Structure & Function of the Courts & Related Institutions Flashcards
What court is the initial hearing held for criminal cases?
Magistrates Court
Outline the structure of the Criminal Court system beginning with the lowest
Magistrates Court - Crown Court - High Court or Court of Appeal - Supreme Court
What court heard civil matters?
County Court or High Court according to magnitude of the claim
Define the meaning of the term ‘Tort’
A ‘tort’ is a civil wrong
Outline the structure of the Civil Court system beginning with the lowest
County Court - High Court - Court of Appeal or Supreme Court - Court of Appeal
Employment Tribunal - High Court or Employment Appeal Tribunal - Court of Appeal
Detail the three types of offence that can be dealt with in Magistrates Court
A Summary Offence - Drunkenness etc.
An Indictable Offence - Murder & Manslaughter
Triable Either Way - H&S Offences
Detail the four types of offence that can be heard in Crown Court
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
With regard to contract and tort; what is the compensation limit of County Court?
Compensation claimed must not exceed £50,000
Name the three divisions in the High Court of Justice
The Family Division
The Chancery Division
The Queens Bench Division
Name the 3 procedures for offences under HSWA
Triable only summarily - Magistrates Court
Triable only on Indictment - Crown Court
Triable either way - Magistrates or Crown Court
Name the factors that will determine which Court hears the offence
Gravity of the offence
Complexity of the case
Degree of punishment involved
What areas of H&S do Employment Tribunals have authority over?
Time off for the training of safety reps
Dismissal, actual or constructive following breach of H&S
Appeals against improvement & prohibition notices
List the types of hearing in an Employment Tribunal
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
If a claimant is suing for unfair dismissal what procedure is followed in the final hearing?
The respondent gives evidence and calls witnesses first
If a claimant is suing for discrimination what procedure is followed in the final hearing?
The claimant gives evidence and calls witnesses first
What is the deadline for appeals to be made against a criminal conviction?
28 Days of conviction
List the possible reasons for appeal against a criminal conviction
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.
List the possible reasons for appeal against a civil judgement
Against the result - The losing party appeals on the basis the evidence was insufficient or the law was interpreted incorrectly
Against the damages awarded
