the ‘literal rule’ when doing statutory interpretation?

A

Courts look at words of statute and give them their ordinary, plain and natural meaning

95
Q

What rule has been adopted by judges to avoid the sometimes unnatural and absurd outcome that may come as a result from over-literal application of statute?

A

Golden rule

96
Q

How is the golden rule applied in practice when interpreting statute?

A

By taking the whole statute, giving the words their ordinary meaning unless they produce an outcome so absurd or inconsistent, that the court believes the meaning of the words couldn’t have been used in a way of their ordinary meaning and thus put another meaning

97
Q

What is the purpose of the ‘mischief rule’?

A

To examine the purpose/content of the original legislation to cover the gaps in interpreting the new statute

98
Q

What is the name of the most recent rule in statutory interpretation that most accurately reflects how judges approach their interpretative role/tasks as judges?

A

The purposive rule

99
Q

What does the purposive rule allow?

A

Allows judges to look beyond the strict language of the law and achieve a just and reasonable outcome that upholds the intention of the legislation

100
Q

What is the approach of judges used in contemporary times now?

A

Mixture of the ‘literal rule’ and ‘purposive rule’, respectively, where there is ‘tension’ between the two

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