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criminal and civil law > the court system+tribunals week 2 > Flashcards

the court system+tribunals week 2 Flashcards

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1
Q

What was created on 1st April 2011 to support the administration of justice in courts and tribunals?

A

HM Courts and Tribunals Service

This agency integrates the HM Court Service and Tribunals Service.

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2
Q

How many criminal cases are handled annually by the court system in the UK?

A

2 million criminal cases

This statistic reflects the volume of cases managed by the court system each year.

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3
Q

What is the annual budget of the HM Courts and Tribunals Service?

A

1.7 billion

This budget supports the operations of the agency across various locations.

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4
Q

How many staff members does the HM Courts and Tribunals Service employ?

A

21,000 staff

These staff members are responsible for the administration and functioning of the court system.

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5
Q

What types of disputes are primarily handled by county courts and the high court?

A

Civil disputes

The high court deals with more complex civil cases.

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6
Q

True or False: Most civil disputes go to court.

A

False

Most civil disputes are resolved through statutory or voluntary complaints procedures, mediation, and negotiation.

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7
Q

What are common methods for resolving civil disputes outside of court?

A

Statutory or voluntary complaints procedures, mediation, negotiation, arbitration

Arbitration is particularly common in commercial and building disputes.

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8
Q

Who has the power to determine complaints in the public sector?

A

Ombudsmen

Ombudsmen can also handle some complaints in the private sector, such as banking and insurance.

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9
Q

What types of damages can a court order in a civil case?

A

Compensatory damages, punitive damages

Courts aim to provide financial remedies to the person pursuing the claim.

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10
Q

Fill in the blank: Equitable remedies include _______.

A

injunctions, rescission, rectification, specific performance

These remedies provide alternatives to monetary compensation.

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11
Q

What are the types of injunctions?

A

Mandatory, prohibitive, without notice orders, quia timet, search orders, freezing orders

Each type serves a different purpose in legal proceedings.

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12
Q

How many cases do tribunals deal with annually?

A

Tribunals deal with over one million cases a year.

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13
Q

What is an example of a general regulatory chamber?

A

An example of a general regulatory chamber is the charity chamber.

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14
Q

What types of cases does the health, education, and social care chamber handle?

A

It handles cases related to mental health.

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15
Q

What is the purpose of the immigration and asylum chamber?

A

It deals with immigration and asylum cases.

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16
Q

What does the social entitlement chamber address?

A

It addresses issues like asylum support.

17
Q

What types of cases does the tax chamber handle?

A

It handles cases related to tax and MP expenses.

18
Q

What is the focus of the war pensions and armed forces compensation chamber?

A

It focuses on war pensions and compensation for armed forces.

19
Q

What are the four chambers of the Upper Tribunal?

A

The four chambers are Administrative Appeals, Immigration and Asylum, Lands, and Tax and Chancery.

20
Q

How many county courts are there in England and Wales?

A

There are 228 county courts in England and Wales.

21
Q

What types of claims do county courts handle?

A

They handle claims in contract, defamation, divorce, and more.

22
Q

What is the most common type of claim in county courts?

A

The majority of claims concern recovery and collection of debt.

23
Q

What is the next most common type of claim after debt recovery?

A

The next most common type is recovery of land and personal injury.

24
Q

What is the jurisdiction of magistrates courts?

A

Magistrates courts have limited civil jurisdiction in family matters and miscellaneous civil orders.

25
Q

What are the three divisions of the High Court?

A
  1. King’s Bench Division: Deals with disputes related to contracts, general commercial matters, and breaches of duty covering claims of negligence, nuisance, and defamation.
  2. Chancery Division: Deals with disputes such as land and wills.
  3. Family Division: Deals with matrimonial matters including divorce and the welfare of children.
26
Q

How are cases heard in Magistrates’ Courts?

A

Cases are heard by either 3 lay magistrates (local volunteers) or 1 district judge (legally qualified, paid, full-time professional).

27
Q

What types of cases do Magistrates’ Courts deal with?

A
  1. Summary offences: Less serious cases, e.g., minor assaults, where the defendant is not entitled to a trial by jury.
  2. Either-way offences: Cases that can be dealt with by either magistrates or Crown Court, e.g., theft. The defendant can choose the court.
  3. Indictable-only offences: More serious cases, e.g., murder, which must be heard in Crown Court.
28
Q

What is the outcome if a defendant pleads guilty in a Magistrates’ Court?

A

If a defendant pleads guilty or is found guilty, magistrates can impose a sentence of up to 6 months or a fine up to £5000.

29
Q

What happens if a defendant is acquitted in a Magistrates’ Court?

A

If the defendant is acquitted, they are free to go unless there are outstanding cases.

30
Q

What percentage of cases are disposed of in Magistrates’ Courts?

A

Over 95% of cases are disposed of in Magistrates’ Courts.

31
Q

What is the involvement of the Magistrates’ court in indictable-only offences?

A

If the case is an indictable-only offence, involvement in Mag court is brief. A decision will be made on whether to grant bail and other legal issues such as reporting restrictions are considered, then passed to Crown Court.

32
Q

What does the Police, Crime, Sentencing and Courts Act 2022 allow Magistrates to do?

A

Magistrates will now be able to issue prison sentences up to 12 months for a single offence.

This reduces the backlog of cases in Crown Court.

33
Q

What are the principal activities of the Crown Court?

A

The Crown Court has 4 principal types of activity:
1. Appeals from decisions of magistrates
2. Sentencing of defendants committed from magistrates’ courts
3. Jury trials
4. Sentencing of those convicted in Crown Court after trial or on pleading guilty.

34
Q

What is the average waiting time for defendants in the Crown Court?

A

Defendants averagely have to wait for 13 weeks and 3 days; if on bail, 15 weeks and 4 days.

35
Q

What is the Court of Appeal in the English legal system?

A

The Court of Appeal is the second most senior court in the English legal system, with the Supreme Court above it. It is divided into two divisions:
1. Civil division (master of rolls presides)
2. Criminal division (lord chief justice presides).

criminal and civil law (9 decks)

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