Overview Flashcards
What are the key features of an Act of Parliament?
Short title
Citation
Long title
Date of Royal Assent
Preamble
Parts
Sections and Subsections
Extent Provisions
Enabling Provisions
Rules of Interpretation
(1) Literal Rule
(2) Golden Rule
(3) Mischief Rule
(4) Purposive Rule
Features of a County Court
One of two courts which deal with cases on first instance
Generally handles lower value claims
Cases are put into one of three tracks: Small claims track, Fast track, Multi-track (different monetary requirements)
Features of a High Court
One of two courts which deal with civil cases on first instance
Acts as both a civil court of first instance (generally for high value multi-track cases) and as an appellate court for lower value cases
3 divisions: King’s Bench, Chancery, and Family
How to decide which Court hears a criminal case?
All criminal cases begin in the Magistrate’s Court
Less severe “summary offences” to be tried without a jury stay in the Magistrate’s Court
More severe “indictable offences” are tried in the Crown Court
“Either Way” offences are only tried in the Magistrate’s Court if (i) D agrees to be tried without a jury, and (ii) Mag’s Court accepts jxd (otherwise, transferred to Crown Court)
Solicitor’s Right of Appearance
Solicitors automatically have the right to appear before the lower courts (Mag’s Court, County Court, Family Court)
No such automatic right before Crown Court, High Court, Court of Appeal, or Supreme Court. Need to apply for a higher right of audience with the SRA.
What two factors are used when deciding to hear an appeal in a civil case?
(1) Seniority of the judge presiding over the original case
(2) The court in which the judge sat when reaching the original decision
Criminal Appeals to the Crown Court
Crown Court hears both appeals against SENTENCE and appeals against VERDICT.
However, if D has plead guilty, only the sentence can be appealed.
Involves a FULL rehearing of the case.
Criminal Appeals to the High Court
Either party can appeal to the High Court on the grounds that a Magistrate has incorrectly applied procedure.
Criminal Appeals to the Administrative Court
Either party can appeal to the Administrative Court on the grounds that the process of the judgement was incorrect + the court acted ultra vires (beyond the scope of it’s powers)
How to appeal a civil case
First, must seek permission to appeal from the court that made the initial judgement.
If that court refuses, you can make an application to the court in which the case will be appealed.
Criminal Appeals to the Court of Appeal
Only the convicted party can appeal
They can appeal either the conviction or the sentence
Criminal Appeals to the Supreme Court
A case can be sent from the Court of Appeals to the Supreme Court if (1) permission has been given, and (2) the point of law at issue is of public importance.
What is a court of coordinate jurisdiction?
A court of the same level that made a decision in a previous case
If there are two conflicting decisions by courts of coordinate jurisdiction, which is to be followed?
The later decision
