Resolving Legal Disputes (Week 2) Flashcards

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1
Q

What is the purpose of the CROWN COURT?

A

The Crown Court deals mainly with appeals against conviction and/or sentence in respect of criminal offences dealt with in the Magistrates’ court, including orders such as disqualification from driving or Anti-Social Behaviour Orders.

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2
Q

What is the purpose of the COUNTY COURT?

A

The County Court deals with civil (non-criminal) matters.

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3
Q

What is the purpose of the HIGH COURT?

A

It deals at first instance with all high-value and high-importance civil law (non-criminal) cases. Cases that are of higher value than the cases that are dealt with by the county court.

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4
Q

THE MAGISTRATES’ COURT

Which of the following correctly identifies the two types of offences The Magistrates’ Court hears?

a) Summary offences

b) Indictable offences

c) Triable either way offences

A

a) Summary offences

c) Triable either way offences

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5
Q

CROWN COURT

Which of the following is true?

a) The Crown Court is a civil court

b) A jury will sit in the Crown Court

c) The Crown Court hears appeals from the Court of Appeal

d) The Crown Court hears less serious criminal cases

A

b) A jury will sit in the Crown Court

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6
Q

THE COUNTY COURT

a) Businesses trying to recover the money they are owed

b) Individuals seeking compensation for injuries

c) Landowners seeking orders that will prevent trespass

d) A case involving someone accused of shoplifting

A

a) Businesses trying to recover the money they are owed

b) Individuals seeking compensation for injuries

c) Landowners seeking orders that will prevent trespass

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7
Q

THE HIGH COURT

Which of the following is not a division of the High Court?

a) Chancery Division

b) Family Division

c) Criminal Division

d) King’s Bench Division

A

c) Criminal Division

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8
Q

THE COURT IF APPEAL

How many divisions does the court of Appeal have?

a) 1

b) 2

c) 3

d) 4

A

b) 2

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9
Q

THE SUPREME COURT

Which court did the supreme court replace?

a) The highest court

b) The house of lords

c) the house of commons

d) the upper-tier court

A

b) the house of lords

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10
Q

THE HIERARCHY OF THE COURT SYSTEM

Why is the court system hierarchical?

a) It makes sure all appeals go to the lower courts.

b) It allows the best practising solicitors and barristers to become judges; showing that the best go to the top and that the standard of judges is maintained.

c) Courts are positioned in a structure where some courts are superior to others. Through the doctrine of binding precedent, the decisions of the superior courts are binding on the lower courts.

d) It allows special and specific powers to the Supreme Court and Court of Appeal (both divisions).

A

c) Courts are positioned in a structure where some courts are superior to others. Through the doctrine of binding precedent, the decisions of the superior courts are binding on the lower courts

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11
Q

THREE DIVISIONS

What are the three divisions of the High Courts of justice (HCJ)?

a) Family Division, King’s Bench Division and
the Equity Division

b) King’s Bench Division (KBD), Chancery Division (CD) and the Family Division (FD)

c) The Fast-Track Division, the Multi-Track Division and the Smaller Claims Division

d) Chancery Division, Master of the Rolls Division and the Supreme Court Division

A

b) King’s bench division (KBD), Chancery division (CD), and the Family division (FD)

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12
Q

WHICH COURT? (1/6)

William, on charge of manslaughter of pupils at downtown hall.

A

Crown Court

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13
Q

WHICH COURT? (2/6)

Bill Sykes, who wishes to appeal against his murder conviction.

A

Court of Appeal Criminal Division

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14
Q

WHICH COURT? (3/6)

Polly wishes to appeal against her conviction in the magistrates’ court for soliciting.

A

Crown Court

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15
Q

WHICH COURT? (4/6)

Michael, from whom Ahmed wishes to recover a debt of £200.

A

County Court

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16
Q

WHICH COURT? (5/6)

David, who is claiming £75,000 against the great western railway company for injuries caused when he fell under of the trains

A

High court

17
Q

WHICH COURT? (6/6)

Fred, who is claiming that he was unfairly dismissed by Ralph

A

Employment Tribunal

18
Q

ENFORCING A JUDGMENT

What is the purpose of a freezing injunction?

A

A freezing injunction prevents the defendant from transferring his or her assets abroad or otherwise concealing them.

19
Q

ARBITRATION

What is the role of the arbitrator?

A

The arbitrator listens to both sides, looks at the evidence you’ve sent in and decides what the outcome should be.

20
Q

CONCILIATION

What is the role of a conciliator?

A

The role of a conciliator is to come up with a solution to help two disagreeing parties

21
Q

MEDIATION

What is the role of a mediator?

A

A trained mediator’s role is to act as an impartial third party who facilitates a meeting between two or more people in dispute, to help them reach an agreement.

22
Q

In what way do tribunals differ from ordinary courts?

A

Tribunals have specialist lay members, they are less formal, cheaper (but generally no legal aid), quicker and not necessarily bound by precedent. They have wide discretion.