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cilex > The Courts of England and Wales > Flashcards

The Courts of England and Wales Flashcards

1
Q

name the three courts where civil cases may begin?

A
  • County Court
  • High Court
  • Family Court

**Magistrates court may deal with a limited number of civil cases

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2
Q

what is the overriding objective in a civil court claim

A

“enabling the court to deal with cases justly and at a proportionate cost”

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3
Q

What is the overriding objective in a family case?

A

“Welfare”

“enabling the court to deal with cases justly having regard to any welfare issues involved”

Protecting the interests of children and vulnerable adults

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4
Q

A Claimant has the option of issuing a claim in the high court if:

A

*the claim is for more than £100,000;

or the claim includes damages for personal injuries and the value of damages being claimed is for £50,000 or more

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5
Q

FACT - SMALL CLAIMS TRACK

what claim is eligible?

A

This is used for personal injury where the value of pain, suffering and loss of amenity is no more than £1000. It is also used for other claims of no more than £10,000.

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6
Q

What is a ‘litigant in person’

A

It is where the claimant and defendant do not need to have a lawyer.

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7
Q

FACT - FAST TRACK CLAIMS

what claim is eligible?

A

The track is used for claims which exceed £10,000 (or £1000 in respect of pain and suffering” but ARE NOT worth more than £25,000.

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8
Q

For a fast track claim, the period between directions and trial will not exceed….

A

30 weeks.

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9
Q

FACT - MULTI TRACK

what claim is eligible?

A

This track applies to cases who exceed £25,000 and for complex cases.

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10
Q

What kind of cases does The County Court deal with?

A
  • Debts
  • Personal Injury
  • Breach of Contract Claims
  • Housing disputes
  • lower bankruptcy claims
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11
Q

What are the remedies available for a county court claim?

A
  • Damages

* Equitable Remedies

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12
Q

What Courts can you appeal to if your claim started in the County Court?

A
  • Divisional Court of the High Court

* Court of Appeal

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13
Q

A Claimant for Damages of £60,000 which include personal injuries must issue their claim to the High Court, True or False?

A

FALSE

The Claimant has the OPTION

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14
Q

How many Divisions does the High Court have?

A

3

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15
Q

What are the names of the Divisions at the High Court?

A

Queens bench division

Chancery Division

Family Division

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16
Q

High Court

What claims does the Queens bench division deal with in first instance?

A

Personal Injury

Negligence

Debt

Breach of Contract

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17
Q

High Court

What claims does the Chancery division deal with in first instance?

A

Trusts

Mortgages

Disputes over wills and inheritance

18
Q

High Court

What claims does the Family Division deal with in first instance?

A

Protection of Vulnerable adults

International Family disputes including child abduction

19
Q

What claims does the family court deal with?

A
  • divorce
  • family and breakdown
  • child protection
20
Q

Appeals from the family court

who can you appeal too?

A

Court of Appeal

21
Q

What claims does the magistrates deal with?

A

Civil Cases such as unpaid council tax

22
Q

Appeals from the magistrates court

who can you appeal too?

A

Divisional court of the High court

23
Q

In first instance which court deals with criminal offences?

A

Magistrates depending on the severity of the case.

24
Q

What is a summary offence?

A

These are least serious offences such as, common assault, minor traffic offences. They are always tried in the magistrates court.

25
Q

What is an either-way offence?

A

These offences at an intermediate level of seriousness such as criminal damages, assault which may cause bodily harm.

A preliminary hearing will take place in the magistrates court at which the decision is made to whether the case should be tried in the magistrates court or the crown court.

26
Q

What is an indictable offence

A

These are the most serious offences such as rape and murder.

they MUST be tried in the crown court following a brief preliminary hearing in the magistrates

27
Q

Criminal Procedure Rules

What is the overriding objective

A

As with Civil Procedure Rules have an overriding objective requires that criminal cases be dealt with justly.

Justly means that the guilty should be convicted and the innocent set free.

Under Art 6 European Convention on Human Rights (the right to fair trial) should be respected.

28
Q

How many ‘lay’ (non-legally qualified) magistrates will be at a hearing at the magistrates courts?

A

3 or by a single District Judge

29
Q

What ages will be tried in a youth court?

A

10-17 years old

30
Q

Which of the following describe the maximum sentencing powers of a Magistrates’ Court in a criminal case?

(i) 6 months for one or more summary offences
(ii) 12 months for two or more summary offences
(iii) 6 months for two or more either-way offences
(iv) 12 months for two or more either-way offences

A

6 months for one or more summary offences

12 months for two or more either-way offences

31
Q

(Still not been brought into force)

s154 Criminal Justice Act 2003 provides that

A

maximum sentence for a one or more summary offence should be 12 months.

32
Q

s85 Legal Aid, Sentencing and Punishment of Offenders Act 2012 provides that…

A

allows for unlimited fines to be imposed in the most serious cases.

33
Q

Appeals from the magistrates court (criminal cases)

who can they appeal too?

A

Crown Court

34
Q

FACT

The Crown Court

A

Each Crown Court (england and wales) is divided into three tiers which are staffed by judges of varying levels of seniority.

Very serious crimes such as murder must be tried in the top tier where High Court Judges are available.

Less serious crimes are tried in the lower tiers by Circuit Judges and Recorders.

Cases are tried by Jury.

35
Q

Appeals from the Crown Court

Who can they appeal too?

A

Court of Appeal

36
Q

How many divisions does the Court of Appeal have?

Name them?

A

2.

Civil Division

Criminal Division

37
Q

Appeals from the Court of Appeal

who can they appeal too?

A

Supreme Court.

Appeals are heard by Justices of the Supreme Court

38
Q

Appeals from the Supreme Court

who can they appeal too?

A

European court of Human Rights

39
Q

What does miscarriage of justice mean?

A

a person is convicted and punished for a crime that they did not commit.

40
Q

What cases does the Criminal Review Commission deal with?

A

Miss-carriage of Justice

41
Q

What does the Criminal Appeal Act 1995 investigate?

A
  • a new piece of evidence
  • a new legal argument which has not been raised during trial or any appeals
  • exceptional circumstances

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