1): The Legal System of England and Wales

Question 1

What is the role of the judiciary in the English Legal System?

Answer 1

Enforce the law

Represent the Crown

Independent from state control

Hold office with tenure

Question 2

How is the judiciary ranked?

Answer 2

Senior Judges: powers not limited by statute

Superior Judges: unlimited jurisdiction

Inferior Judges: powers limited by statute

Question 3

Who are Senior Judges and their courts?

Answer 3

Lord Chief Justice – Court of Appeal

President of Supreme Court –
Supreme Court & Privy Council

Master of the Rolls – Civil Court of Appeal

Presidents – King’s Bench, Chancery, Family (High Court)

Question 4

Who are Superior Judges and their roles?

Answer 4

Supreme Court: Justice of the Supreme Court

Court of Appeal: Lord Justices of Appeal

High Court: Puisne Judges, High Court Judges

Question 5

Who are Inferior Judges and where do they sit?

Answer 5

Circuit Judges – County, Crown, Family

District Judges – County, High, Family

DJ (Magistrates’) – Magistrates’, Family

Recorders – County, Crown, Family

Question 6

Which courts handle civil and criminal first-instance cases?

Answer 6

Civil: High Court, County Court, Family Court

Criminal: Crown Court, Magistrates’ Court

Question 7

Which courts are appellate only?

Answer 7

Supreme Court

Court of Appeal (Civil & Criminal Divisions)

Question 8

What is the role of the Supreme Court?

Answer 8

Final appeal court in civil and criminal law

Only hears cases of public importance + point of law

Appellate jurisdiction only

Question 9

What are the divisions of the Court of Appeal and High Court?

Answer 9

Court of Appeal: Civil and Criminal Divisions

High Court:
-King’s Bench: tort/contract
-Chancery: equity, trusts, IP
-Family: family law, child abduction

Question 10

What jurisdiction does the High Court have?

Answer 10

civil cases only and has parallel jurisdiction with County Court based on claim value.

Question 11

What is the Crown Court’s jurisdiction?

Answer 11

Serious criminal offences

Sentencing for either-way offences

Appeals from Magistrates’ Court

Question 12

What type of cases does the County Court handle?

Answer 12

Lower-value civil claims

Contract/tort, housing, debt recovery

Some family cases (excluding divorce)

Question 13

What does the Magistrates’ Court handle?

Answer 13

Summary and either-way criminal offences

First appearances for indictable offences

Civil licensing matters and bail decisions

Question 14

What cases does the Youth Court hear?

Answer 14

Criminal cases for ages 10–17

Homicide, rape, serious offences may be transferred to Crown Court

Question 15

Do the High court and County Court have concurrent jurisdiction?

Answer 15

Yes, for some civil cases

Complex/public interest cases → High Court

Others → County Court

Question 16

What happens in a Magistrates’ Court appeal?

Answer 16

Appeal goes to CC:

Defendant → Crown Court (full rehearing)

Appeal on sentence only if guilty plea

CC May substitute/increase sentence

Question 17

Can the prosecution appeal from the Magistrates’ Court to the Crown Court?

Answer 17

No

Question 18

What are the steps for appealing from the Crown Court?

Answer 18

Appeal to Court of Appeal (Criminal Division)

Requires leave to appeal

Result: confirm, reduce, or overturn sentence/verdict

Question 19

Can the prosecution appeal Crown Court rulings or acquittals?

Answer 19

✅ Only in limited cases:

if permission granted by COA/trial judge

Against judge’s ruling (terminating case)

Against unduly lenient sentences (via AG reference)

❌ Cannot appeal jury acquittal

Question 20

What is an Appeal by Way of Case Stated?

Answer 20

Appeal on point of law or jurisdiction error

Against Magistrates’ decision

Goes to High Court (if from Crown or Magistrates)

Question 21

Where is an Appeal by Way of Case Stated made if the original case was in the Crown Court?

Answer 21

To the High Court.

Question 22

What is Judicial Review in criminal proceedings?

Answer 22

Applies where courts acted unlawfully/unreasonably

Sought in High Court

Question 23

What does the Criminal Cases Review Commission (CCRC) do?

Answer 23

Refers miscarriage of justice cases to appeal courts

Crown Court → CoA

Magistrates’ Court → Crown Court

Must show real possibility of overturning decision

Question 24

When can permission be given for a civil appeal?

Answer 24

When there is a realistic prospect of success or a compelling reason for the appeal.

granted by either the court of first instance or the appellate court.

Question 25

How many levels of appeal are usually available in civil cases?

Answer 25

Usually only one level of appeal Further appeal requires permission and exceptional reason

Question 26

What types of appeals do the Court of Appeal and Supreme Court hear?

Answer 26

Only appeals involving important legal principles or practice.

Question 27

Where do appeals from the High Court go?

Answer 27

Court of Appeal, if permission is granted.

Question 28

What is a Leapfrog Appeal from the High Court?

Answer 28

direct appeal to the Supreme Court, bypassing the Court of Appeal. Conditions: The appeal raises national legal issues. The result is of particular significance. OR Early consideration by the Supreme Court is beneficial.

Question 29

When can a case go from the Court of Appeal to the Supreme Court?

Answer 29

If the case raises an arguable point of law of general public importance.

Question 29

Who grants permission for an appeal from the Court of Appeal to the Supreme Court?

Answer 29

Court of Appeal or Supreme Court.

Question 30

Do solicitors have automatic rights of audience in all courts?

Answer 30

No, they have automatic rights only in County Court, Magistrates’ Court, and lower courts. completing higher rights of audience training and passing advocacy assessments gives rights of audience in higher courts