Week 3 - Case Law Flashcards
What is case law in the English Legal System?
Important areas of law have their basis in case law, for example, law relating to the constitution or to murder
Legislation is interpreted and applied in case law according to the rules of statutory interpretation
What is Stare Decisis and what are the basic proposition of this doctrine
It is the heart of the common law system, also known as the doctrine of precedent
It can be translated as “let the decision stand”
It is designed to bring certainty to the law
The basic propositions of this doctrine are:
- A case should normally be dealt with in the same way as previous cases
- The law can only be changed according to the hierarchy of the courts
Court Hierarchy and Structure
The doctrine of precedent depends on a clear structure or hierarchy for the courts
The Magistrates court hears criminal and civil cases. Most serious criminal cases go straight to the Crown Court
In the civil division, cases often start in the County Court and may progress through different routes
The tribunal system has its own way of delaing with cases and appeal
What is the Magistrates Court
Deals mainly with criminals, but also some civil cases
Cases are heard by a magistrate or district judges
For criminal cases, the court deals with:
- Summary offences
- Either way offended
- Indictable offences
What is a summary offence?
These are less serious for example driving offences, and minor assault and they are not entitled to a trial by jury
What is an either way offence?
This is either by the Magistrates Court or the Crown Court.
Theft can insist on their trial at the court
Indictable offences
These are passed to the Crown Court
For example, murder must be heard at the crown court with a judge and jury
The magistrates court will decide weather to grant bail or other restriction and then immediatly apss the case to the crown court
What is the Country Court
This deals with civil cases only
Cases are of a less serious nature and could include claims relating to breach of contract, negligence, personal injury or property
What is the crown court
They can hear cases at first instance or on appeal
They mainly hear criminal cases
Family Court
A separate court with jurisdiction over all family proceedings, including those related to adoption, divorce, domestic abuse, cases involving children
Also hears appeals from families
High Court
The High Court of Justice in England has three divisions:
- The Kings Bench Division, includes specialist courts
- The Family Division (cases that go beyond the family court)
- The Chancery Division (cases relating to trusts, wills, tax claims etc)
The High Court has supervisory jurisdiction over all subordinate courts
Court of appeal
The court of appeal hears from lower courts and tribunals
It’s divided into two divisions:
- The criminal division
- The civil division
The court consists of a number of senior judges: The Lord/Lady Chief Justice of England and Wales, the Master of the Rolls, the heads of Division of the High Court, and 39 Ordinary lord/lady justices of appeal
UK Supreme Court
Created by the Constitutional Reform Act 2005
The newest court in the system, and it is a court for the UK as a whole
Replaced the Supreme Court of Appeal which was made up of the 12 Lords of Appeal in Ordinary, or Law Lords, who sat in the House of Lords
The UK Supreme Court is now made up of 12 justices, who do not take part in parliamentary processes
It is the final court of appeal. Its decisions are binding on all lower courts. It can depart from its own case law ‘when it appears right to do so’. It is selective and hears cases of general public importance
Law reporting
In 1865 the Incorporated Council of Law Reporting (ICLR) for England and Wales was established
Today the ICLR is still recognized as the authorised publisher of the official series of the law reports
