Case law questions midterm Flashcards
(14 cards)
Mention at least three differences between a criminal and a civil case.
Criminal cases involve offenses against the state, while civil cases involve disputes between private parties.
Criminal cases require proof “beyond a reasonable doubt,” whereas civil cases are decided on the “balance of probabilities.”
Criminal cases can result in imprisonment, fines, or community service, while civil cases often lead to compensation or injunctions.
Mention the courts with civil jurisdiction, discuss their composition, and their hierarchical relationship.
County Courts: Handle lower-value claims, presided over by district and circuit judges.
High Court: Divided into three divisions (Queen’s Bench, Chancery, and Family), deals with complex cases.
Court of Appeal (Civil Division): Reviews decisions from lower courts.
Supreme Court: The final court of appeal in civil matters.
Explain the term ‘leapfrog.’
A procedure that allows a case to bypass the Court of Appeal and go directly from the High Court to the Supreme Court if it involves an important legal question.
What is to be understood by ‘leave to appeal’?
Permission granted by a court to allow a party to challenge a lower court’s decision in a higher court.
Mention the courts with criminal jurisdiction, discuss their composition, and their hierarchical relationship.
Magistrates’ Court: Handles minor offenses, cases heard by magistrates or district judges.
Crown Court: Deals with serious offenses, includes jury trials.
Court of Appeal (Criminal Division): Reviews decisions from lower courts.
Supreme Court: The highest appellate court for criminal cases.
Explain the term ‘summary trial,’
Summary Trial: A case heard without a jury for minor offenses in the Magistrates’ Court.
Explain the term ‘indictable offenses,’
Indictable Offenses: Serious crimes requiring trial by jury in the Crown Court.
Explain the term ‘offenses triable either way.’
Either-way Offenses: Can be tried in either Magistrates’ Court or Crown Court depending on severity.
What is the role of the House of Lords in the judicial system? What is the precise name of its successor?
The House of Lords was previously the highest court in the UK. Its successor is the UK Supreme Court, established in 2009.
What is the Judicial Committee of the Privy Council?
It is the final court of appeal for some Commonwealth countries and UK overseas territories.
What is the difference between the notions of the courts’ ‘impartiality’ and ‘independence’?
Impartiality: Judges must not favor any party.
Independence: Courts must be free from external influence, such as government interference.
What is meant by the expression stare decisis?
The doctrine that courts should follow precedents set by previous decisions to ensure consistency in the law.
Explain the terms ratio decidendi and obiter dictum. What is their relevance for the discussion on sources of law?
Ratio decidendi: The legal principle forming the binding precedent of a case.
Obiter dictum: A judge’s additional comments that are not legally binding.
These concepts are crucial in common law for determining binding precedents.
Explain the term ‘distinguishing cases.’ Does this term refer to an exception to the rule of binding precedent?
Distinguishing a case occurs when a court avoids following precedent by proving material differences in facts. Yes, it serves as an exception to binding precedent.
