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Questions and Answers
What is the purpose of contacting ACAS in employment disputes?
What is the purpose of contacting ACAS in employment disputes?
What must claimants do within 3 months from the event in employment rights cases?
What must claimants do within 3 months from the event in employment rights cases?
In the context of employment disputes, what does mediation involve?
In the context of employment disputes, what does mediation involve?
How long does the respondent have to complete a response to an ET3 form after receiving the ET1?
How long does the respondent have to complete a response to an ET3 form after receiving the ET1?
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What is meant by 'case management' in the context of employment disputes?
What is meant by 'case management' in the context of employment disputes?
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What is the maximum claim amount that can be handled in a multi track case before it is passed to the high court?
What is the maximum claim amount that can be handled in a multi track case before it is passed to the high court?
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What is the primary responsibility of judges in civil cases?
What is the primary responsibility of judges in civil cases?
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In which court is a defamation case typically heard?
In which court is a defamation case typically heard?
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What is required for a court decision made through Alternative Dispute Resolution (ADR) to be binding?
What is required for a court decision made through Alternative Dispute Resolution (ADR) to be binding?
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What type of disputes are typically resolved through Alternative Dispute Resolution?
What type of disputes are typically resolved through Alternative Dispute Resolution?
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How long does a typical court case last in front of a circuit judge?
How long does a typical court case last in front of a circuit judge?
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What is the minimum claim amount for a case to be handled in multi track?
What is the minimum claim amount for a case to be handled in multi track?
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Which of the following courts deals with complex points of law or sums greater than £50,000?
Which of the following courts deals with complex points of law or sums greater than £50,000?
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What is the primary role of the Court of Appeal concerning cases from the Magistrates' Court?
What is the primary role of the Court of Appeal concerning cases from the Magistrates' Court?
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Which of the following is considered an indictable offense?
Which of the following is considered an indictable offense?
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What are the maximum sentencing powers determined by?
What are the maximum sentencing powers determined by?
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Which of the following offenses is typically triable either way?
Which of the following offenses is typically triable either way?
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When can an appeal to the Supreme Court be possible?
When can an appeal to the Supreme Court be possible?
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Which statement about the appeal process from the Crown Court is true?
Which statement about the appeal process from the Crown Court is true?
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What must happen before a case can be transferred from the Magistrates' Court to the Crown Court?
What must happen before a case can be transferred from the Magistrates' Court to the Crown Court?
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Which authority can appeal a sentence deemed unduly lenient?
Which authority can appeal a sentence deemed unduly lenient?
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What is the primary role of precedent in judicial decision-making?
What is the primary role of precedent in judicial decision-making?
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What is a key function of pressure groups in jury trials?
What is a key function of pressure groups in jury trials?
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What issue arose in the Re Pinochet case that impacted the decision?
What issue arose in the Re Pinochet case that impacted the decision?
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What is a key aspect of judicial independence?
What is a key aspect of judicial independence?
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How does judicial immunity benefit judges?
How does judicial immunity benefit judges?
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In the judicial context, what ensures the fairness of judges' decisions?
In the judicial context, what ensures the fairness of judges' decisions?
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What happens if a judge makes an error during a trial?
What happens if a judge makes an error during a trial?
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What professional background do judges typically have?
What professional background do judges typically have?
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What is the purpose of Conditional Fee Agreements (CFAs)?
What is the purpose of Conditional Fee Agreements (CFAs)?
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Which of the following services does the Public Defender Service NOT provide?
Which of the following services does the Public Defender Service NOT provide?
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What is the main function of Citizens Advice Bureaux?
What is the main function of Citizens Advice Bureaux?
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How is eligibility for free criminal legal aid determined?
How is eligibility for free criminal legal aid determined?
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Which organization provides free legal representation while also offering advocacy experiences for junior lawyers?
Which organization provides free legal representation while also offering advocacy experiences for junior lawyers?
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What change occurred regarding 'success fees' in CFAs after 2013?
What change occurred regarding 'success fees' in CFAs after 2013?
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Which service is specifically targeted toward issues relevant to trade unions?
Which service is specifically targeted toward issues relevant to trade unions?
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What type of legal services do Pro Bono Lawyers provide?
What type of legal services do Pro Bono Lawyers provide?
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Which of the following is NOT a characteristic of the Law Centres Network?
Which of the following is NOT a characteristic of the Law Centres Network?
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What is one of the main advantages of using juries in trials?
What is one of the main advantages of using juries in trials?
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One potential disadvantage of juries is that they can be influenced by outside factors. Which example illustrates this?
One potential disadvantage of juries is that they can be influenced by outside factors. Which example illustrates this?
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Why might some jurors feel unhappy with their role in the trial process?
Why might some jurors feel unhappy with their role in the trial process?
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How do juries contribute to the concept of jury equity?
How do juries contribute to the concept of jury equity?
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What is a significant drawback concerning the decision-making process of juries?
What is a significant drawback concerning the decision-making process of juries?
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What does the random selection of jurors aim to achieve?
What does the random selection of jurors aim to achieve?
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What is a possibility when juries are made up of diverse individuals?
What is a possibility when juries are made up of diverse individuals?
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What role do solicitors play in the legal system?
What role do solicitors play in the legal system?
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Which of the following describes the role of barristers?
Which of the following describes the role of barristers?
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What is a common criticism of jury verdicts?
What is a common criticism of jury verdicts?
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What happens in the Supreme Court?
What happens in the Supreme Court?
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Which of the following cases illustrates jury equity?
Which of the following cases illustrates jury equity?
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What does the Crown Court primarily handle?
What does the Crown Court primarily handle?
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Which of the following is true about jury decision-making?
Which of the following is true about jury decision-making?
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Study Notes
County and High Courts
- County courts hear cases in open court with a single district judge. Examples include negligence, debt, and probate claims.
- High courts hear cases in open court, with assignment to three divisions:
- King's Bench Division (claims over £100,000 and complex points of law, split into administrative and circuit commercial court)
- Chancery Division (tort claims over £100,000, split into insolvency and companies list court)
- Family Division (private hearings for sensitive matters like child welfare and foreign aspects).
- High courts also hear appeals and cases with foreign elements, dealing with pre-trial matters like compensation and liability.
Appeals and Appellate Courts
- Appeals are made to a higher court to alter a decision.
- Appeals must happen within 21 days.
- Appeals are heard by a panel of three judges (the next higher court).
- Appeals can be made from district judge to circuit judge, and from circuit to high court, and finally to the Court of Appeal, or sometimes to the Supreme Court.
- Further appeals to the Supreme Court require permission from either the Court of Appeal or the original court.
Civil Courts and ADR
- Civil courts hear disputes between citizens and entities.
- Employment tribunals deal with employment rights issues (e.g., unfair dismissal, discrimination) within three months of the event.
- ADR (Alternative Dispute Resolution) methods, like negotiation, mediation, and arbitration, are used in civil cases.
- Negotiation: direct, face-to-face resolution.
- Mediation: neutral third party facilitates discussion.
- Conciliation: third party actively suggests compromise solutions.
- Arbitration: a third party (arbitrator) hears arguments and makes a binding decision.
Criminal Courts and Lay People
- Magistrates' courts handle 97% of cases, trying summary and most triable-either-way offenses.
- Crown courts try more serious indictable offenses (e.g., murder, manslaughter, robbery) and handle appeals against magistrates' court decisions.
- Criminal offenses are classified as:
- Indictable: heard primarily in crown courts.
- Triable-either-way: heard in magistrates' or crown courts.
- Summary: heard in magistrates' courts.
- Sentencing aims include punishment, crime reduction, rehabilitation, and public protection.
- Sentencing factors include aggravating (worsening) and mitigating (lessening) circumstances.
- Sentencing types include custodial (imprisonment), non-custodial (community service, fines), and discharges.
Magistrates
- Magistrates are non-lawyers aged 18-65, selected based on good character, reliability, social awareness, logical thinking, and communication.
- Appointed through a recruitment process managed by local committees and scrutinized by senior judges.
- Magistrates' main roles are hearing cases, leading preliminary hearings, and assisting in appeals.
Juries
- Juries are citizens aged 18-75, selected from electoral registers, not disqualified for jury service.
- Selection involves a summons, challenge processes, and random selection.
- Chosen jurors appoint a foreperson.
- Juries hear cases in crown court, deciding the verdict based on facts presented.
Evaluation of Courts and Tribunals
- Various points are considered to evaluate and analyze the effectiveness (or lack thereof) of court and/or tribunal systems.
Role of Legal Personnel
- Barristers are specialists who provide legal advice and representation in higher courts.
- Solicitors are first-point contacts for legal advice and representation in lower courts.
- Legal executives work alongside solicitors, providing legal advice and drafting documents.
- Roles are defined by legal standards and conduct established by governing bodies, like the Bar Council and Law Society.
Judicial Independence
- Security of Tenure: Judges are protected from dismissal except under specific conditions like misconduct or incapacity.
- Immunity from Suit: Judges are protected from legal action for official decisions ("In good faith").
-
Independence from External Pressures: Judges ought to be free of any political interference, pressure groups, and other external factors.
- The judiciary in some cases has shown its ability to challenge the executive to uphold the rule of law.
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Description
This quiz covers the structure and function of county and high courts, including the types of cases they hear and the process of appeals. Learn about the different divisions of high courts and the role of appellate courts in the judicial system.
