Podcast
Questions and Answers
Which of the following courts solely handles criminal matters?
Which of the following courts solely handles criminal matters?
- High Court
- Crown Court (correct)
- Family Court
- County Court
What is one of the key characteristics of civil courts?
What is one of the key characteristics of civil courts?
- Handling disputes between individuals or organizations (correct)
- Reviewing decisions from lower courts
- Determining criminal guilt
- Conducting trials without a jury
Which court is responsible for hearing cases involving youths?
Which court is responsible for hearing cases involving youths?
- Court of Appeal
- Crown Court
- High Court
- Youth Court (correct)
Which statement reflects a significant aspect of the court system?
Which statement reflects a significant aspect of the court system?
In which court would a case involving a family dispute typically be heard?
In which court would a case involving a family dispute typically be heard?
What is the primary function of the arbiters of fact in criminal courts?
What is the primary function of the arbiters of fact in criminal courts?
Which court acts as the final authority in the legal system?
Which court acts as the final authority in the legal system?
Which of the following is not classified as a civil court?
Which of the following is not classified as a civil court?
What are primary sources of law characterized as?
What are primary sources of law characterized as?
Which of the following is NOT considered a primary source of law?
Which of the following is NOT considered a primary source of law?
What role do secondary sources of law play in legal studies?
What role do secondary sources of law play in legal studies?
Which of the following describes primary sources of law?
Which of the following describes primary sources of law?
What distinguishes secondary sources from primary sources of law?
What distinguishes secondary sources from primary sources of law?
What types of resources are classified as secondary sources of law?
What types of resources are classified as secondary sources of law?
In which context is case law considered a primary source of law?
In which context is case law considered a primary source of law?
What is the standard of proof required in civil courts?
What is the standard of proof required in civil courts?
Which court is known to have original jurisdiction in hearing cases on indictment?
Which court is known to have original jurisdiction in hearing cases on indictment?
In the appellate courts, what type of questions are they primarily concerned with?
In the appellate courts, what type of questions are they primarily concerned with?
What distinction is noted between the magistrates' court and other courts regarding jurisdiction?
What distinction is noted between the magistrates' court and other courts regarding jurisdiction?
What role do circuit judges play in the County Court?
What role do circuit judges play in the County Court?
What does the term 'balance of probabilities' refer to in civil law?
What does the term 'balance of probabilities' refer to in civil law?
Which option correctly identifies parties involved in criminal courts?
Which option correctly identifies parties involved in criminal courts?
What challenge is noted in categorizing courts by jurisdiction?
What challenge is noted in categorizing courts by jurisdiction?
What type of disputes does the Financial List primarily deal with?
What type of disputes does the Financial List primarily deal with?
Which court division addresses competition claims?
Which court division addresses competition claims?
The Intellectual Property List is divided into which two specific areas?
The Intellectual Property List is divided into which two specific areas?
What is a key feature of the civil court system regarding the jurisdiction of courts?
What is a key feature of the civil court system regarding the jurisdiction of courts?
What are the three tracks of civil claims as established by Rule 26.1(2) CPR 1998?
What are the three tracks of civil claims as established by Rule 26.1(2) CPR 1998?
Which type of disputes does the Property, Trusts and Probate List address?
Which type of disputes does the Property, Trusts and Probate List address?
What is the purpose of dividing civil claims into different tracks?
What is the purpose of dividing civil claims into different tracks?
Which claim can generally not be initiated in the County Court as per r7.1 CPR 1998?
Which claim can generally not be initiated in the County Court as per r7.1 CPR 1998?
What effect did the media have on the abolition of the double jeopardy rule?
What effect did the media have on the abolition of the double jeopardy rule?
Which group is specifically mentioned as campaigning for fathers' rights?
Which group is specifically mentioned as campaigning for fathers' rights?
What is one method that pressure groups use to influence law?
What is one method that pressure groups use to influence law?
Which Act abolished the double jeopardy rule under certain circumstances?
Which Act abolished the double jeopardy rule under certain circumstances?
What is a prominent characteristic of pressure groups?
What is a prominent characteristic of pressure groups?
How do pressure groups often communicate their message?
How do pressure groups often communicate their message?
Which of the following is an example of a pressure group focused on human rights?
Which of the following is an example of a pressure group focused on human rights?
What role did the Law Commission play in the double jeopardy rule change?
What role did the Law Commission play in the double jeopardy rule change?
Which type of offence requires a mode-of-trial hearing for its classification?
Which type of offence requires a mode-of-trial hearing for its classification?
What is the minimum age at which an individual can be tried in an ordinary adult court?
What is the minimum age at which an individual can be tried in an ordinary adult court?
What must always happen with criminal cases involving juveniles?
What must always happen with criminal cases involving juveniles?
Which of the following cases is NOT necessarily dealt with in the Youth Court?
Which of the following cases is NOT necessarily dealt with in the Youth Court?
What is required of magistrates who sit in the Youth Court?
What is required of magistrates who sit in the Youth Court?
What types of charges must be sent to the Crown Court when involving juveniles?
What types of charges must be sent to the Crown Court when involving juveniles?
What does the term 'either-way offence' refer to?
What does the term 'either-way offence' refer to?
What criteria could classify a juvenile as a 'dangerous offender' in court?
What criteria could classify a juvenile as a 'dangerous offender' in court?
Flashcards
Primary Sources of Law
Primary Sources of Law
The core legal materials that directly establish legal rules and principles.
Secondary Sources of Law
Secondary Sources of Law
Materials that explain, analyze, or interpret primary sources of law.
Legislation
Legislation
Laws passed by a legislature, like Parliament, that are written down and codified.
Case Law
Case Law
The body of law developed through court decisions, based on the principle of precedent.
Signup and view all the flashcards
Precedent
Precedent
The rule that judges must follow the decisions made by higher courts in previous cases that are legally similar.
Signup and view all the flashcards
Court Structure
Court Structure
The hierarchical structure of courts in England and Wales.
Signup and view all the flashcards
Applying Precedent
Applying Precedent
The act of referring to and applying the decisions made by previous courts in similar cases.
Signup and view all the flashcards
Examples of Secondary Sources
Examples of Secondary Sources
Journal articles, textbooks, and reports that help you understand and analyze primary sources of law.
Signup and view all the flashcards
Youth Court
Youth Court
The court where criminal cases involving young people are heard, dealing with offenses committed by individuals under 18.
Signup and view all the flashcards
Crown Court
Crown Court
The court in England that deals with the most serious criminal offenses, such as murder, rape, and robbery.
Signup and view all the flashcards
County Court
County Court
The court of first instance for civil disputes in England, dealing with a wide range of matters like personal injury, contract breaches, and debt recovery.
Signup and view all the flashcards
High Court
High Court
The court in England that has jurisdiction over both criminal and civil matters, including family cases and divorce.
Signup and view all the flashcards
Supreme Court
Supreme Court
The highest court in the UK, responsible for hearing appeals on both criminal and civil matters.
Signup and view all the flashcards
Magistrates' Court
Magistrates' Court
A court that deals with minor criminal offenses and civil disputes involving small amounts of money.
Signup and view all the flashcards
Court of Appeal (Criminal Division)
Court of Appeal (Criminal Division)
The part of the Court of Appeal dealing with appeals on criminal matters.
Signup and view all the flashcards
Court of Appeal (Civil Division)
Court of Appeal (Civil Division)
The part of the Court of Appeal handling appeals on civil matters.
Signup and view all the flashcards
Law Commission
Law Commission
The Law Commission is a body that reviews and recommends changes to existing laws. It aims to improve the clarity, consistency, and effectiveness of legal rules.
Signup and view all the flashcards
Public Opinion and Law
Public Opinion and Law
Public opinion can influence lawmaking, as demonstrated by the abolishment of the double jeopardy rule. This rule prevented people from being tried twice for the same crime, but it was abolished in cases where new & compelling evidence emerged.
Signup and view all the flashcards
Pressure Groups
Pressure Groups
Pressure groups advocate for specific causes or interests by lobbying lawmakers, organizing campaigns, and raising awareness. They use various strategies to impact public perception and pressure authorities.
Signup and view all the flashcards
Stephen Lawrence Case & Double Jeopardy
Stephen Lawrence Case & Double Jeopardy
The repeal of the double jeopardy rule was influenced by media pressure sparked by the Stephen Lawrence case. The media highlighted the acquittal of the suspects despite strong evidence, prompting a public outcry.
Signup and view all the flashcards
Media Impact on Law
Media Impact on Law
The media plays a significant role in shaping public opinion, which can, in turn, affect legal changes. By reporting on cases and issues, the media influences people's views.
Signup and view all the flashcards
Law Commission Approach
Law Commission Approach
The Law Commission's approach to law reform involves gathering evidence, researching options, consulting stakeholders, and proposing changes effectively.
Signup and view all the flashcards
Adaptability of Law
Adaptability of Law
The abolishment of the double jeopardy rule in cases with new compelling evidence reflects how the legal system adapts to societal changes and advancements.
Signup and view all the flashcards
Pressure Groups and Media
Pressure Groups and Media
Pressure groups heavily rely on media coverage to amplify their messages and reach a wider audience, mobilizing public support for their campaigns.
Signup and view all the flashcards
Claimant
Claimant
The party initiating a lawsuit in a civil case.
Signup and view all the flashcards
Defendant (Criminal)
Defendant (Criminal)
The party accused of wrongdoing in a criminal case.
Signup and view all the flashcards
Defendant (Civil)
Defendant (Civil)
The party accused of wrongdoing in a civil case.
Signup and view all the flashcards
Burden of Proof
Burden of Proof
The legal responsibility to prove a claim or allegation in court.
Signup and view all the flashcards
Beyond a Reasonable Doubt
Beyond a Reasonable Doubt
The standard of proof in criminal cases, requiring evidence beyond a reasonable doubt.
Signup and view all the flashcards
Balance of Probabilities
Balance of Probabilities
The standard of proof in civil cases, requiring proof that something is more likely than not.
Signup and view all the flashcards
Appellate Courts
Appellate Courts
Courts responsible for reviewing legal decisions made by lower courts.
Signup and view all the flashcards
Original Jurisdiction
Original Jurisdiction
The legal right to hear a case for the first time.
Signup and view all the flashcards
What is the Financial List?
What is the Financial List?
A specialized court within the Queen's Bench Division of the High Court of Justice that handles financial disputes exceeding £50 million, cases requiring market expertise, or matters of significant market importance.
Signup and view all the flashcards
What is the Competition List?
What is the Competition List?
It's a division within the High Court of Justice dedicated to resolving disputes arising from competition law, such as market abuse.
Signup and view all the flashcards
What is the Intellectual Property List?
What is the Intellectual Property List?
This list within the Chancery Division of the High Court of Justice handles various intellectual property disputes, including patents, registered designs, copyright, and trademark infringement.
Signup and view all the flashcards
What is the Property, Trusts and Probate List?
What is the Property, Trusts and Probate List?
This branch of the Chancery Division handles legal matters like landlord-tenant disputes, estate administration, and probate claims.
Signup and view all the flashcards
What is a 'track' in the civil court system?
What is a 'track' in the civil court system?
This is a category within the civil court system in England and Wales that designates a particular type of claim based on its value and complexity.
Signup and view all the flashcards
What are the three main tracks within the civil court system?
What are the three main tracks within the civil court system?
The Small Claims Track, Fast Track, and Multi Track are the three classifications used to direct civil claims according to their value, complexity, and required process.
Signup and view all the flashcards
What does 'concurrent jurisdiction' mean in the context of England and Wales' civil courts?
What does 'concurrent jurisdiction' mean in the context of England and Wales' civil courts?
It means that both the County Court and the High Court of Justice have the authority to hear similar types of cases. This gives the claimant the right to choose where to file a claim.
Signup and view all the flashcards
What are the restrictions on where a civil claim can be commenced in England and Wales?
What are the restrictions on where a civil claim can be commenced in England and Wales?
These are specific guidelines that limit where a civil claim can be initiated, based on factors like the location of the defendant or the subject matter of the dispute.
Signup and view all the flashcards
Summary-Only Offenses
Summary-Only Offenses
Offenses that can only be tried in the magistrates' court.
Signup and view all the flashcards
Either-Way Offenses
Either-Way Offenses
Offenses that can be tried in either the magistrates' court or the Crown Court, depending on the seriousness.
Signup and view all the flashcards
Indictable-Only Offenses
Indictable-Only Offenses
Offenses that are automatically sent to the Crown Court for trial.
Signup and view all the flashcards
Mode-of-Trial Hearing
Mode-of-Trial Hearing
A hearing held in the magistrates' court to determine whether an either-way offense should be tried in the magistrates' court or the Crown Court.
Signup and view all the flashcards
Youth Court Exceptions (Serious Offenses)
Youth Court Exceptions (Serious Offenses)
Charges involving serious offenses like homicide, firearms, or violent crimes must be sent to the Crown Court.
Signup and view all the flashcards
Youth Court Exceptions (Specified Offenses)
Youth Court Exceptions (Specified Offenses)
Charges involving 'specified offences', such as rape and manslaughter, and where the court considers the youth to be a 'dangerous offender', must be sent to the Crown Court.
Signup and view all the flashcards
Youth Court Exceptions (Lengthy Sentence)
Youth Court Exceptions (Lengthy Sentence)
Charges involving offences punishable by life imprisonment or imprisonment for 10 years or more, and where the offence charged might attract a lengthy sentence, must be sent to the Crown Court.
Signup and view all the flashcardsStudy Notes
Introduction to Sources of Law and Court Structure
- English courts are classified in several ways, including criminal/civil, trial/appellate, and superior/inferior
- Classification is necessary to structure the court system
- Courts follow a hierarchical structure, with cases heard in specific courts
- UK is bound by EU and ECHR laws
Sources of Law
- Primary sources are legislation and case law
- Secondary sources include journals, textbooks, and other supporting materials
- Primary sources are considered legally binding statements of law, whereas secondary sources are used to assist in understanding primary sources of law.
Constitution
- A constitution outlines the governing body's powers, duties, structure, and responsibility for its citizens
- UK does not have a codified constitution, unlike the US
- UK constitution is mostly based on legislation, case law, customs, and constitutional conventions
Lawmakers
- The UK government is tripartite (executive, legislature, and judiciary)
- Each branch has a specific role in lawmaking
- Executive: implementing the law
- Legislature: creating the law
- Judiciary: interpreting and applying the law
Influences on Lawmakers
- Law Commission: independent body for reviewing and recommending law reforms
- Media: shapes public opinion and influences policy
- Pressure groups: advocate for specific causes through campaigns, lobbying, and public pressure
Classification of Courts
- Courts are categorized based on criminal/civil trials, appellate/trial courts, and superior/inferior courts
- Criminal courts: resolve cases of alleged criminal conduct
- Civil courts: resolve disputes between individuals
- Trial courts: conduct first-instance hearings, fact-finding exercises
- Appellate courts: review decisions from lower courts to check judgments
- Superior courts have general jurisdiction & authority
- Inferior courts have limited jurisdiction & supervision by superior courts
Courts of England and Wales
- Different types of courts exist with varied jurisdictions, such as magistrates' court, Crown Court, and High Court
- Magistrates' Court: handles summary and some either-way offences
- Crown Court: deals with serious criminal matters (e.g., indictable offences) – High Court: handles more complex civil and some criminal cases(e.g., appeals)
- County Court: handles less complex civil cases
Appellate Courts
- Courts of Appeal: review decisions from lower courts and decide on points of law
- Supreme Court: highest court of appeal for all UK jurisdictions, dealing with cases of general importance and appeals from the Courts of Appeal
- Role of the Supreme Court is to ensure justice and check that lower court decisions are correct.
Online Courts and the Future
- Increasing use of technology in courts
- Focus on online dispute resolution (ODR), efficient procedures, and accessibility
- Future plans to enable online justice and efficiency improvements to the court processes.
- Introduction of the online court (April 2020) is anticipated
Key Debates/Questions
- Discussion on the classification of courts and its potential pointless nature
- Examination of the Supreme Court's role
- Discussion on the use of the County Court
- Discussion on the classification of courts
Studying That Suits You
Use AI to generate personalized quizzes and flashcards to suit your learning preferences.