Law Chapter: Court Structure and Sources of Law

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Questions and Answers

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?

  • 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?

  • Court of Appeal
  • Crown Court
  • High Court
  • Youth Court (correct)

Which statement reflects a significant aspect of the court system?

<p>Some courts have dual jurisdictions for criminal and civil matters. (D)</p> Signup and view all the answers

In which court would a case involving a family dispute typically be heard?

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

What is the primary function of the arbiters of fact in criminal courts?

<p>To determine the guilt or innocence of the defendant (C)</p> Signup and view all the answers

Which court acts as the final authority in the legal system?

<p>Supreme Court (D)</p> Signup and view all the answers

Which of the following is not classified as a civil court?

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

What are primary sources of law characterized as?

<p>The pre-eminent forms of legal information (A)</p> Signup and view all the answers

Which of the following is NOT considered a primary source of law?

<p>Journal articles (D)</p> Signup and view all the answers

What role do secondary sources of law play in legal studies?

<p>They assist in understanding primary sources. (B)</p> Signup and view all the answers

Which of the following describes primary sources of law?

<p>They are statements of laws imposed by legal institutions. (A)</p> Signup and view all the answers

What distinguishes secondary sources from primary sources of law?

<p>Secondary sources provide commentary on legislation. (A)</p> Signup and view all the answers

What types of resources are classified as secondary sources of law?

<p>Textbooks, journal articles, and reports. (C)</p> Signup and view all the answers

In which context is case law considered a primary source of law?

<p>It is a statement of law established by previous decisions. (A)</p> Signup and view all the answers

What is the standard of proof required in civil courts?

<p>Balance of probabilities (A)</p> Signup and view all the answers

Which court is known to have original jurisdiction in hearing cases on indictment?

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

In the appellate courts, what type of questions are they primarily concerned with?

<p>Questions of law (C)</p> Signup and view all the answers

What distinction is noted between the magistrates' court and other courts regarding jurisdiction?

<p>Magistrates' Court maintains only original jurisdiction (A)</p> Signup and view all the answers

What role do circuit judges play in the County Court?

<p>They have appellate jurisdiction over decisions of district judges (A)</p> Signup and view all the answers

What does the term 'balance of probabilities' refer to in civil law?

<p>The proof required to win a civil case (C)</p> Signup and view all the answers

Which option correctly identifies parties involved in criminal courts?

<p>Prosecution and Defendant (B)</p> Signup and view all the answers

What challenge is noted in categorizing courts by jurisdiction?

<p>Many courts exercise both original and appellate jurisdiction (D)</p> Signup and view all the answers

What type of disputes does the Financial List primarily deal with?

<p>Financial disputes over £50 million or requiring market expertise (C)</p> Signup and view all the answers

Which court division addresses competition claims?

<p>Competition List (B)</p> Signup and view all the answers

The Intellectual Property List is divided into which two specific areas?

<p>Patent Court and Intellectual Property and Enterprise Court (B)</p> Signup and view all the answers

What is a key feature of the civil court system regarding the jurisdiction of courts?

<p>The County Court and High Court have concurrent jurisdiction (C)</p> Signup and view all the answers

What are the three tracks of civil claims as established by Rule 26.1(2) CPR 1998?

<p>Small-claims track, fast-track, and multi-track (C)</p> Signup and view all the answers

Which type of disputes does the Property, Trusts and Probate List address?

<p>Landlord and tenant disputes, and probate claims (C)</p> Signup and view all the answers

What is the purpose of dividing civil claims into different tracks?

<p>To ensure efficient management of civil claims (C)</p> Signup and view all the answers

Which claim can generally not be initiated in the County Court as per r7.1 CPR 1998?

<p>Certain high-value claims that must be filed in the High Court (A)</p> Signup and view all the answers

What effect did the media have on the abolition of the double jeopardy rule?

<p>It caused the government to conduct an inquiry. (A)</p> Signup and view all the answers

Which group is specifically mentioned as campaigning for fathers' rights?

<p>Fathers4Justice (D)</p> Signup and view all the answers

What is one method that pressure groups use to influence law?

<p>Lobbying Members of Parliament (A)</p> Signup and view all the answers

Which Act abolished the double jeopardy rule under certain circumstances?

<p>The Criminal Justice Act 2003 (A)</p> Signup and view all the answers

What is a prominent characteristic of pressure groups?

<p>They share a common interest or campaign. (C)</p> Signup and view all the answers

How do pressure groups often communicate their message?

<p>They rely significantly on the media. (A)</p> Signup and view all the answers

Which of the following is an example of a pressure group focused on human rights?

<p>Amnesty International (B)</p> Signup and view all the answers

What role did the Law Commission play in the double jeopardy rule change?

<p>It provided a report recommending the law be changed. (A)</p> Signup and view all the answers

Which type of offence requires a mode-of-trial hearing for its classification?

<p>Either-way offences (D)</p> Signup and view all the answers

What is the minimum age at which an individual can be tried in an ordinary adult court?

<p>18 years old (D)</p> Signup and view all the answers

What must always happen with criminal cases involving juveniles?

<p>They must go through the Youth Court. (D)</p> Signup and view all the answers

Which of the following cases is NOT necessarily dealt with in the Youth Court?

<p>A charge of homicide involving a 17-year-old (D)</p> Signup and view all the answers

What is required of magistrates who sit in the Youth Court?

<p>To have additional special training (C)</p> Signup and view all the answers

What types of charges must be sent to the Crown Court when involving juveniles?

<p>Charges involving homicide, firearms, or violent offences (C)</p> Signup and view all the answers

What does the term 'either-way offence' refer to?

<p>An offence that can be tried in magistrates’ court or Crown Court depending on circumstances (B)</p> Signup and view all the answers

What criteria could classify a juvenile as a 'dangerous offender' in court?

<p>Serious offences punishable by life imprisonment (A)</p> Signup and view all the answers

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Flashcards

Primary Sources of Law

The core legal materials that directly establish legal rules and principles.

Secondary Sources of Law

Materials that explain, analyze, or interpret primary sources of law.

Legislation

Laws passed by a legislature, like Parliament, that are written down and codified.

Case Law

The body of law developed through court decisions, based on the principle of precedent.

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Precedent

The rule that judges must follow the decisions made by higher courts in previous cases that are legally similar.

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Court Structure

The hierarchical structure of courts in England and Wales.

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Applying Precedent

The act of referring to and applying the decisions made by previous courts in similar cases.

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Examples of Secondary Sources

Journal articles, textbooks, and reports that help you understand and analyze primary sources of law.

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Youth Court

The court where criminal cases involving young people are heard, dealing with offenses committed by individuals under 18.

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Crown Court

The court in England that deals with the most serious criminal offenses, such as murder, rape, and robbery.

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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.

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High Court

The court in England that has jurisdiction over both criminal and civil matters, including family cases and divorce.

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Supreme Court

The highest court in the UK, responsible for hearing appeals on both criminal and civil matters.

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Magistrates' Court

A court that deals with minor criminal offenses and civil disputes involving small amounts of money.

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Court of Appeal (Criminal Division)

The part of the Court of Appeal dealing with appeals on criminal matters.

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Court of Appeal (Civil Division)

The part of the Court of Appeal handling appeals on civil matters.

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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.

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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.

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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.

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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.

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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.

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Law Commission Approach

The Law Commission's approach to law reform involves gathering evidence, researching options, consulting stakeholders, and proposing changes effectively.

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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.

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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.

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Claimant

The party initiating a lawsuit in a civil case.

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Defendant (Criminal)

The party accused of wrongdoing in a criminal case.

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Defendant (Civil)

The party accused of wrongdoing in a civil case.

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Burden of Proof

The legal responsibility to prove a claim or allegation in court.

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Beyond a Reasonable Doubt

The standard of proof in criminal cases, requiring evidence beyond a reasonable doubt.

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Balance of Probabilities

The standard of proof in civil cases, requiring proof that something is more likely than not.

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Appellate Courts

Courts responsible for reviewing legal decisions made by lower courts.

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Original Jurisdiction

The legal right to hear a case for the first time.

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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.

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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.

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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.

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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.

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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.

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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.

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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.

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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.

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Summary-Only Offenses

Offenses that can only be tried in the magistrates' court.

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Either-Way Offenses

Offenses that can be tried in either the magistrates' court or the Crown Court, depending on the seriousness.

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Indictable-Only Offenses

Offenses that are automatically sent to the Crown Court for trial.

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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.

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Youth Court Exceptions (Serious Offenses)

Charges involving serious offenses like homicide, firearms, or violent crimes must be sent to the Crown Court.

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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.

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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.

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Study 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

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