The Court System

Question 1

what is the Ministry of Justice responsible for?

Answer 1

organisation and smooth operation of the courts

Question 2

what is the Court of Appeal divided into?

Answer 2

criminal division and civil division

Question 3

what is the High Court divided into?

Answer 3

Queen’s Bench Division, Chancery Division, Family Division

Question 4

what are the three inferior courts?

Answer 4

Magistrates’, County, Family

Question 5

what are the superior courts?

Answer 5

Supreme Court, Court of Appeal, High Court, Crown Court

Question 6

what are the principal objectives of criminal courts?

Answer 6

to decide guilt or innocence according to criteria and punish the wrong-doer

Question 7

what are the principal objectives of civil courts?

Answer 7

decide disputes between members of society or between the State and individuals and to grant an appropriate remedy

Question 8

what dpes teh Crown Court deal with?

Answer 8

Criminal matters

Question 9

What does County Court deal with?

Answer 9

civil matters

Question 10

which courts have BOTH civil and criminal jurisdiction?

Answer 10

Supreme Court, Court of Appeal, High Court, Family Court and magistrates’ courts

Question 11

what are the function of trail courts? e.g. County

Answer 11

to hear cases at first instance and make a ruling on the issues of fact and law

Question 12

what is the function of an appellate court?

Answer 12

to reconsider the application of legal principles to a case that has already been ehard by a lwoer court

Question 13

what are the courts of first instance?

Answer 13

County, Family, High

Question 14

what is stage 1 of a civil proceeding?

Answer 14

pre-commencement where a claimant takes pre-action steps e.g. attempt to settle

Question 15

what is stage 2 of a civil proceeding?

Answer 15

commencement of the proceedings when a claimant issues proceedings using a claim form

Question 16

what is the financial cap on county court proceedings?

Answer 16

100,000 (50,000 personal injury)

Question 16

what court is used for claims above 100,000 (50,000 personal injury)?

Answer 16

county or high court

Question 17

what is stage 3 of a civil proceeding?

Answer 17

interim matters where court gives direction on how teh case is to move forward

Question 18

what is stage 4 of a civil proceeding?

Answer 18

Trial- only 10% of civil cases reach this point (most settle)

Question 19

what is stage 5 of a civil proceeding?

Answer 19

post-trial: enforcement of judgement i.e. steps taken by teh winner to obtain their money e.g. a court order

Question 20

what 3 categories are criminal proceedings divided into?

Answer 20

summary only offences deal with in magistrates’ courts, indictable only offences deal with in Crown Court, either way offences deal with in either court

Question 21

what does the supreme court accept appeals on?

Answer 21

points of law only

Question 22

what does the court of appeal criminal division accent appeals on?

Answer 22

appeal be defendant only with leave, on a point of law OR fact

Question 23

what does the Crown Court accept appeals on?

Answer 23

trail on indictment before judeg and jury

Question 24

what is a tribunal?

Answer 24

a type of court where judges are have practical experiences with cases heard there

Question 25

what are the advantages of tribunals over courts?

Answer 25

quicker, cheaper and more convenient system of settlement

Question 26

what is an inquiry?

Answer 26

the court needs expertise to investigate facts of something in a case- they don’t reach a decision

Question 27

what is the difference between a tribunal and an inquiry?

Answer 27

tribunals reach their own independent decision by applying principles of the law, whereas an inquiry is designed to obtain facts from all parties

Question 28

what is the Lord Chancellor responsible for?

Answer 28

government Minister responsible for the judiciary and the courts’ system but not a judge or head of judiciary

Question 29

who are the Attorney-General and the Solicitor General?

Answer 29

legal advisors to the Crown assisted by junior counsel to the Treasury