County and High Courts Overview

Choose a study mode

Play Quiz
Study Flashcards
Spaced Repetition
Chat to Lesson

Podcast

Play an AI-generated podcast conversation about this lesson

Questions and Answers

What is the purpose of contacting ACAS in employment disputes?

  • To seek advice and early conciliation (correct)
  • To initiate legal proceedings immediately
  • To submit a formal claim to the Tribunal
  • To file a complaint against the employer

What must claimants do within 3 months from the event in employment rights cases?

  • Wait for a response from the trade union
  • Submit an ET1 form to make a claim (correct)
  • File an appeal to the High Court
  • Negotiate directly with the employer

In the context of employment disputes, what does mediation involve?

  • A public trial to resolve the issues
  • A neutral third party facilitating the discussion (correct)
  • A judge making a binding decision
  • Direct negotiation without assistance

How long does the respondent have to complete a response to an ET3 form after receiving the ET1?

<p>28 days (B)</p> Signup and view all the answers

What is meant by 'case management' in the context of employment disputes?

<p>A structured process to manage claims before court (D)</p> Signup and view all the answers

What is the maximum claim amount that can be handled in a multi track case before it is passed to the high court?

<p>£50,000 (B)</p> Signup and view all the answers

What is the primary responsibility of judges in civil cases?

<p>To ensure effective case management (D)</p> Signup and view all the answers

In which court is a defamation case typically heard?

<p>County Court (A)</p> Signup and view all the answers

What is required for a court decision made through Alternative Dispute Resolution (ADR) to be binding?

<p>Both parties must agree to a binding resolution (A)</p> Signup and view all the answers

What type of disputes are typically resolved through Alternative Dispute Resolution?

<p>Employment disputes (C)</p> Signup and view all the answers

How long does a typical court case last in front of a circuit judge?

<p>1 day (B)</p> Signup and view all the answers

What is the minimum claim amount for a case to be handled in multi track?

<p>£25,000 (B)</p> Signup and view all the answers

Which of the following courts deals with complex points of law or sums greater than £50,000?

<p>High Court (C)</p> Signup and view all the answers

What is the primary role of the Court of Appeal concerning cases from the Magistrates' Court?

<p>To deal with appeals against conviction or sentence (D)</p> Signup and view all the answers

Which of the following is considered an indictable offense?

<p>Manslaughter (C)</p> Signup and view all the answers

What are the maximum sentencing powers determined by?

<p>Common law or statute for specific offenses (C)</p> Signup and view all the answers

Which of the following offenses is typically triable either way?

<p>ABH (A)</p> Signup and view all the answers

When can an appeal to the Supreme Court be possible?

<p>On issues of general public importance with leave to appeal (B)</p> Signup and view all the answers

Which statement about the appeal process from the Crown Court is true?

<p>Defendants can appeal unsafe convictions or sentences (A)</p> Signup and view all the answers

What must happen before a case can be transferred from the Magistrates' Court to the Crown Court?

<p>A plea before venue must be conducted (B)</p> Signup and view all the answers

Which authority can appeal a sentence deemed unduly lenient?

<p>The Attorney-General (D)</p> Signup and view all the answers

What is the primary role of precedent in judicial decision-making?

<p>To ensure verdicts are based solely on the evidence and law (D)</p> Signup and view all the answers

What is a key function of pressure groups in jury trials?

<p>To ensure juries decide based on facts rather than other influences (A)</p> Signup and view all the answers

What issue arose in the Re Pinochet case that impacted the decision?

<p>One judge was associated with a party in the case (B)</p> Signup and view all the answers

What is a key aspect of judicial independence?

<p>Judges remain free from external pressures in their decisions (C)</p> Signup and view all the answers

How does judicial immunity benefit judges?

<p>It protects judges from legal action while in their role (D)</p> Signup and view all the answers

In the judicial context, what ensures the fairness of judges' decisions?

<p>The independence of the judiciary (C)</p> Signup and view all the answers

What happens if a judge makes an error during a trial?

<p>The error can be appealed against (A)</p> Signup and view all the answers

What professional background do judges typically have?

<p>Extensive knowledge and experience in law (C)</p> Signup and view all the answers

What is the purpose of Conditional Fee Agreements (CFAs)?

<p>To allow the client to fund a civil case privately without payments unless they win (A)</p> Signup and view all the answers

Which of the following services does the Public Defender Service NOT provide?

<p>Private funding options for civil cases (A)</p> Signup and view all the answers

What is the main function of Citizens Advice Bureaux?

<p>Offering general legal advice through numerous locations (A)</p> Signup and view all the answers

How is eligibility for free criminal legal aid determined?

<p>Through the defendant's solicitor or barrister handling the matter (A)</p> Signup and view all the answers

Which organization provides free legal representation while also offering advocacy experiences for junior lawyers?

<p>Free Representation Unit (B)</p> Signup and view all the answers

What change occurred regarding 'success fees' in CFAs after 2013?

<p>Success fees are no longer taken from compensation received by clients (D)</p> Signup and view all the answers

Which service is specifically targeted toward issues relevant to trade unions?

<p>Trades Unions (B)</p> Signup and view all the answers

What type of legal services do Pro Bono Lawyers provide?

<p>Free legal advice and representation (A)</p> Signup and view all the answers

Which of the following is NOT a characteristic of the Law Centres Network?

<p>Serves a specific geographical area only (B)</p> Signup and view all the answers

What is one of the main advantages of using juries in trials?

<p>They instill public confidence by involving ordinary members of society. (A)</p> Signup and view all the answers

One potential disadvantage of juries is that they can be influenced by outside factors. Which example illustrates this?

<p>Media coverage can sway jurors' opinions or decisions. (A)</p> Signup and view all the answers

Why might some jurors feel unhappy with their role in the trial process?

<p>Compulsory service can interfere with their personal lives. (A)</p> Signup and view all the answers

How do juries contribute to the concept of jury equity?

<p>They uphold democracy by ensuring ordinary citizens participate in justice. (A)</p> Signup and view all the answers

What is a significant drawback concerning the decision-making process of juries?

<p>Jurors may use bizarre methods to reach a verdict. (C)</p> Signup and view all the answers

What does the random selection of jurors aim to achieve?

<p>A diverse cross-section of the community. (D)</p> Signup and view all the answers

What is a possibility when juries are made up of diverse individuals?

<p>Jurors may possess incomplete or biased perspectives. (A)</p> Signup and view all the answers

What role do solicitors play in the legal system?

<p>They provide legal advice and advocate for clients in lower courts. (A)</p> Signup and view all the answers

Which of the following describes the role of barristers?

<p>They act as advocates in higher courts and provide specialized legal advice. (B)</p> Signup and view all the answers

What is a common criticism of jury verdicts?

<p>They can result in perverse decisions that undermine public confidence. (A)</p> Signup and view all the answers

What happens in the Supreme Court?

<p>It hears appeals regarding points of law in civil and criminal cases. (B)</p> Signup and view all the answers

Which of the following cases illustrates jury equity?

<p>R V Kronlid (C)</p> Signup and view all the answers

What does the Crown Court primarily handle?

<p>Serious criminal cases and appeals from lower courts. (A)</p> Signup and view all the answers

Which of the following is true about jury decision-making?

<p>It allows for discretion in delivering verdicts without explanation. (D)</p> Signup and view all the answers

Flashcards

Mediation

A neutral third party helps both sides reach an agreement without taking sides.

Negotiation

A process where parties try to resolve their issue directly, potentially face-to-face.

Mini Trial

A formal method of dispute resolution where a judge makes decisions based on evidence.

Claiming in an Employment Tribunal

A process where a claimant uses an ET1 form to start a claim in an employment tribunal.

Signup and view all the flashcards

ADR (Alternative Dispute Resolution)

Judges often encourage this before legal action.

Signup and view all the flashcards

Defamation

A legal claim alleging that someone has made false statements that caused harm to another's reputation.

Signup and view all the flashcards

Malicious Prosecution

A civil lawsuit filed when someone wrongly accuses another of a crime, resulting in prosecution.

Signup and view all the flashcards

Multi-Track

A type of court case in England and Wales that handles claims with a value between £25,000 and £50,000.

Signup and view all the flashcards

County Court

A court where civil cases are heard in England and Wales, typically for smaller claims.

Signup and view all the flashcards

High Court

A higher court in England and Wales that handles more complex legal issues and cases involving higher financial amounts.

Signup and view all the flashcards

Case Management

A process used by judges to manage civil court cases, including setting deadlines and resolving disputes.

Signup and view all the flashcards

Alternative Dispute Resolution (ADR)

A method of resolving disputes without going to court, such as mediation or arbitration.

Signup and view all the flashcards

Employment Tribunals

Legal proceedings that deal with disputes arising between employers and employees.

Signup and view all the flashcards

Indictable Offences

Offences that are serious enough to only be tried in the Crown Court. They carry the most severe potential sentences.

Signup and view all the flashcards

Triable-Either-Way Offences

Offences that can be heard in either the Magistrates' Court or the Crown Court. The choice depends on the seriousness of the crime.

Signup and view all the flashcards

Summary Offences

Offences that are less serious than the other categories and are always heard in the Magistrates' Court. These usually have a lesser penalty than the other two.

Signup and view all the flashcards

Appeal

A legal process where a convicted person applies to a higher court to review the decision of the lower court.

Signup and view all the flashcards

Appeal Process

The process of reviewing a conviction or sentence by a higher court. The aim is to ensure that the original decision was fair and accurate.

Signup and view all the flashcards

Appeal Application

A formal request to a higher court to reconsider a decision made by a lower court. It usually involves legal arguments and evidence.

Signup and view all the flashcards

Appeal Outcome

The outcome of an appeal, where the original decision is overturned or modified.

Signup and view all the flashcards

Appeal Against Sentence

A formal request to a higher court to review a decision made by a lower court, specifically related to the sentence given to a criminal offender.

Signup and view all the flashcards

Rule of Law

The principle that decisions in court should be based solely on the evidence and the law, without any external influence or bias.

Signup and view all the flashcards

Pressure Groups

Groups aiming to influence government policy on specific issues, often using lobbying or public campaigns.

Signup and view all the flashcards

Judicial Independence

The idea that judges should be free from interference or pressure from the government or other external actors.

Signup and view all the flashcards

Impartiality

The principle that judges should be impartial and not favor one side over the other.

Signup and view all the flashcards

Protection of Rights

The legal protection of citizens' rights against the actions of the government or other entities.

Signup and view all the flashcards

Extradition

The process of bringing someone to another country to face criminal charges.

Signup and view all the flashcards

Appealability

A legal principle that judges' decisions are not immune from review or reversal by higher courts.

Signup and view all the flashcards

Judicial Immunity

Immunity of judges from prosecution or lawsuits for their actions while carrying out their judicial duties.

Signup and view all the flashcards

Public Defender Service

A legal aid scheme that provides free legal representation to defendants in criminal cases, from the police station to the courts, including appeals.

Signup and view all the flashcards

Conditional Fee Agreement (CFA)

A type of legal funding agreement where clients only pay their solicitor's fees if they win their case. If they lose, they pay nothing.

Signup and view all the flashcards

Success Fee

A success fee added to the solicitor's fees in a Conditional Fee Agreement, paid by the client from their compensation if they win the case.

Signup and view all the flashcards

Other Advice Agencies

Organizations offering various legal services, including advice and assistance to individuals and communities, often with a focus on vulnerable groups.

Signup and view all the flashcards

Law Centres Network

A network of organizations offering free legal advice to individuals who cannot afford a lawyer.

Signup and view all the flashcards

Pro Bono Lawyers

Lawyers who volunteer their time and expertise to provide free legal advice and representation to those in need.

Signup and view all the flashcards

Free Representation Unit

An organization that provides free legal representation to the public, often focusing on cases with potential for social change.

Signup and view all the flashcards

Trades Unions

Organisations providing specific and specialised legal advice on issues related to employment and other matters pertinent to their members.

Signup and view all the flashcards

Merit Testing

A system used by the government to assess the eligibility of individuals for government funded legal services like legal aid.

Signup and view all the flashcards

Access to Justice

The ability of individuals to access the legal system and seek justice, regardless of their financial means.

Signup and view all the flashcards

Jury Deliberation

The process where a jury decides the verdict in a criminal trial.

Signup and view all the flashcards

Barrister

A legal professional who represents clients in court, often specializing in specific areas of law. They are typically self-employed and work outside of chambers.

Signup and view all the flashcards

Solicitor

A legal professional who acts as the first contact for clients seeking legal advice. They can also represent clients in lower courts.

Signup and view all the flashcards

Court of Appeal

The judicial body responsible for hearing appeals from lower courts in both criminal and civil cases.

Signup and view all the flashcards

Supreme Court

The highest court in the UK legal system, responsible for hearing appeals on points of law in both criminal and civil cases.

Signup and view all the flashcards

Jury Equity

The ability of all citizens to be judged by a jury of their peers, often seen as a cornerstone of a fair and democratic legal system.

Signup and view all the flashcards

Remand

A legal process where a person is temporarily held in custody while awaiting further legal proceedings.

Signup and view all the flashcards

Jury Nullification

A legal process that allows a jury to find a defendant not guilty, even if they believe the defendant committed the crime, based on factors such as public interest or mitigating circumstances.

Signup and view all the flashcards

Representative Jury

The principle that jurors should come from a diverse range of backgrounds, reflecting the society they are judging.

Signup and view all the flashcards

Right to Jury Trial

The right of a defendant to have their case heard by a jury, which is seen as a fundamental principle of a fair trial.

Signup and view all the flashcards

Unanimous Jury Verdict

The requirement for a unanimous verdict in a criminal trial, meaning all jurors must agree.

Signup and view all the flashcards

Majority Jury Verdict

The practice of allowing a majority of jurors to reach a verdict, even if not all jurors are in complete agreement.

Signup and view all the flashcards

11-1 Verdict

The practice of allowing 11 jurors to reach a verdict instead of 12, allowing for a more efficient process but potentially leading to concerns about fairness.

Signup and view all the flashcards

Jury Tampering

The concern that external factors, such as media coverage, can influence or even pressure jurors, potentially affecting the fairness of a trial.

Signup and view all the flashcards

Perverse Jury Verdict

A situation where jurors reach a verdict that is not justified by the facts of the case, potentially due to bias, misunderstanding, or other factors.

Signup and view all the flashcards

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.
  • 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.

Studying That Suits You

Use AI to generate personalized quizzes and flashcards to suit your learning preferences.

Quiz Team

Related Documents

Civil Courts & Appeals PDF

More Like This

Platelet Counts and Bleeding Disorders
8 questions
When Close Counts Quiz
10 questions

When Close Counts Quiz

AccomplishedBixbite avatar
AccomplishedBixbite
Understanding Blood Counts and Cancer Markers
44 questions
Use Quizgecko on...
Browser
Browser