structure and function of courts Flashcards
criminal courts
determine the guilt or innocence of defendants according to the criminal law.
punish convicted offenders.
civil courts.
Deal with resolution of disputes between individuals.
Award remedies to successful claimants; normally in the form of monetary damages.
trial courts
Hear cases at first instance.
Matters of fact and law to make a ruling.
appellate courts
Application of legal principles to a case already heard at first instance.
superior courts
Not bound by geography or costs.
Can hear cases nation-wide.
Important cases of precedent.
inferior courts
hear the majority of cases.
are geographically and cost bound.
the court Hierarchy in England and wales
Court of Justice of the European Union.
Supreme court of the united kingdom.
Judicial committee of the privy council.
supreme court of the united kingdom
Final court of appeal for all civil cases in the UK, all criminal cases except for Scotland.
5, 7 or 9 sit to hear appeal .
Bound by the court of justice of the European Union.
Opinions/judgements binding on all lower courts.
Practice statement 1966 - the supreme court is not bound by previous decisions.
Set up by the constitutional reform act 2005.
Appellate committee of the house of lords abolished.
the court of appeal
Does Not decide questions of fact but of law.
Binds all lower courts and also binds itself but with exceptions: 2 conflicting decisions, conflict with SC.
criminal division: entirely appellate from the crown court against conviction, sentence, or finding of fact.
Civil division: deals with appeals from the 3 divisions of the high court and tribunals.
high court
Bound by the Court of Justice of the European Union, the supreme court, the court of appeal and the divisional courts.
The high court is not bound by its own earlier decision.
divisional courts: queens bench division
Criminal - appeals by way of case stated from magistrates courts and appeals from crown courts sitting without a jury.
Civil - tort at first instance and appeals from county court.
Administrative court - JR.
Admiralty court - shipping and aircraft.
construction court - civil litigation.
Election court - disputed elections.
Commercial court - banking, finance.
divisional courts; family division
inherent jurisdiction of cases of divorce, adoption and wardship, wills probate, domestic violence.
divisional courts: chancery division
business and property related disputes.
administrative court - judicial review.
Determination whether a public body has acted lawfully.
Applicant must have standing.
illegality , irrationality and procedural impropriety.
Proportionality -human rights - a breach of the European convention on human rights 1998.
the lower courts - county court.
all but the most complicated of civil cases.
court of record that sets precedent for itself.
the lower courts - crown court
trials on indictment (by jury).
Anything that is outside the remit of magistrates court.
no precedent if circuit or district judges sitting.
Persuasive; not bound by previous decisions.
the lower courts - magistrates court.
criminal proceedings.
90% begin and end here.
Summary offences applications for bail, youth courts, civil proceedings, highways, bye laws, public health, licensing - justices of peace.
Not bound by its previous decisions.
the lower courts -family court
came into existence on the 22nd April 2014.
crime and courts act 2013 - jurisdiction in all family proceedings.
tribunals
specialised tribunals developed over the 20th century to make it easier and cheaper to resolve complaints.
Tribunals courts and enforcement act 2007 - functions of most tribunals transferred to first - tier tribunal on a point of law.
