the court system

Question 1

what are civil courts?

Answer 1

resolve disputes between private individuals or between individuals and the state where one party seeks remedy against another

Question 2

what are criminal courts?

Answer 2

hear and determine accusations against persons that have broken the criminal law. the accusation is made by a representative of the state

Question 3

what are administrative court?

Answer 3

specialised courts to deal with judicial review, scrutinises acts of public bodies and determine their lawfulness, part of kings bench divisions at the high court and it has its distinct procedures and rule

Question 4

are county courts purely civil or criminal courts?

Answer 4

civil courts

Question 5

are crown courts mostly civil or criminal courts?

Answer 5

criminal courts

Question 6

what are superior courts?

Answer 6

have unlimited jurisdiction and hear more important and complex cases, there jurisdiction is unlimited geographically

Question 7

what are inferior courts?

Answer 7

magistrates/county courts which have limited jurisdictions and hear less important and less complex cases, there also limited geographically and according to the subject matter of the dispute

Question 8

what are the original jurisdictions?

Answer 8

court of first instance

Question 9

what are appellate jurisdictions?

Answer 9

hears appeals from lower courts

Question 10

what are 2 examples of appellate courts?

Answer 10

court of appeal and Supreme Court

Question 11

what courts are examples of original and appellate?

Answer 11

high court and crown court

Question 12

what are tribunals?

Answer 12

a person of authority who adjudicate on, or determine claims or disputes. they are less formal and provide quicker and less expensive procedures

Question 13

approximately how many types of tribunals are there?

Answer 13

70

Question 14

what are 3 examples of tribunals?

Answer 14

1. immigration
2. employment
3. social security

Question 15

what is a coroners court?

Answer 15

an independent judicial office holder appointed by the local council

Question 16

what do coroners do?

Answer 16

investigate deaths that have been reported it it appeared that: the death was violent and unnatural, COD unknown or a person dies in prison/police/state custody

Question 17

what are the reporting procedures?

Answer 17

1. most court decisions not reported - reporting restrictions, lower court decisions not significant
2. reported cases are at higher appellate level (legal principles)

Question 18

is there an official law reporting body?

Answer 18

no

Question 19

what is the order of the UK court system? (lowest to highest) (6)

Answer 19

1. magistrates court
2. county courts
3. crown courts
4. high courts
5. court of appeal
6. supreme court

Question 20

what are the 4 hierarchy of courts?

Answer 20

1. original or appellate
2. civil or criminal jurisdictions
3. inferior or superior court
4. precedent - principle of law that is binding on lower courts

Question 21

magistrates court

Answer 21

1. unpaid - not legally qualified
2. local
3. orignal
4. criminal and summary
5. 12 month sentence
6. youth courts
7. committal proceedings - indictable/triable either way

Question 22

how many professional salaried judges sit in magistrates as district judges?

Answer 22

140

Question 23

how many sit on the bench in magistrate courts?

Answer 23

3

Question 24

can individuals apply for bail is tried in magistrate courts?

Answer 24

yes

Question 25

county courts

Answer 25

1. civil jurisdictions only 2. local 3. original 4. district/circuit judges 5. around 222 courts 6. small claims - less than £5000 7. fast track - up to £25 000 8. multi-track cases in high court

Question 26

crown courts

Answer 26

1. criminal 2. original 3. all cases on indictment 4. appeal from magistrates 5. 90 venues

Question 27

how many crown courts are there in England and Wales?

Answer 27

77

Question 28

true or false defendants convicted in magistrates courts can be sent to the crown court for sentencing due to the seriousness of the offence

Answer 28

true

Question 29

where the 4 classes of seriousness in crown courts?

Answer 29

Class 1 are the most serious - treason and murder Class 2 - rape, manslaughter Class 3 - kidnapping, burglary Class 4 - GBH and robbery

Question 30

true or false - defendants with 'either way' cases who choose to please not guilty can request a jury trial and will be sent to the crown court

Answer 30

true

Question 31

can magistrates send a trail to the crown court if they deem the offence to be serious enough

Answer 31

yes

Question 32

high courts

Answer 32

1. original and appellate 2. criminal and civil 3. 3 divisions

Question 33

what are the 3 divisions of high courts?

Answer 33

1. kings bench - contract/tort 2. chancery - equity/trust 3. family - divorce/adoption

Question 34

high court - kings bench

Answer 34

1. three administrative divisions - same court - different actions 2. kings bench - 70 judges - civil/criminal/supervisory/appellate

Question 35

what are the 3 specialist courts in the kings bench

Answer 35

1. admiralty 2. commercial 3. technology and construction

Question 36

high court - chancery division

Answer 36

1. 17 judges 2. 2 specialist courts - patent/companies 3. mostly original jurisdiction: - sale and exchange of land 4. redemption and foreclosure of mortgages 5. trusts and probate 6. bankruptcy 7. company law 8. patents/trademark/copyright

Question 37

high court - family division

Answer 37

1. 18 judges 2. original and appellate 3. appellate jurisdiction mainly from magistrates and county 4. divorce, wardship, adoption

Question 38

court of appeal

Answer 38

1. civil and criminal division 2. appellate - appeals on sentence and conviction from crown/high/county courts 3. 38 lords justice of appeal 4. case reported

Question 39

what division in court of appeal is only appellate?

Answer 39

criminal division

Question 40

where do the civil divisions in court of appeal, appeal from?

Answer 40

high or county court

Question 41

why do cases get appealed to court of appeal?

Answer 41

sentencing/convictions from court courts or points of law from A-G

Question 42

what did the Supreme Courts replace and under what legislation?

Answer 42

House of Lords under s.23 constitutional reform act 2005

Question 43

supreme courts

Answer 43

1. final court of appeal in civil and criminal law - binds the decisions of all lower courts 2. appellate jurisdiction 3. 12 justices of the Supreme Court

Question 44

appeals

Answer 44

1. appeals may only be brought with the courts permission 2. appeal court will allow an appeal where decisions of lower court is in error on point of law/unjust

Question 45

what is an appeal?

Answer 45

process by which appellant seeks to change a judgement of a lower court by brining it for reconsideration in a higher court

Question 46

judicial committee of the privy council

Answer 46

1. justices of supreme courts are also judge of privy council 2. final court of appeal for cases from NZ, Bahamas, Jamaica

Question 47

does the judicial committee of the privy council bind decisions on UK courts

Answer 47

no but they are highly persuasive