Week 1 Flashcards
EU Law and Court Structure and Appeals
When did EU Law become a part of English Law?
When the UK joined the EU in 1973 through the European Communities Act 1972.
What’re the 2 types of law EU Law consists of?
Primary and Secondary Law
What is Primary Law (EU)?
Treaties - Binding agreements between EU member countries
What is Secondary Law (EU)?
Regulations - Binding; apply automatically and uniformly to all member states
Directives - do not apply directly, member states must implement into their own national laws
Decisions of CJEU - Binding on those who they are addressed
Recommendations and Opinions - Not binding
When did the UK vote to leave the EU?
23rd June 2016
When was the transition period for the UK leaving the EU?
The UK left the EU 31st January 2020 with a transition period in place until 31st December 2020.
What happens to the EU Law within the UK now that the UK has left the EU?
The UK’s post Brexit law takes precedence over EU Law.
What’s the levels to the Civil Court System?
Supreme Court’
^
Court of Appeal
^
High Court (links to SC)
^
County Court (links to COA)
What’re the 3 tracks that the County Court has?
Small Claims, Fast Track and Multi Track.
TELL ME ABOUT SMALL CLAIMS
- <£10,000
- Informal
- Often self represented
- Single District Judge
TELL ME ABOUT FAST TRACK
- £10K TO £25K
- One Day Hearing
- District Judge or Circuit Judge
TELL ME ABOUT MULTI TRACK
- Above £25k
- More complex cases
- District Judge, Recorder or Circuit Judge
Why do people generally represent themselves in the Small Claims Court?
To avoid legal fees.
Tell the 1 thing about High Court
- Hears higher value or complex civil cases at first instance
- Sits in different centres all over the country
- Operates in three divisions
What’re the 3 divisions of the High Court
Queen’s Bench, Chancery and Family
TELL ME ABOUT THE QUEEN’S BENCH
- First Instance complex civil cases
- Common law business not allocated to the Chancery Division
- Civil wrongs
TELL ME ABOUT CHANCERY
- Company Law, Partnerships, Insolvency etc
- Appeals from county court on probate, insolvency
TELL ME ABOUT FAMILY IN REGARDS TO THE COURT
- Matrimonial, divorce, financial arrangements and Children Act
Tell me 1 thing about the Court of Appeal
- There’s a civil and criminal
- 2nd highest domestic court
- Hears civil and criminal appeals from the High Court and the Crown Court
- 3 Lady/Lord of Justices of Appeal
Tell me 1 thing about the Supreme Court
- Replaced the House of Lords
- Hears civil and criminal appeals from the Court of Appeal and occasionally the High Court
- Five Justices sit to hear cases, though constitution of the court may vary from 3 to 11 depending on the appeal
What are the levels to the Criminal Court System?
Supreme Court
Court of Appeal
High Court (links to supreme court)
Crown Court
Magistrates Court (links to high court)
TELL ME ABOUT THE MAGISTRATES COURT
- Hear less serious (summary) criminal instance
- More serious (indictable) cases start here to ensure there is a case to answer before sending to crown court
- Either-way criminal cases start here
- It can only impose limited sentence - up to 12 months
- Maty commit for longer sentence to the Crown Court
- Composed largely of lay magistrates and some qualified District judges
What does it mean when a case is either-way?
Cases where the defendant can choose to continue their case in the magistrates court, elect to be in the Crown Court and have a trial by jur.
TELL ME ABOUT THE CROWN COURT
- Hears serious criminal cases at 1st instance
- Cases are heard by indictment
- Judge and Jury of 12 sit
- Judge decides on law; jury decides on facts
- Judge also decides sentencing in cases referred from the Magistrates Court for that purpose
