the structure and function of courts
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- Created by: _marxlee
- Created on: 12-01-18 10:52
what is the role of criminal courts?
determine guilt or innocence of defendants- punish convicted offenders-prosecution- behalf of state
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what is the role of civil courts?
resolution of disputes between individuals and award remedies to successful claimants-monetary damages-behalf of individuals
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what is the role of trial courts?
cases at first instance- matters of fact and law to make a ruling- apply law to facts of the case
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what is the role of appellate courts
application of legal principles to a case already heard at first instance-not determining facts- interpretation of case with law
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what is the role of superior courts
not bound by geography or costs- can hear cases nation wide- important cases of precedent- Supreme Court, high court, appeal court, court of appeal.
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what is the role of inferior courts
hear majority of the cases- geographically and cost bound- crown court, county court, and magistrates.
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what is the role of the court of justice of the european union?
interpretation of EU legislation, disputes between member states comes into our law- an authority on the way EU law should be implemented on our law
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what is the supreme court?
highest court in the land- 12 justices of the supreme court- 1 female- final court of appeal for all civil cases in the UK and all criminal cases except for Scotland- 5/7/9 sit to hear appeals- holders of high judicial office- about 85 appeals a year
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what are the supreme court bound to?
the court of justice of the european union
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what do the supreme courts opinions bind?
all lower courts
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what is the practice statement 1966-
supreme court is not bound by previous decisions.
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what is the court of appeal?
doesn’t include questions of fact but law- civil and criminal divisions- binds all lower courts- also binds itself with exceptions
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what are the exceptions?
young v Bristol aeroplane 1944- conflicting decisions; conflict with supreme court; per incuriam
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what is per incuriam?
'through carelessness or lack of care' including without regard to appropriate statutory provision or binding precedent.
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what is the court of appeal criminal division?
ntirely appellate from the crown courts against conviction, sentence, or finding of fact
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what is the court of appeal civil division
appeals from the 3 divisions of the HC and tribunals
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what are the different divisions of the high court?
queens bench, family, chancery
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what is the queens bench division?
hears criminal and civil cases- criminal= appeals by way of ‘case stated’ from magistrates courts and appeals from crown court sitting without a jury- civil= tort at first instance and appeals from county court
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what is the family division?
inherent jurisdiction of cases of divorce, adoption and warship, wills probate, domestic violence
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what is the chancery division?
business and property related disputed, company law, insolvency
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what is the high court bound by?
CJEU, supreme court and court of appeal- bound by its own earlier decisions in civil matters subject to rules of Young v Bristol Aeroplane
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what was the legal ruling in R v Greater manchester coroner ex parte tal 1984
the court can depart from its own earlier decisions in criminal matters
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is the high court bound by earlier decisions?
no
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what is the administrative court?
determination whether a public body has acted lawfully- applicant must have standing- illegality, irrationality, procedural impropriety- proportionality-HR- a breach of the ECHR 1998 s6
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what is the county court?
- all but the most complicated of civil cases (debt, housing)
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what is the crown court?
trials in indictment by jury- anything that is outside the sentencing remit of magistrate’s court; no precedent
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what is the magistrates court?
criminal proceedings- 90% begin and end there- summary offences- applications for bail, youth courts; civil proceedings, highways, bye-laws, public health, licensing, justices of the peace or district judge
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what is the family court?
22nd april 2014- 17 (2) crime and courts act 2013-jurisdiction in all family proceedings; national
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what are tribunals?
specialised tribunals developed over the 20th century- easier and cheaper to resolve complaints disputes e.g. employment, rent etc
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what is the purpose of civil cases?
seeks compensation for a wrong committed
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what is the purpose of criminal cases
seeks to convict those guilty of committing criminal offences
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who has the burden of proof in criminal trials?
prosecution
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who has the burden of proof in civil trials?
claimant- he who asserts must prove
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whats the standard of proof in criminal cases
beyond reasonable doubt
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whats the standard of proof in civil cases?
on the balance of probabilities
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Other cards in this set
Card 2
Front
what is the role of civil courts?
Back
resolution of disputes between individuals and award remedies to successful claimants-monetary damages-behalf of individuals
Card 3
Front
what is the role of trial courts?
Back
Card 4
Front
what is the role of appellate courts
Back
Card 5
Front
what is the role of superior courts
Back
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