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Chartered Governance Institution - Foundation Programme > Module 2, Chapter 4 - Administration Of The Law > Flashcards

Module 2, Chapter 4 - Administration Of The Law Flashcards

1
Q

What is meant by Courts with a first instance jurisdiction?

A

When a case is first heard by a court, it is said to be ‘heard at first
instance’. Some courts (e.g. magistrates’ courts) primarily hear first instance cases.

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2
Q

What is meant by Courts with an appellate jurisdiction?

A

The losing party in a case heard at first instance may have the right to apply to a higher court (or, in some cases, the same court) to seek to have the first-instance decision overturned. This is known as an ‘appeal’ and some courts (e.g. the Court of Appeal) only hear appeals.

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3
Q

What type of cases do Magistrates’ Courts hear?

A

Magistrates’ Courts primarily hear first-instance criminal cases, but they do also have a limited civil jurisdiction.

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4
Q

Who resides in a Magistrates’ Court?

A
  1. Magistrates/ Justices of the Peace (not legally qualified).
  2. District judges can also hear cases (although the vast majority are heard by magistrates).
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5
Q

What percent of criminal cases are heard in a Magistrates’ Court?

A

Over 95% of all criminal cases are heard in a magistrates’ court. The other cases will be heard in the Crown Court.

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6
Q

What are the three categories of criminal offences?

A
  1. Summary offences
  2. Offences triable on indictment only
  3. Offences triable either way
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7
Q

Define ‘summary offences’ and provide an example.

A

These are minor offences which are tried in a Magistrates’ Court. Examples include:

  1. Failure to keep company registers
  2. Failure to keep board minutes
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8
Q

Define ‘Offences triable on indictment only’ and provide an example.

A

These are serious offences, which are usually tried in the Crown Court. Examples include:

  1. Failure of a commercial organisation to prevent bribery
  2. False accounting
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9
Q

Define Offences triable either way and provide examples.

A

These are offences that have the potential to be minor or serious. Depending on their severity, they can
be tried summarily in a magistrates’ court or on indictment in the Crown Court. Examples include:

  1. Insider dealing
  2. Acting as a director while disqualified
  3. A public company failing to hold an annual general meeting
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10
Q

Defendants convicted of a criminal offence in a Magistrates’ Court can appeal their conviction and/or sentence to which courts?

A
  1. Crown Court; or
  2. Appeal ‘by way of case stated’ to the High Court.
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11
Q

The civil jurisdiction of the Magistrates’ Court is small. Provide examples of cases heard.

A
  1. The recovery of unpaid council tax and unpaid utility bills.
  2. Appeals from parties relating to local council decisions to grant licences to entertainment or gambling
    establishments
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12
Q

The County Court only hears what type of cases?

A

Civil Cases (most business disputes will be tried here).

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13
Q

Who hears cases in the County Court?

A

Cases are heard by a district or circuit judge, with the latter hearing more complex cases.

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14
Q

Where are appeals in the County Court directed to?

A

A decision of a district judge can be appealed to a circuit judge and a decision of a circuit judge can be appealed to the High Court.

An appeal may also go directly to the Court of Appeal if it raises important points of principle or practice.

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15
Q

What does CPR stand for?

A

Civil Procedure Rules.

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16
Q

What cases do the small claims track hear?

A
  1. Any claim for £10,000 or less
  2. Heard in the County Court, subject to some exceptions (e.g. personal injury claims,
    where the claim is worth not less than £10,000, but the damages for personal injuries
    is over £1,000).
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17
Q

What cases do the fast track hear?

A

A claim will be allocated to the fast track and normally heard in a County Court if:

  1. The small claims track is not the normal track
  2. The value of the claim is not more than £25,000
  3. The court considers that the trial will last no longer than one day
  4. Oral evidence will be limited to one expert per party.
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18
Q

What cases do the multi-track hear?

A

A case that does not fit into the small claims track or fast track will be allocated to the multi-track. These are normally complex claims and/or claims involving larger amounts, so will normally be heard in the High Court.

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19
Q

Almost all cases heard in the Crown Court are criminal cases. Provide four examples of the cases heard in this court.

A
  1. Offences triable by indictment only.
  2. Either-way offences that have been sent to the Crown Court for trial
  3. Sentencing defendants who have been convicted of an either way offence by a Magistrates’ Court where the magistrates have sent the case to the Crown Court for sentencing
  4. Appeals from those summarily convicted in a Magistrates’ Court (Magistrates’ Courts Act 1980, s. 108).
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20
Q

First instance cases heard in a Crown Court can be appealed to which court?

A

The High Court.

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21
Q

A defendant convicted in a Magistrates’ Court who has his appeal to the Crown Court dismissed may appeal to which division?

A

Criminal Division of the Court of Appeal.

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22
Q

Who hears Crown Court cases?

A

Crown Court cases are heard by a single judge and a jury of 12 persons.

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23
Q

The High Court of Justice consists of which three divisions?

A
  1. The Chancery Division
  2. The Queen’s Bench Division
  3. The Family Division
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24
Q

High Court decisions in civil cases can be appealed to which division and court?

A
  1. The Civil Division of the Court of Appeal
  2. The Supreme Court (if of national importance, or is justified)
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25
High Court decisions in criminal cases can be appealed to which court?
1. The Supreme Court
26
A number of specialist courts and lists also exist within the Chancery Division. List three.
1. The Patents Court which hears cases relating to patents and designs. 2. The Intellectual Property Enterprise Court, which hears higher-value patent cases, and trade mark and copyright disputes. 3. The Companies List, which hears certain cases relating to companies, especially insolvent companies.
27
The Queen’s Bench Division is the largest division of the High Court, largely due to the breadth of its jurisdiction. List five cases it hears.
1. First instance civil claims, especially in contract and tort; 2. Hearing appeals from the decisions of circuit judges in the County Court; 3. Hearing criminal appeals by way of case stated from a Magistrates’ Court; 4. Hearing criminal appeals on points of law from the Crown Court; and 5. Hearing judicial review cases (i.e. cases alleging that courts, or public bodies and persons have acted outside their powers).
28
The Queen’s Bench Division also has its own specialist courts. List three of these courts.
1. The Administrative Court 2. The Commercial Court 3. The Technology and Construction Court
29
The Court of Appeal consists of which two divisions?
The Civil Division and the Criminal Division.
30
The Civil Division (of the Court of Appeal) hears which cases?
1. Appeals from decisions of the High Court AND County Court. 2. Appeals from the Upper Tribunal and the Employment Appeal Tribunal. 3. Reopened cases where there's no effective remedies available.
31
The Criminal Division (of the Court of Appeal) hears which cases? List four examples.
1. Appeals from the Crown Court. 2. Prosecutors can apply to the Criminal Division for an order quashing a defendant’s acquittal in cases where ‘new and compelling’ evidence has come to light. 3. The Criminal Cases Review Commission can refer convictions to the Criminal Division. 4. The Attorney General can refer certain cases to the Criminal Division.
32
The Supreme Court of the United Kingdom is the UK's final appeal court. Why?
Because its decisions cannot be appealed.
33
The Judicial Committee of the Privy Council acts as the final appeal court for what?
1. Commonwealth countries. 2. UK overseas territories. 3. Crown dependencies.
34
How many tribunal cases are held in a year?
Over 1 million cases.
35
Who hears tribunal cases?
A legally qualified chairperson (usually a Tribunal judge) and laypersons (known as Tribunal members) who are not legally qualified.
36
Why are there more tribunal cases than court cases? List four reasons.
1. Tribunal cases are often cheaper and decided more quickly than court proceedings, largely because there is no need to engage lawyers. 2. Tribunals are not subject to the mass of rules that courts are subject to nor are they bound by precedent, meaning that they can operate in a more flexible manner. 3. It is easier to have a case heard before a tribunal than before a court. 4. Although many tribunal cases are open to the public, they tend to attract less publicity than court cases.
37
What are the names of the three pillars of the UK's tribunal system?
1. First-Tier Tribunal. 2. Upper Tribunal. 3. Specialist tribunals.
38
What are the benefits of ADR?
1. ADR can be cheaper and quicker than commencing proceedings in a court. 2. As certain forms of ADR focus more on the parties reaching an agreement, it is more likely to preserve the parties’ relationship, thereby allowing them to do business again in the future. 3. Legal proceedings are played out in the public arena and any resulting publicity may have an adverse effect upon a company’s reputation and/or share price, or provide the company’s competitors with useful information.
39
List the main three types of ADR.
Arbitration, mediation, and conciliation.
40
What does Arbitration involve?
The parties must both agree to refer their dispute to an impartial third party, known as an ‘arbitrator’.
41
What general duties are Arbitrators are subject to?
1. Act fairly and impartially as between the parties, giving each party a reasonable opportunity of putting their case and dealing with that of his opponent. 2. To adopt procedures suitable to the circumstances of the case, avoiding unnecessary delay or expense, so as to provide a fair means for the resolution of the matters falling to be determined.
42
Why is Arbitration similar to legal proceedings?
1. Both parties will often have lawyers representing them. 2. The decision of the arbitrator is binding upon the parties and can be enforced by court order. 3. The decision of the arbitrator can be appealed to a court (albeit on more limited grounds than in legal proceedings).
43
Why is Arbitration NOT similar to legal proceedings?
A significant difference is that, unlike court proceedings, arbitration hearings are confidential and are not conducted in public.
44
What are the negatives of Arbitration?
A notable issue with arbitration is it does involve imposing a decision on the parties. If the parties wish to undertake a more collaborative form of ADR under which they control the outcome, then mediation or conciliation may be preferable.
45
What does Mediation involve?
Mediation involves the parties appointing a mediator, who will then facilitate discussion between the parties in an attempt to reach a voluntary and mutually acceptable agreement. This agreement is not usually legally binding, although the parties may choose to make it binding by placing the terms of the agreement in a contract and signing it.
46
What are some of the advantages Mediation has over Arbitration?
1. It allows the parties to reach a mutually acceptable solution, as opposed to an imposed solution that might be unacceptable to one or both of the parties. 2. The parties are more likely to do business or work together in the future if they can reach a mutually acceptable agreement themselves.
47
What is one disadvantage of Mediation?
Mediation provides no guarantee that the parties can reach an agreement.
48
Conciliation is similar to mediation, in that the parties will appoint a conciliator to help them reach a mutually acceptable solution to their dispute. What is the main difference between them therefore?
The difference is that a mediator facilitates dialogue, whereas a conciliator takes a much more active role and will lead the discussion and propose solutions to the dispute. Conciliation does tend to be used in a preventative manner (i.e. to help resolve a dispute as soon as it arises and to prevent it from becoming more substantial).
49
What is the Lord Chief Justice?
The Lord Chief Justice is the UK’s most senior judge and occupies a number of other roles, including (i) the President of the Courts of England and Wales; (ii) Head of the Judiciary of England and Wales; (iii) the Head of Criminal Justice (unless the Lord Chief Justice appoints someone else to this role); and (iv) President of the Criminal Division of the Court of Appeal.
50
What is the President of the Supreme Court?
The President (along with the Deputy President) is responsible for the administrative running of the Supreme Court (e.g. choosing which Justices hear which cases)
51
What is the Master of the Rolls?
The Master of the Rolls is the President of the Civil Division of the Court of Appeal and the Head of Civil Justice.
52
Who are the Heads of Division?
There are three Divisions of the High Court, each of which has a head. The Head of the Chancery Division is called the Chancellor of the High Court, whereas the Heads of the other two Divisions are known as Presidents.
53
Where do Justices of the Supreme Court sit?
Primarily the Supreme Court and Judicial Committee of the Privy Council, but they can occasionally hear cases in the Court of Appeal and the High Court.
54
Where do Lord/Lady Justices of Appeal sit?
Primarily the Court of Appeal, but they can also hear cases in the High Court, the County Court, and the Crown Court.
55
Where do High Court judges/deputy High Court judges sit?
Primarily the High Court, but can also hear cases in the Court of Appeal and the Crown Court.
56
Where do Circuit judges/deputy circuit judges sit?
Primarily the Crown Court and the County Court, but can also be called upon to hear cases in the Criminal Division of the Court of Appeal.
57
Where do Recorders sit?
They hear cases in the Crown Court and the County Court.
58
Where do District judges/deputy district judges sit?
Primarily the County Court, but they can also hear cases in the High Court and a magistrates’ court.
59
Who are the law officers?
The law officers are are the government’s chief legal advisers.
60
Who is the DPP?
The DPP, who is appointed by the Attorney General, is the Head of the Crown Prosecution Service. Certain prosecutions (e.g. assisted suicide) can only proceed with the consent of the DPP.
61
The UK splits its legal profession into three distinct occupations. Name them.
Solicitors, barristers, and legal executives.
62
What do solicitors assist with?
Solicitors are usually the first point of contact for anyone that has a legal issue. The work undertaken by solicitors varies hugely and often depends on the type of business they work for. Solicitors can only advocate in certain courts (known as their ‘rights of audience’), namely a magistrates’ court, the County Court and, in limited cases, the Crown Court.
63
What type of work do barristers involve themselves with?
1. They represent clients in court (barristers have rights of audience to advocate in any court). 2. They will often provide instructing solicitors and clients with a written opinion on the issues raised in a case, the relevant law and the case’s likelihood of success. 3. They will draft documents for clients, such as contracts, wills, etc.
64
Who are Chartered legal executives/CILEX Lawyers?
Legal executives are qualified, fee earners; lawyers who can undertake much of the same work as a solicitor and who can even be appointed as district judges. To qualify as a Chartered legal executive, a person had to complete the Professional Qualification in Law offered by the Chartered Institute of Legal Executives (CILEX).
65
What is a paralegal?
A paralegal is someone who conducts legal work but they have usually not qualified as a solicitor, barrister or legal executive. Anyone can call themselves a paralegal and there are no formal qualifications that must be undertaken, although CILEX is offering qualifications that will enable persons to become a CILEX Paralegal or CILEX Advanced Paralegal.

Chartered Governance Institution - Foundation Programme (22 decks)

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