The Court System Flashcards
what is the Ministry of Justice responsible for?
organisation and smooth operation of the courts
what is the Court of Appeal divided into?
criminal division and civil division
what is the High Court divided into?
Queen’s Bench Division, Chancery Division, Family Division
what are the three inferior courts?
Magistrates’, County, Family
what are the superior courts?
Supreme Court, Court of Appeal, High Court, Crown Court
what are the principal objectives of criminal courts?
to decide guilt or innocence according to criteria and punish the wrong-doer
what are the principal objectives of civil courts?
decide disputes between members of society or between the State and individuals and to grant an appropriate remedy
what dpes teh Crown Court deal with?
Criminal matters
What does County Court deal with?
civil matters
which courts have BOTH civil and criminal jurisdiction?
Supreme Court, Court of Appeal, High Court, Family Court and magistrates’ courts
what are the function of trail courts? e.g. County
to hear cases at first instance and make a ruling on the issues of fact and law
what is the function of an appellate court?
to reconsider the application of legal principles to a case that has already been ehard by a lwoer court
what are the courts of first instance?
County, Family, High
what is stage 1 of a civil proceeding?
pre-commencement where a claimant takes pre-action steps e.g. attempt to settle
what is stage 2 of a civil proceeding?
commencement of the proceedings when a claimant issues proceedings using a claim form
what is the financial cap on county court proceedings?
100,000 (50,000 personal injury)
what court is used for claims above 100,000 (50,000 personal injury)?
county or high court
what is stage 3 of a civil proceeding?
interim matters where court gives direction on how teh case is to move forward
what is stage 4 of a civil proceeding?
Trial- only 10% of civil cases reach this point (most settle)
what is stage 5 of a civil proceeding?
post-trial: enforcement of judgement i.e. steps taken by teh winner to obtain their money e.g. a court order
what 3 categories are criminal proceedings divided into?
summary only offences deal with in magistrates’ courts, indictable only offences deal with in Crown Court, either way offences deal with in either court
what does the supreme court accept appeals on?
points of law only
what does the court of appeal criminal division accent appeals on?
appeal be defendant only with leave, on a point of law OR fact
what does the Crown Court accept appeals on?
trail on indictment before judeg and jury
