Sources of law and the court system Flashcards
What are the the main sources of law in E&W and what are they?
- Acts of parliament - acts/statutes
- Case law - common law and equity law - judges
- International institutions - EU, UN, ECHR
- Delegated legislation - Ministers etc.
How does the court system roughly work?
look at slide 22 on sources of law presentation for a thorough look
What are the magistrates courts?
- justice of peace - commoner, legal clerk to advise
- lowest and first court for criminal cases - 95% of cases completed here
- Appeals from here - if about fact goes to crown court, if about law goes to divisional court
state some features of the Crown Court?
- Usually trial by Jury
- circuit judge or recorder (part-time circuit judge)
- Appeals to Court of appeal criminal division but leave to appeal required
Describe the civil courts structure?
- magistrate courts have some, limited civil jurisdiction (licensing)
- county courts - entirely civil jurisdiction, created by statute so only have jurisdiction over matters assigned to them in legislation
- family court - set up in 2014, child protection, divorce, domestic violence, adoption etc.
- High court - 3 divisions - Queen’s bench division, Chancery division, family division - have civil and criminal jurisdiction
describe the high court chancery division?
- lands, mortgages, trusts, estates, bankruptcy, company law
- patents court
- appellate jurisdiction - taxation, insolvency, land registration
- chancellor of the high court
Describe the high court Queen’s bench division? (need more understanding)
- first instance jurisdiction contract, tort
- commercial court, admirality court, technology and construction court
- appellate jurisdiction - criminal appeals from magistrates or crown courts
- judicial review
- president of the queen’s bench division
Describe the high court family division?
- family law matters - matrimonial causes, children
- President of the Family Division
Name the titles of the court of appeal (criminal court)
- Lord Chief Justice (head of criminal division)
- Lord and Lady justices of appeal
Name the titles of the court of appeal (criminal court)
- Lord Chief Justice (head of criminal division)
- Lord and Lady justices of appeal
Name the titles of the Court of Appeal (civil division) and describe some features
- Master of the Rolls (President of the civil division)
- Lord and Lady Justices of Appeal
- Can sit with one judge - usually three
- Entirely civil, entirely appellate
Describe features of the Supreme Court
- Established by the constitution reform act 2005
- Came into operation in December 2009
- Replaced the House of Lords appellate committee
- Current President = Lord Reed Deputy president = Lord Hodge
- Civil and Criminal jurisdiction
- Civil cases usually from Court of appeals, occasionally leap frog, Scotland and Northern Ireland also included
- No right of criminal appeal from Scotland’s High Court of Justiciary
Judges names
- Supreme Court: President, Deputy President and justices of the Supreme court
- Lord/Lady followed by surname
Court of appeal - Lord/Lady Justice followed by surname or surname LJ
High court - The honourable Mr/Mrs Justice surname or surname J
Circuit judges - His/Her Honour Judge surname
District judge - District Judge Surname
Other courts you should know about
- Court of the European Union
- European Court of Human Rights (ECtHR) - For council of Europe signatories of the ECHR
- Judicial Committee of the Privy Council - Appeal court for many commonwealth nations and what remains of the old empire
- Some commonwealth judges and members of the court of appeal
- Tribunals - various courts and tribunals of special jurisdiction
What do most civil cases do?
A claimant sues the defendant and if they are found liable it will result in judgement for the claimant and the defendant may be required to pay damages (money) or not do something (injunction) or to fulfil obligations under a contract (specific performance)
