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Questions and Answers
Which of the following courts solely handles criminal matters?
Which of the following courts solely handles criminal matters?
What is one of the key characteristics of civil courts?
What is one of the key characteristics of civil courts?
Which court is responsible for hearing cases involving youths?
Which court is responsible for hearing cases involving youths?
Which statement reflects a significant aspect of the court system?
Which statement reflects a significant aspect of the court system?
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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?
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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?
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Which court acts as the final authority in the legal system?
Which court acts as the final authority in the legal system?
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Which of the following is not classified as a civil court?
Which of the following is not classified as a civil court?
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What are primary sources of law characterized as?
What are primary sources of law characterized as?
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Which of the following is NOT considered a primary source of law?
Which of the following is NOT considered a primary source of law?
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What role do secondary sources of law play in legal studies?
What role do secondary sources of law play in legal studies?
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Which of the following describes primary sources of law?
Which of the following describes primary sources of law?
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What distinguishes secondary sources from primary sources of law?
What distinguishes secondary sources from primary sources of law?
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What types of resources are classified as secondary sources of law?
What types of resources are classified as secondary sources of law?
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In which context is case law considered a primary source of law?
In which context is case law considered a primary source of law?
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What is the standard of proof required in civil courts?
What is the standard of proof required in civil courts?
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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?
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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?
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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?
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What role do circuit judges play in the County Court?
What role do circuit judges play in the County Court?
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What does the term 'balance of probabilities' refer to in civil law?
What does the term 'balance of probabilities' refer to in civil law?
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Which option correctly identifies parties involved in criminal courts?
Which option correctly identifies parties involved in criminal courts?
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What challenge is noted in categorizing courts by jurisdiction?
What challenge is noted in categorizing courts by jurisdiction?
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What type of disputes does the Financial List primarily deal with?
What type of disputes does the Financial List primarily deal with?
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Which court division addresses competition claims?
Which court division addresses competition claims?
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The Intellectual Property List is divided into which two specific areas?
The Intellectual Property List is divided into which two specific areas?
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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?
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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?
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Which type of disputes does the Property, Trusts and Probate List address?
Which type of disputes does the Property, Trusts and Probate List address?
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What is the purpose of dividing civil claims into different tracks?
What is the purpose of dividing civil claims into different tracks?
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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?
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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?
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Which group is specifically mentioned as campaigning for fathers' rights?
Which group is specifically mentioned as campaigning for fathers' rights?
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What is one method that pressure groups use to influence law?
What is one method that pressure groups use to influence law?
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Which Act abolished the double jeopardy rule under certain circumstances?
Which Act abolished the double jeopardy rule under certain circumstances?
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What is a prominent characteristic of pressure groups?
What is a prominent characteristic of pressure groups?
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How do pressure groups often communicate their message?
How do pressure groups often communicate their message?
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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?
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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?
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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?
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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?
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What must always happen with criminal cases involving juveniles?
What must always happen with criminal cases involving juveniles?
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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?
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What is required of magistrates who sit in the Youth Court?
What is required of magistrates who sit in the Youth Court?
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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?
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What does the term 'either-way offence' refer to?
What does the term 'either-way offence' refer to?
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What criteria could classify a juvenile as a 'dangerous offender' in court?
What criteria could classify a juvenile as a 'dangerous offender' in 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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Description
Test your knowledge on the court system and the sources of law with this quiz based on the relevant chapter. Explore key characteristics, roles of different courts, and understand the distinctions between primary and secondary sources of law. Perfect for students studying legal fundamentals!
