week 2 - The Courts Flashcards
1
Q
Hierarchy
A
- Order of power
- Structure of authority + precedence w/in a legal system
2
Q
Hierarchy of courts
A
- Supreme Court
- Court of Appeal - divided into 2 divisions = Criminal + Civil
- Crown Court
- Magistrates Court
- High Court - divided into 3 Courts = King’s Bench, Chancery + Family)
- County Court
3
Q
Superior courts
A
Sets precedents
4
Q
Supreme Court
A
- Only hears appeal cases involving a point of law = public importance
- Highest court of appeal
- Interprets + clarifies meaning of law in cases = no uncertainty
- Has appellate jurisdiction only, no cases.
5
Q
What is appellate jurisdiction?
A
A court has to hear an appeal against a decision made by a lower court
6
Q
Court of Appeal
A
- Civil division (2nd highest below supreme court)
- Deals w/ appeals against sentence from crown courts
- Appellate court
- Hears appeals from county court, high courts, and certain tribunals. E.g., employment and immigration
7
Q
Crown Court
A
- Responsible for deciding the law, but facts are left up to jury.
- Deals w/ criminal cases E.g., murder, rape or robbery
- Hears appeals + sentences for cases from magistrate’s courts.
8
Q
Magistrates court
A
- Deal w/ summary cases (low level) E.g., littering, speeding fines, drinking disorder.
- Deals w/ triable -either way offences + preliminary issues (youth court, family court and remands and bail)
- Lay person = no formal qualifications
- Can impose imprisonment for 6 months for 1 offence.
- Appeals in crown court.
- Cannot produce binding/ persuasive precedents but follow them.
9
Q
High Court
A
- Deals w/ civil cases + appeals from lower county courts
- Hears any civil case
- High court proceedings occur in registries throughout England + Wales.
- 3 main divisions: kings’ bench, chancery + family.
10
Q
King’s Bench
A
- 70 judges
- Hears matter + cases tried by single judge but right to jury trial for fraud, slander and false imprisonment.
- Contract tort cases = amount claimed over £100,000
11
Q
Chancery
A
- Deals w/ disputes involving insolvency, both for companies and individuals + other equitable matters. E.g., mortgages, contested probate actions, trademarks, copyrights + patents.
12
Q
Family
A
- Hears matters involving children, wardship, guardship, probate, adoption and matrimonial actions
- 18 high courts judges
- Crime and Courts Act (2013)
13
Q
County court
A
- Decide the law, the facts and who has won the case.
- Deals w/ minor cases in civil courts. E.g., recovery of land, contract and tort claims.
- District judges
- Inferior court, low level
- County Courts -> High Court -> Court of Appeal
- Civil cases w/value of less £100,000
14
Q
Classification of offences
A
- Summary Offences
- Triable Either Way Offences
- Indictable Offences
15
Q
What is Summary Offences?
A
Less serious cases heard by a magistrate
