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Law > The Court System > Flashcards

The Court System Flashcards

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1
Q

What are the four basic levels of the English court structure?

A

1) Supreme Court
2) The Court of Appeal
3) The High Court and Crown Court
4) County Court and Magistrates Court

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2
Q

What is the Lowest Level Court?

A

Magistrates Court and County Court

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3
Q

What are the three kind of cases that the Magistrates Court deals with and what do they mean?

A

1) Summary offences - less serious cases
2) Either-way offences - these can be dealt with by magistrates or before before a judge and jury at the Crown Court
3) Indictable-only offences - such as murder, manslaughter, rape and robbery

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4
Q

What cases are usually passed from the Magistrates Court to the Crown Court?

A

The most serious crimes i.e., murder, rape, robbery

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5
Q

What 3 situations can occur for a magistrates court to grant bail?

A

1) Another court hearing is needed
2) The court needs more information before passing sentence
3) The case is passed to the Crown Court for trial or sentencing

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6
Q

What are the sentences that a magistrates court can give?

A

1) Up to 6 months in prison
2) A fine
3) Community service
4) A ban

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7
Q

Who sits in a Magistrates court?

A

District Judges
Magistrates
Justices’ Legal Advisors

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8
Q

What are District Judges?

A

Full-time members of the judiciary who hear cases in the Courts

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9
Q

What are Magistrates?

A

Trained, unpaid members of their local community, who deal with less serious criminal cases

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10
Q

What are Justices’ Legal Advisors?

A

They advise in court on matters of law, practice and procedure.

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11
Q

What is a summary offence?

A

A summary offence is a minor offence that can only be tried by magistrates

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12
Q

What is a triable either way (hybrid) offence?

A

The offences may be tried in either the magistrates court or crown court

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13
Q

What does the Crown Court deal with?

A

1) Cases sent for trial by Magistrates court
2) ‘Either-way’ offences
3) Defendants convicted in Magistrates Court but sent to Crown Court for the seriousness of the offence
4) Appeals against decisions of Magistrates’ courts

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14
Q

Who oversees the cases in a Crown Court?

A

A Circuit Judge or Recorders or High Court Judges
12 members of the Jury

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15
Q

What is the role of the Jury?

A

If a defendant pleads not guilty it is the jury that decides if they’re guilty or not

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16
Q

What cases do the Crown Court hear?

A

1) Indictable offences
2) Either-way offences

17
Q

What does the County Court deal with?

A

Civil matters

18
Q

What are the types of cases that the County Court deal with?

A

1) Businesses trying to recover money they are owed
2) Individuals seeking compensation for injuries
3) Landowners seeking orders that will prevent trespassing

19
Q

Who sits in a County Court?

A

Circuit Judges
Fee Paid Judges
District Judges

20
Q

What is a Circuit Judge?

A

Appointed to one of the 7 regions of England and Wales and sit in the Crown Court and County Court within their region

21
Q

What must a judge do before trying a civil case?

A

Read the relevant case papers and become familiar with their details

22
Q

What does a judges role include when it comes to managing civil cases?

A
  • Encouraging the parties to co-operate with each other.
  • Helping the parties to settle the case.
  • Encouraging the parties to use an alternative dispute resolution procedure if appropriate.
  • Controlling the process of the case.
23
Q

What does the judgement include in a civil court?

A

If the judge decides that the claimant is entitles to damages, they will have to decide the amount. They have to decide on the appropriate remedy, and on the precise terms of it.

24
Q

How are the costs or a Civil Court decided?

A

The Judge has to decide whether the unsuccessful party has to pay for all of the costs or whether both parties should split it.

25
Q

What is the role of the High Court?

A

Hears appeals from the High Court and County Court and some Tribunals. Criminal hears appeals from the Crown Court.

Law (6 decks)

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