Unit 2 - The Court System

Question 1

what are the three classifications of courts?

Answer 1

superior vs inferior
trial vs appellate
criminal vs civil

Question 2

what is the difference between criminal and civil courts?

Answer 2

criminal courts : decide guilty or innocence, punish wrong-doer

civil : decide disputes between members of society and grant appropriate remedy

Question 3

what are the superior courts?

Answer 3

supreme court
court of appeal
high court
crown court

Question 4

what are the inferior courts?

Answer 4

county court
magistrates court
family court

Question 5

what is the difference between superior and inferior courts?

Answer 5

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

Question 6

what is the function of trial vs appellate courts?

Answer 6

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

Question 7

which are the appellate courts?

Answer 7

supreme court

court of appeal

high court

family court

Question 8

which courts are courts of first instance?

Answer 8

county court

high court

magistrates court

crown court

family court

Question 9

what are the civil courts of first instance?

Answer 9

country court

high court

family court

Question 10

what is the maximum financial jurisdiction of the county court?

Answer 10

disputes involving amounts up to £100,000

personal injury up to £50,000

Question 11

civil appeals system

Answer 11

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)

Question 12

what are the three types of criminal offence?

Answer 12

summary only offences

either-way offences

indictable only offences

Question 13

offences triable by indictment - what is the role of the judge and jury ?

Answer 13

judge advises jury on points of law

jurys comes to a decision on points of fact

Question 14

can a defendant appeal a conviction from the magistrates? does he require permission?

Answer 14

yes, to the crown court

no does not require permission

Question 15

can defendant appeal after indictable only offence? does he need permission?

Answer 15

yes he can

he does need permission

Question 16

what is the role of the Judicial Committee of the Privy Council?

Answer 16

appeals from commonwealth countries

Question 17

what is the role of the European court of justice?

Answer 17

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

Question 18

what is the role of the European court of human rights?

Answer 18

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

Question 19

what is the role of tribunals?

Answer 19

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

Question 20

what are the advantages of tribunals over courts?

Answer 20

quicker
cheaper
staffed by people who have expert knowledge
extensive practical experience

Question 21

how are tribunals controlled by the courts?

Answer 21

courts can interfere at any point whenever the legality of the tribunals action has been called into question

Question 22

what are statutory inquiries?

Answer 22

examine specific situations where courts may not have the expertise or appropriate procedure

e.g. misconduct in management of charity

Question 23

judicial inquiries

Answer 23

deal with specific issues of public interest

do not necessarily reach a decision - they investigate facts and reach conclusions

Question 24

how do tribunals differ from inquiries?

Answer 24

tribunals reach a decision by applying principles of law

inquiries is designed to obtain facts from all parties concerned

Question 25

what is the role of the lord chancellor?

Answer 25

government minister responsible for the judiciary and courts system

Question 26

what is the role of the lord chief justice?

Answer 26

responsibility for many judicial functions, previously undertaken by lord chancellor

Question 27

what is the judiciary?

Answer 27

term given to different roles in the court system

Question 28

what is the role of the attorney general?

Answer 28

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

Question 29

what is the role of a barrister?

Answer 29

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

Question 30

what is the role of solicitors?

Answer 30

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

Question 31

what is the purpose of the jury at trial?

Answer 31

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