THE COURT SYSTEM Flashcards
Name the different courts in the court system of England and Wales.
What are the three different classifications of the courts? Which courts fall under which classifications? State to the functions of each.
superior and inferior courts
- superior courts have unlimited jurisdiction (try any claim regardless of where it arises or how much its worth)
- generally they try more important/difficult cases
- superior: supreme, court of appeal, High court, crown court
-inferior: family, county, magistrates
criminal and civil courts
- criminal: supreme, court of appeal (criminal division), high court, crown court, magistrates court
-civil: Supreme Court, court of appeal (civil division), high court, family court, county court
trial and appellate courts
- function of trial courts is to hear cases at first instance + make ruling of fact/law which arise in case
- appellate court reconsiders legal principles reviewed by lower court and can make amendments if need be
- trial courts: criminal —>crown court, magistrates
- appeal courts: criminal —> Supreme Court, court of appeal (criminal division), high court
- trial court civil —> family court, high court, county court
- appeal court civil —> Supreme Court, court of appeal (civil division), high court, family court
What kind of claims start in the High Court and County Court?
High court —> civil claims for personal injury over £50,000 must commence in HC + claims over £100,000 commence in HC
County court —> civil claims for personal injury up to £50,000 must commence in CC + claims up to £100,000
Give these facts about the county court:
1) where is it located
2) who sits?
3) civil jurisdiction - what kind of work they deal with
High court factsheet:
1) where is it located
2) who sits?
3) 3 divisions?
Family court factsheet
1) where is it located
2) who sits?
3) civil jurisdiction?
If the parties are unable to agree to a settlement of the case between themselves, the case goes to trial.
In addition to the award of damages, what else must the losing party do?
- they will usually be ordered to pay the winner’s legal costs
- exception is if amount is under £10,000
Give an overview of the civil procedure.
The Supreme Court factsheet
1) where located?
2) who sits?
3) Jurisdiction (civil and criminal)
4) procedure
How does permission to appeal process work?
- must request appeal to judge orally after judge has delivered judgement
- if rejected, then must request in writing
- permission of appeal will only be given if there is prospect of success
To which court should a civil appeal be made?
Magistrates’ court factsheet
1) where located?
2) who sits
3) criminal jurisdiction
4) civil jurisdiction?
The Crown court factsheet
1) where located?
2) who sits
3) criminal jurisdiction
4) civil jurisdiction
What are the three categories of criminal offences?
1) summary only offences e.g driving with no insurance (dealt in Magistrates’ courts)
2) indictable only offences e.g murder, robbery (most serious and can only be dealt in Crown Court)
3) either way offences e.g these are dependent on how the crime was committed such as theft involving stealing chocolate bar (can be dealt in either)
Outline the criminal procedure.
What is the process for appeals of summary trials?
What is the process for appeal of trial of indictment?
Which other courts are there in the law of England and Wales?
- Privy council
- European court of Human Rights
The Privy Council Factsheet
1) where located
2) who sits?
3) jurisdiction
4) procedure?
The Court of Justice of the European Union Factsheet
1) where located?
2) who sits?
3) jurisdiction
4) procedure
The European Court of Human Rights Factsheet
1) where located
2) who sits
3) jurisdiction
What are the roles of the Tribunals and Enquiries
- operate in parallel to the courts
- increasingly important part of legal system
-not strictly courts but have somewhat judicial role - established by statute to deal with certain types of claim
- most created very recently
- members of tribunals will usually have extensive knowledge on types of cases which come before them unlike judges
- e.g employment tribunals where they hear of sexual and racial discrimination, redundancy payments and maternity leave
- first tier tribunals equivalent to trial courts and upper tier tribunals = appeal courts
- further appeals go to court of appeal
Advantages and disadvantages of tribunals over courts?
- quicker
- easier
- cheaper
- more convenient system
- staffed by people with great knowledge in area
- however recently they’re becoming more like conventional court system with lawyers + formality in procedure
What is a statutory inquiry?
- established by statutes to examine common situations where courts may not be have necessary procedures
