Legal Systems in the UK Overview

This procedure allows an appeal to be heard directly by the Supreme Court, bypassing the usual steps.

The highest civil court in Scotland, handling civil cases, divided into Outer and Inner Houses.

This court handles the initial stages of civil cases in Scotland.

This court serves as an upper appeal court in Scotland, handling appeals from the Outer House and some first instance cases.

This is the first step if a party wants to challenge the decision of the Inner House.

This is the second step if the Inner House refuses permission to appeal.

This is a key factor in granting permission to appeal to the Supreme Court.

The Inner House provides feedback on the importance of the appeal to aid the Supreme Court in making its decision.

The party who initiates a legal action against another party in a civil case.

The party who initiates a legal action against another party in a criminal case.

The standard of proof required in civil cases, where the claimant must demonstrate that it is more likely than not that the defendant is responsible for the harm.

The standard of proof required in criminal cases, where the prosecution must demonstrate that there is no reasonable doubt that the defendant is guilty.

The determination in a civil case that a defendant is legally responsible for the harm caused to the claimant.

The determination in a criminal case that a defendant is guilty of the crime charged.

A legal system where opposing parties present their arguments and evidence to an impartial judge or jury, who then decides the outcome of the case.

The court of first instance in the UK that handles civil cases with lower value or specified claims.

The court of first instance in the UK that handles civil cases with higher value or specified claims, as well as appeals from lower courts.

The largest division of the High Court of Justice in the UK, which handles a wide range of civil cases.

EU Law had higher authority over UK laws before Brexit.

The agreement that outlined the UK's exit from the EU and the transition period.

The period after Brexit when EU law still applied in the UK.

EU laws that were retained in the UK after the transition period, becoming domestic UK law.

A new category of UK law created after Brexit, replacing retained EU law, consisting of EU-derived legislation.

The act that established assimilated law, ending EU law supremacy in the UK.

The principle that UK legislation now overrides EU-derived legislation in the UK.

A publicly accessible resource listing retained EU law and assimilated law, ensuring legal continuity after Brexit.

A person appointed by the judiciary to adjudicate on minor offenses.

These individuals are often ineligible to serve as Magistrates due to their position.

Legal professionals who are generally eligible for Magistrate service, but subject to specific conditions.

A conflict of interest where a Magistrate's relative is involved in a case before the court.

The Attorney General is the government's chief legal advisor, responsible for overseeing prosecution agencies and upholding the public interest.

The Solicitor General assists the Attorney General, often acting as a deputy and managing legal departments.

A potential conflict of interest arises when a Magistrate's professional activities may overlap with their Magistrate duties.

A situation where a person is in a position to benefit from their own actions or decisions, raising ethical concerns.

The Family Court deals with matters like child custody, divorce, and adoption. More complex family matters are handled by the Family Division.

Cases involving personal injury due to negligence (except for clinical malpractice) must be started in the County Court if the claim is less than £50,000. For larger claims, either court can be used.

Claims for a specific sum of money up to £100,000 must start in the County Court. Larger claims can be handled by either court.

The County Court has the same authority as the High Court for claims in equity under £350,000. This includes estate administration, trust issues, and property sales.

Other tribunals handle specific areas like employment disputes, mental health issues, and professional misconduct.

Most civil cases are decided by a judge who acts as both judge and jury, deciding the facts and applying the law.

Employment Tribunals specialize in resolving disputes between employers and employees.

Mental Health Act Tribunals hear cases related to mental health orders and treatment.

A custom may not be legally binding on English courts BUT they can be used as a 'standard of legal validity' to identify some customs as law. This is particularly relevant when customs are deeply rooted and are not officially backed by a law-making authority.

The official legal system in England and Wales responsible for handling both civil and criminal matters.

A government agency managing the Court of Appeal, High Court, Crown Court, Magistrates' Courts, and County Court.

The highest appeals court in England and Wales, Northern Ireland, and for civil cases in Scotland. It replaced the House of Lords' judicial role and also handles devolution cases.

Civil courts focus on resolving disputes between private parties, often involving money or property. Their aim is to restore fairness and balance between the parties involved.

Criminal courts are concerned with cases involving the state against individuals accused of crimes. The state presents evidence, and the court decides if guilt or innocence can be proven.

Civil courts primarily focus on resolving disputes between individuals, while criminal courts deal with crimes against society.

The state is typically not involved in civil cases unless it itself is a party. Civil cases are usually private disputes between individuals or organizations.