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SQE 1 (mine) > Legal Systems: Courts > Flashcards

Legal Systems: Courts Flashcards

1
Q

What is the order of the court system?

A
  1. Supreme Court
  2. Court of Appeal
  3. High Court
  4. Crown Court
  5. Magistrates, County and Family Court
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2
Q

What are the divisions of the Court of Appeal?

A

Criminal
Civil

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3
Q

What are the divisions of the High Court

A

Kings Bench
Chancery
Family

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4
Q

Who heads the divisions of the high court?

A

A president whos a senior judge

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5
Q

What are the Superior courts

A

Supreme Court
Court of Appeal
High Court
Crown Court

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6
Q

What are the Inferior Courts

A

County Court
Magistrates courts
Family Courts

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7
Q

What is the difference between the superior and inferior courts?

A

SUPERIOR: unlimited jurisdiction both geographically and financially, and
generally try the most important and difficult cases.
INFERIOR: limited geographical and financial jurisdiction, and deal with less and less important cases

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8
Q

What is the difference between trial and appellate courts?

A

TRIAL: ears cases at first instance, rules on fact and law
APPELATE: reconsider the application of legal principles to a case that has
already been heard by a lower court to correct errors of law and
occasionally fact and procedure

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9
Q

What are the Civil first instance courts?

A

High Court
Family Court
County Court

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10
Q

What are the criminal first instance courts?

A

Crown Court
Magistrates Court

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11
Q

What are the Civil appeal courts?

A

Court of Appeal (Civil Division)
High Court (all 3 Divisions)
Family Court

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12
Q

What are the criminal appeal courts?

A

Court of Appeal (Criminal Division)
High Court (KBD)

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13
Q

Civil appeals: who do you need permission from and what is the usual time limit?

A

Usually by the court being appealed
Sometimes by the appeal court
21d to file notice

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14
Q

Civil appeals: where does an appeal from a district judge go to?

A

circuit judge

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15
Q

Civil appeals: What is the usual route of appeal form the County Court (from a circuit judge decision)?

A

High Court

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16
Q

Civil appeals: What is the forum of an appeal in the HC called ?

A

‘divisional court’ meaning a panel of 2 judges (sometimes 1)

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17
Q

Civil appeals: What is the first appeal from the family court?

A

Within the family court to judge of higher level

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18
Q

Civil appeals: Where can you appeal to from the family court once you’ve appealed to a judge of a higher level?

A

CoA (civil division) with permission
Decisions by majority (usually 3 judges, sometimes 5 or 7)

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19
Q

Civil appeals: when will permission to appeal be given for a 1st appeal from the HC to CoA?

A

Real prospect of success
OR some other compelling reason

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20
Q

Civil appeals: when will permission to appeal be given for an appeal of something being appealed from the HC to CoA?

A

Real prospect of success
AND raises an important point of principle or practice OR theres some other compelling reason

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21
Q

Civil appeals: possible routes of appeal from the high court?

A

CoA (civil division) with permission
Leapfrog appeal to the Supreme Court

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22
Q

Civil appeals: conditions for a leapfrog appeal

A

(from high court to sc)
ONLY on points of law of general importance (eg. interpretation of a statute) and with the SC permission

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23
Q

Civil appeals: where/how do you appeal from the CoA?

A

Supreme Court
on points of law
permission required

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24
Q

Civil courts: Where are the county courts?

A

All over the
country

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25
Q

Civil courts: Who sits in the county court?

A

Circuit Judges
District Judges

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26
Q

Civil courts: What does the county court do?

A

Unlimited financial jurisdiction (although mainly low value claims)
General work inc:
Contract/tort
claims
Equity jurisdiction,
eg mortgages
Disputes over wills
Recovery of land
Disputes under the Consumer Credit Act

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27
Q

Civil courts: Where are the High courts?

A

London (The Royal Courts of Justice)
Circuit judges hear cases in District Registries in
major cities

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28
Q

Civil courts: Who sits in the high court?

A

High Court judge (usually
sitting alone)

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29
Q

Civil courts: What does the high court do?

A

Claims generally £100,000+ (£50,000 for PI)
KBD:
Contract/tort
Commercial, admiralty
JR
Specialised courts, eg Technology and Construction Court

CHANCERY DIVISION:
Wills and admin of estates
Trusts
Land and mortgage
Company law
Patents
Bankruptcy/Insolvency
Family Division

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30
Q

Where is the CoA?

A

In London
(The Royal Courts of Justice)

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31
Q

Who sits in the CoA?

A

Lord Justices of Appeal
(usually 3 sitting at once)

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32
Q

Civil courts: What does the CoA do?

A

Appeals in civil cases from:
High Court
County Court
Family Court
Certain tribunals

33
Q

Where is the Supreme Court?

A

London
(Parliament Square)

34
Q

Who sits in the Supreme Court?

A

Justices of the Supreme
Court (usually 5 sitting at once)

35
Q

Civil courts: What does the Supreme Court do?

A

Appeals from:
Court of Appeal
High Court (leapfrog appeal)
Court of Session in Scotland
Court of Appeal in NI

36
Q

What are the typical stages of civil litigation?

A
  1. Pre action
  2. Commencement (claim form)
  3. Defending claim
  4. Allocation
  5. Directions
  6. Hearing
  7. Judgement
  8. Enforcement
37
Q

What does the family court and the High Court (Family Division) do?

A

PUBLIC LAW (bought by public authorities or National Soc for Prevention for Cruelty to Children:
Care Orders
Supervision Orders
Emergency protection orders

PRIV LAW:
parental responsibility
financial issues
welfare arrangements
guardianship
preventing moving abroad

38
Q

What are the types of criminal offences?

A

Summary only: minor, MC
Indictable only: most serious, CC only
Either way: capable of being more/less serious depending on how they were committed

39
Q

Criminal procedure: summary offence

A
  1. Police investigate
  2. Police commence proceedings
  3. Preliminary hearing in MC
  4. Trial by magistrates
  5. Appeal (to HC or CC)
40
Q

Criminal procedure: Either way offence

A
  1. Police investigate
  2. Police commence proceedings
  3. Preliminary hearing in MC
  4. Plea before venue/allocation hearing (mag decide if suitable for summary trial, may send to CC or retain)
  5. Trial my magistrates
    OR
  6. Necessary hearings (timetable/prosecution disclosure ect)
  7. Trial in CC
  8. Appeal to CoA
41
Q

Criminal procedure: Indictable only offence

A
  1. Police investigate
  2. Police commence proceedings
  3. Preliminary hearing in MC
  4. Mag send to CC for trial
  5. Necessary hearings (timetable/prosecution disclosure ect)
  6. Trial in CC
  7. Appeal to CoA
42
Q

Criminal appeals: what is the route of appeal for a summary trail?

A
  1. MC to CC by defendant only:
    Against conviction on law/fact if plead NG
    Against sentence (=re hearing before judge and 2 mag) (no permission needed)
  2. Then/OR to HC (KBD) by either side by way if case stated on law
  3. THEN to SC by either side on points of law HC has certified is of general public importance AND SC or HC grants leave
43
Q

Criminal appeals: route of appeal for trials on indictment

A
  1. CC to CoA (criminal division)
    By D with leave against conviction/sentence on law/fact
    A-G reference procedure following acquittal to clarify law (doesnt affect acquittal) OR to replace sentence thats unduly lenient
  2. CoA (crim division) to SC
    By either side on law CoA has certified as of general public importance and CoA or SC has granted leave
44
Q

Criminal appeals: route of appeal from Judicial Committee of Privy Council

A

Supreme Court

45
Q

Where are the magistrates courts?

A

All over the country

46
Q

Who sits in the magistrates courts?

A

Lay magistrates (not legally qualified –
usually 3 sitting at once)
OR district judge (usually
sitting alone)

47
Q

What does the magistrates court do?

A

Issue of summonses and warrants for
search /​ arrest
Bail applications
Trials of summary offences
Mode of trial procedure to decide
whether case should be tried summarily or on indictment

48
Q

Where is the Crown Court

A

various centres across the country

49
Q

Criminal Courts: Who sits in the Crown Court?

A

High Court judge, circuit judge
OR recorder (usually sitting alone)
Jury for trials

50
Q

Criminal Courts: What does the Crown Court do?

A

Trials on indictment
Committals for sentence from MC where the magistrates sentencing powers are inadequate
Appeals by defendants convicted summarily in MC

51
Q

Criminal Courts: What does the CoA do?

A

Appeals in criminal cases from:
Crown Court by defendant
References by AG on points of law
or against lenient sentences
Cases referred by the Criminal Cases Review Commission

52
Q

Criminal courts: what does the SC do?

A

Appeals from:
CoA (Criminal Division)
KBD (Divisional Court)

53
Q

Other courts: Where is the Privy Council

A

London (Parliament Square)

54
Q

Other courts: Who sits in the Privy Council?

A

Justices of the Supreme Court and
Commonwealth judges
who are members of the
Privy Council (usually 5
sitting at once)

55
Q

Other courts: what does the privy council do?

A

Matters relating to disqualification of HoC members
Appeals from certain Commonwealth countries

56
Q

Other courts: what is the test for a case to be heard in the privy council?

A

Civil: case raises point of general public importance
Criminal: case raises questions of great and general importance OR theres a violation of principles of natural justice

57
Q

Other courts: time limit for applying to Privy Court for permission to appeal

A

56 days

58
Q

Other courts: where is the European Court of Justice

A

Luxembourg

59
Q

Other Courts: Who sits in the ECJ

A

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

60
Q

Other courts: what does the ECJ do?

A

Preliminary rulings on EU law and the actions of
EU institutions Actions against Member
States to determine whether they have failed
to fulfil their Treaty obligations
NB: influence reduced/ removed by repeal of the European Communities Act 1972

61
Q

Other courts: where is the European Court of Human Rights

A

strasbourg

62
Q

Other courts: who sits in the ECtHR

A

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

63
Q

Other courts: what does the ECtHR do?

A

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

64
Q

What are the basic presumptions as to rights of audience?

A
  1. everyone allowed case presented orally by an advocate
  2. professional advocates must be suitably qualified
  3. allowed to ask to address the court yourself and request will be received in a favourable light
  4. id choose above, court will be sceptical about involvement of anyone else seeking to advocate on your behalf, particularly if charging a fee
65
Q

What are ‘rights of audience’

A

the entitlement to make submissions in court

66
Q

What does the Legal Services Act say about the exercise of rights of audience?

A

Its a reserved legal activity and a person is entitled to carry on a reserved legal activity if authorised or exempt

67
Q

Who is authorised and exempt to carry out the reserved legal activity of exercising rights of audience?

A

Authorised: Solicitor/Barrister with regulatory approval
Exempt: litigants in person (temp entitlement granted by court on case by case basis)

68
Q

What courts do solicitors have rights of audience in?

A

Magistrates Court/County Court UNLESS doing appeal for client they/their firm represented in MC
OR CC/HC/CoA/SC if completed Civil/Criminal higher rights of audience advocacy qualification

69
Q

Who sits in a tribunal?

A

x1 legally qualified person
x2 non legally qualified

70
Q

What types of tribunals are there?

A
  1. administered through LA
  2. gov departments
  3. administered by HMCTS
71
Q

What is the structure of tribunals administered by HMCTS

A
  1. First Tier Tribunal: appeals against gov bodies/agency decisions (eg. social entitlement, regulatory, tax, immigration, asylum, property

2.Upper tribunal: mostly reviews appeals from first tier

72
Q

What chambers does the upper tribunal consist of?

A

Administrative appeals
Tax and chancery
Immigration and asylum
Lands and employment

73
Q

How many Supreme Court justices are there overall

A

12 (5 sit at a time)

74
Q

What are the criteria for deciding if a higher number than 5 justices should sit in the supreme court?

A

May depart from prev decision
Case has high constitutional importance
Case has great public importance
Conflict between pre decisions to be reconciled
Important point of ECHR

75
Q

What will the SC NOT hear cases on?

A
  • Relating to certain rules od court
  • By vexatious litigants
  • from CC on probate matter
  • certain issues relaring to the representation of the people act
  • against refusal by CoA to hear appeal from lower court
76
Q

What does the SC have a particular role doing (civil)

A

Hearing civil contempt of court matters
Devolution matters

77
Q

Time limit for applying to appeal from CoA to SC

A

28d CoA order

78
Q

Test for appeal to be heard in SC

A

Matter raised arguable point of law of general public importance that ought to be considered by SC bearing in mind the subject will already have been subject to judicial decision and may already have been reviewed on appeal

79
Q

What is the test for a criminal prosecution to be bought?

A
  1. is there sufficient evidence to provide a realistic prospect of conviction?
  2. is it in the public interest to prosecute?

SQE 1 (mine) (36 decks)

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