Unit 2 - The Court System Flashcards
what are the three classifications of courts?
superior vs inferior
trial vs appellate
criminal vs civil
what is the difference between criminal and civil courts?
criminal courts : decide guilty or innocence, punish wrong-doer
civil : decide disputes between members of society and grant appropriate remedy
what are the superior courts?
supreme court
court of appeal
high court
crown court
what are the inferior courts?
county court
magistrates court
family court
what is the difference between superior and inferior courts?
superior courts : have unlimited jurisdiction, both geographically and financially, try more severe cases
inferior courts: have limited jurisdiction, geographically and financially, try less severe cases
what is the function of trial vs appellate courts?
trial courts: courts of first instance
appellate courts: reconsider the application of legal principles to a case that has already been heard by a lower court
which are the appellate courts?
supreme court
court of appeal
high court
family court
which courts are courts of first instance?
county court
high court
magistrates court
crown court
family court
what are the civil courts of first instance?
country court
high court
family court
what is the maximum financial jurisdiction of the county court?
disputes involving amounts up to £100,000
personal injury up to £50,000
civil appeals system
appellant requires permission to appeal
should first start with the court that gave the judgement they want to appeal
if this is not accepted, they can make a written request to the Court of Appeal (civ division)
what are the three types of criminal offence?
summary only offences
either-way offences
indictable only offences
offences triable by indictment - what is the role of the judge and jury ?
judge advises jury on points of law
jurys comes to a decision on points of fact
can a defendant appeal a conviction from the magistrates? does he require permission?
yes, to the crown court
no does not require permission
can defendant appeal after indictable only offence? does he need permission?
yes he can
he does need permission
what is the role of the Judicial Committee of the Privy Council?
appeals from commonwealth countries
what is the role of the European court of justice?
ensure european law is applied properly in all member states
actions against member states to determine whether they have failed to fulfil their obligations under the treaty
what is the role of the European court of human rights?
court binds member states to observe certain standards of behaviour towards individuals
individuals can complain of breaches to the European Court of human rights. But it is extremely expensive and convention rights are now directly enforceable in domestic courts
what is the role of tribunals?
they are established by statute
deal with certain types of claim only
members of tribunals usually have extensive knowledge of the types of cases they deal with
what are the advantages of tribunals over courts?
quicker
cheaper
staffed by people who have expert knowledge
extensive practical experience
how are tribunals controlled by the courts?
courts can interfere at any point whenever the legality of the tribunals action has been called into question
what are statutory inquiries?
examine specific situations where courts may not have the expertise or appropriate procedure
e.g. misconduct in management of charity
judicial inquiries
deal with specific issues of public interest
do not necessarily reach a decision - they investigate facts and reach conclusions
how do tribunals differ from inquiries?
tribunals reach a decision by applying principles of law
inquiries is designed to obtain facts from all parties concerned
what is the role of the lord chancellor?
government minister responsible for the judiciary and courts system
what is the role of the lord chief justice?
responsibility for many judicial functions, previously undertaken by lord chancellor
what is the judiciary?
term given to different roles in the court system
what is the role of the attorney general?
legal advisor to the crown
usually members of the House of Commons
advises the government and represents the crown in civil/criminal cases where important political issues arise
what is the role of a barrister?
have the rights of higher audience - high court and above
consultant offering specialized services as an advocate
cannot enter professional partnership with other barristers but they are members of chambers
what is the role of solicitors?
have the right to call themselves a solicitor
can conduct litigation
first point of contact for many individuals, deal with variety of problems
can also qualify for rights of audience
what is the purpose of the jury at trial?
jury states whether the accused is guilty or innocent
decision cannot be disputed
they are advised on points of law by the judge and apply this to facts of the case
