THE HIERARCHY OF COURTS- Flashcards
In England and Wales what are the 2 effects of the rigid doctrine of judicial precedent ?
1) Every court is bound to follow any decisions made by a court above it
2) Appellate courts, in general, are bound by their own past decisions
What are appellate courts?
Courts which hear appeals
What is the order of the Court Hierarchy?
European Court of Justice
|
Supreme Court (HOL)
|
Court of Appeal (civil division)
| _______________________________________
Queens Bench Divison | Family&Chancery Division
(Divisional courts)
|
High Court
|
_______________________
Crown Court County Court
|
Magistrates
In what year was the European Court of Justice crowned the highest court affecting our legal system?
1973
What is an important feature of the European Court of Justice?
The ECJ is prepared to overrule past decisions if it feels it is necessary
Is the Supreme Court bound by its past decisions?
no, although it will generally follow them in the interest of consistency
What decisions are the Courts of Appeal bound by?
- ECJ
- Supreme Court
- Own Past decisions
What are the 2 divisions of divisional courts?
- Queens Bench Division
- Family &Chancery
What is a ‘court of first instance’?
any court where the original trial of a case is held
What is the difference between a court of first instance and an appellate court?
-An appellate court do not hear any original trials they only hear appeals from decisions of other courts
Why are appellate courts much more important that courts of first instance when creating precedent?
(2)
-An appeal is often over a point a law and so this allows the appellate court to decide the law and create precedent
Courts of first instance rarely create precedent and must follow decisions of the courts above them
what do the County court and Magistrates have in common?
They both do not create precedent and are bound by all over higher courts
Do high court judges have to follow each others decisions?
-No but they usually do in the interest of consistency
What case involved complication due to 2 earlier conflicting decisions ?
Colchester Estates (cardiff) V Carlton Industries plc 1984
What did the case of Colchester Estates (cardiff) V Carlton Industries plc 1984 decide?
-The first decision had been fully concidered in the latter (the second decision) and so the latter decision was followed
