The English Legal System Flashcards
The rule of Law?
Every person should be governed by, and benefit from, laws of the land
Process of acts of parliament?
1) First reading
2) Second with debate
3) Committee scrutiny
4) House votes on amendments
5) Third reading
6) Repeated in lords
7) Royal assent.
Common law vs equitable principles?
Common law is traditional decision making by judges, over time equitable principles have developed and courts can use both.
Who are magistrates?
Justices of peace, not legally qualified.
Who operates in crown court?
Jury + Crown judge (best of best)
Who operates in civil courts?
District judges, county court judges and high court judges (in ascending order)
What is the civil litigation process?
1) Pre-action
2) Commencement
3) Defending the claim
4) Allocation
5) Directions
6) Hearing
7) Judgment
8) enforcement
What cases are held in magistrates vs crown court?
Magistrates = summery + either way
Crown court = Indictable + either way
Where would a magistrates case appeal to?
Crown court or high court if it is on a point of law
Where would a crown court case appeal to?
Court of appeals (criminal division) and then supreme court.
In what scenario is a claim brought in county court in a civil case
If the claim is for less then £100k
In what scenarios is a claim brought in High court in a civil case?
If claim is for more then £100k
Describe the Court hierarchy in ascending order (for purpose of precedents)
1) County court / magistrates court (binds no one)
2) Crown court (binds no one)
3) High court/family court (binds below and usually itself)
4) Court of appeals (binds below and itself)
5) UK supreme court (binds below but not itself).
What happens when a civil claim is more than £100k
Claimant has choice between county court and high court
Who does the high court bind and who is bound by them ?
Bound by Supreme Court l, court of appeals and its own decisions unless:
- conflicting
- overruled by supreme or appeals
