Legal System of England and Wales Flashcards
What is a key feature of the common law system in England and Wales?
It relies on statutes, regulations, and judgments (Urteile) from previous cases.
How do judges function in the common law system?
Judges act as neutral umpires (Schiedsrichter), not inquisitors (Ermittler). They decide disputes without investigating themselves.
What are the four key parts of an Act of Parliament?
- Preamble
- Extent provision
- Short title
- Enabling provision
What distinguishes primary from secondary legislation?
Primary legislation is passed by Parliament directly. Secondary (and tertiary) legislation is created under Parliament’s authority (statutory instruments).
Which County Court track applies to claims under £10,000?
Small Claims Track (or under £1,000 for personal injury).
Which track applies to claims between £10,000 and £25,000?
Fast Track (or up to £10,000 in PI cases).
Which track is used for claims between £25,000 and £100,000?
Intermediate Track.
What is the monetary threshold for High Court cases?
£100,000 in general or £50,000 in personal injury cases.
Which High Court division handles judicial review?
The King’s Bench Division (includes the Administrative Court).
Which High Court division handles land and trust disputes?
The Chancery Division.
Which High Court division deals with adoption and divorce?
The Family Division.
What is mediation?
A neutral third party helps both sides reach a solution without imposing one.
What is arbitration?
A neutral third party hears both sides and makes a binding decision.
What is a negotiated settlement?
The parties resolve the dispute themselves, without third parties.
Which court hears summary-only criminal offences?
The Magistrates’ Court.
Which court hears indictable-only offences?
The Crown Court.
Which court hears either-way offences?
Either Magistrates’ or Crown Court, depending on choice and severity.
What is the max sentence the Magistrates’ Court can impose?
Six months for a single offence.
Can a solicitor represent a defendant in the Crown Court?
Only if they have additional advocacy qualifications.
To whom can a party appeal from a District Judge in County Court?
To a Circuit Judge in the County Court.
To whom can you appeal from a Circuit Judge?
To a High Court Judge.
What is required for permission to appeal in civil cases?
Real prospect of success OR another pressing reason.
Where can a defendant appeal from Magistrates’ Court?
To Crown Court (full rehearing) or High Court (on law only).
What is the deadline to appeal a Magistrates’ Court decision?
21 days from the decision.
