Structure & Function of the Courts & Related Institutions

Question 1

What court is the initial hearing held for criminal cases?

Answer 1

Magistrates Court

Question 2

Outline the structure of the Criminal Court system beginning with the lowest

Answer 2

Magistrates Court - Crown Court - High Court or Court of Appeal - Supreme Court

Question 3

What court heard civil matters?

Answer 3

County Court or High Court according to magnitude of the claim

Question 4

Define the meaning of the term ‘Tort’

Answer 4

A ‘tort’ is a civil wrong

Question 5

Outline the structure of the Civil Court system beginning with the lowest

Answer 5

County Court - High Court - Court of Appeal or Supreme Court - Court of Appeal

Employment Tribunal - High Court or Employment Appeal Tribunal - Court of Appeal

Question 6

Detail the three types of offence that can be dealt with in Magistrates Court

Answer 6

A Summary Offence - Drunkenness etc.
An Indictable Offence - Murder & Manslaughter
Triable Either Way - H&S Offences

Question 7

Detail the four types of offence that can be heard in Crown Court

Answer 7

Class 1 - Murder
Class 2 - Rape or Manslaughter
Class 3 - All other offences that must be tried on indictment
Class 4 - All offences that may be tried on indictment or summarily

Question 8

With regard to contract and tort; what is the compensation limit of County Court?

Answer 8

Compensation claimed must not exceed £50,000

Question 9

Name the three divisions in the High Court of Justice

Answer 9

The Family Division
The Chancery Division
The Queens Bench Division

Question 10

Name the 3 procedures for offences under HSWA

Answer 10

Triable only summarily - Magistrates Court
Triable only on Indictment - Crown Court
Triable either way - Magistrates or Crown Court

Question 11

Name the factors that will determine which Court hears the offence

Answer 11

Gravity of the offence
Complexity of the case
Degree of punishment involved

Question 12

What areas of H&S do Employment Tribunals have authority over?

Answer 12

Time off for the training of safety reps
Dismissal, actual or constructive following breach of H&S
Appeals against improvement & prohibition notices

Question 13

List the types of hearing in an Employment Tribunal

Answer 13

Case Management Discussions - Used to clarify issues, make orders for document disclosure, witnesses etc.
Pre-Hearing Review - Weeds out weak claims
Final Hearing - Judgement is given

Question 14

If a claimant is suing for unfair dismissal what procedure is followed in the final hearing?

Answer 14

The respondent gives evidence and calls witnesses first

Question 15

If a claimant is suing for discrimination what procedure is followed in the final hearing?

Answer 15

The claimant gives evidence and calls witnesses first

Question 16

What is the deadline for appeals to be made against a criminal conviction?

Answer 16

28 Days of conviction

Question 17

List the possible reasons for appeal against a criminal conviction

Answer 17

Against Conviction - The argument is that the court was wrong to convict. This may be due to insufficient evidence, procedural failing or point of law

Against sentence - Penalty awarded was too onerous.

Question 18

List the possible reasons for appeal against a civil judgement

Answer 18

Against the result - The losing party appeals on the basis the evidence was insufficient or the law was interpreted incorrectly

Against the damages awarded