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Unit 1 > Chapter 5 > Flashcards

Chapter 5 Flashcards

1
Q

What are the civil courts of first instance

A

County Court, High Court, Family Court. Magistrates’ Court will hear a limited number also.

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2
Q

What is the overriding objective in r1.1 of CPR

A

Enabling the court to deal with cases justly and at proportionate cost

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3
Q

What is the overriding objective in r1.1 of FPR

A

Enabling the court to deal with cases justly, having regard to any welfare issues involved

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4
Q

What three types of claims are usually issued in the County Court

A

Personal injury, debt and contract disputes

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5
Q

What value must a claim exceed if a claimant wishes to issue in the High Court

A

£100,000, or if personal injury £50,000

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6
Q

Which cases may be required to be issued in the High Court due to Acts of Parliament

A

Defamation, libel and slander

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7
Q

What value of claims are issued in the small claims track

A

Lowest value claims, so personal injury under £1,000 or other civil claims under £10,000

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8
Q

Which track is likely to have litigants in person rather than legal representatives

A

Small claims track

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9
Q

What value of claims are issued in the fast track

A

Personal injury between £1,000 and £25,000 or civil between £10,000 and £25,000

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10
Q

Which track has trials which will last up to a day

A

Fast track

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11
Q

What is the time limit between Directions and trial in the fast track

A

30 weeks

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12
Q

What value of claims are issued in the multi track

A

Those exceeding £25,000

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13
Q

What five types of cases are dealt with in the County Court

A

Debt, personal injury, breach of contract, housing disputes, and low value bankruptcy/insolvency

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14
Q

What remedies are available from the County Court

A

Damages and sometimes equitable remedies to the court’s discretion

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15
Q

Where are County Court appeals heard

A

Divisional Court of the High Court but in rare cases the Court of Appeal

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16
Q

Where does the County Court operate

A

Approx 50 locations across England and Wales

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17
Q

Where does the Divisional Court of the High Court operate

A

Royal Courts of Justice in Strand, and District Registries in major towns and cities across England and Wales

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18
Q

What are the three divisions of the Divisional Court of the High Court

A

Queen’s Bench Division, Chancery Division, Family Division

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19
Q

What six first instance matters does the Queen’s Bench Division of the Divisional Court of the High Court deal with

A

Defamation, personal injury, negligence, possession of land, debt, breach of contract

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20
Q

What are the four specialist courts of Queens Bench Division of the Divisional Court of the High Court

A

Admiralty Court, Commercial Court, Technology and Construction Court, Administrative Court

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21
Q

What does the Appellate division of the Queens Bench Division of the Divisional Court of the High Court deal with

A

Judicial review claims against public authorities, disputed points of law from lower courts

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22
Q

What three first instance matters does the Chancery Division of the Divisional Court of the High Court deal with

A

Trusts, contentious probate, mortgages

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23
Q

What are the three specialist courts of the Chancery Division of the Divisional Court of the High Court

A

Companies Court, Intellectual Property Enterprise Courts, Bankruptcy Court

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24
Q

What does the Appellate division of the Chancery Division of the Divisional Court of the High Court deal with

A

Appeals from the County Court in relation to bankruptcy cases

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25
Q

What three first instance matters does the Family Division of the Divisional Court of the High Court deal with

A

Wardship (this is a rare procedure), international family disputes (including child abduction), some cases concerning the protection of vulnerable adults

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26
Q

What does the Appellate division of the family division of the Divisional Court of the High Court deal with

A

Certain appeals from cases heard by more junior judges in the Family Court

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27
Q

What courts make up what is collectively known as the Business and Property Courts of England and Wales

A

Commercial Court, Technology and Construction Court, and all courts making up the Chancery Division (Bankruptcy Court, Companies Court, Intellectual Property Enterprise Court)

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28
Q

What are the three main reasons the courts were banded under the title Business and Property Courts of England and Wales

A

Memorable title, Judges not restricted to their specialist court and can be deployed across different court lists, allows cases to be dealt with outside of London

29
Q

Where do appeals from Divisional Court of the High Court go

A

Court of Appeal, but may go to the Supreme Court under the leapfrog procedure if there is a point of public importance where a judge from the High Court is bound by a precedent set by HoL or Supreme Court which the Court of Appeal would also have had to follow

30
Q

Where do appeals from the Family Court get heard

A

Court of Appeal but small number go to Divisional Court of the High Court (Family Division) but cases can also be appealed within the court

31
Q

What does the Family Court deal with

A

Divorce, family breakdown and child protection

32
Q

What is gatekeeping (in regard to cases in the Family Court)

A

The allocation of cases based on their complexity and the interest and location of any children involved so that the most appropriate judge hears the case in the best location

33
Q

What civil matters are dealt with in the Magistrates’ Court

A

Minor cases such as unpaid council tax and tv licence evasion

34
Q

Where are civil appeals from the Magistrates’ Court heard

A

Divisional Court of the High Court

35
Q

What are the first instance courts in criminal matters

A

Magitrates’ Court and Crown Court

36
Q

What are the three categories of criminal matters

A

Summary offences, either way offences, indictable only offences

37
Q

What are summary offences and where are they tried

A

The least serious offences (common assault, minor traffic offences etc.) . Always tried in Magistrates’ Courts

38
Q

What are either way offences and how are they tried

A

Crimes which are of an intermediate level of seriousness, such as criminal damage, ABH and theft. They have a preliminary hearing which takes place in a Magistrates’ Court and the decision is made to then try the case in either the Crown Court or the Magistrates’ Court

39
Q

What are indictable only offences and how are they tried

A

The most serious offences such as murder, rape and robbery. They have a preliminary hearing in the Magistrates’ Court and then must be tried in the Crown Court. The defendant is prosecuted by the Crown Prosecution Service

40
Q

What is a hearing

A

Any courtroom meeting where both parties’ arguments are heard by a judge who then makes a decision

41
Q

What is a preliminary hearing

A

A short meeting between lawyers for each party and a judge, held before the trial where the judge will make procedural decisions to help progress the case as quickly as possible

42
Q

What is the overriding objective of the Criminal Procedure Rules (CrPR) and what does it mean

A

Criminal cases be dealt with justly - where ‘justly’ refers to the guilty being convicted and the innocent being set free. Defendants rights are protected under Art6 of European Convention on Human Rights

43
Q

Where do Magistrates’ Courts operate

A

250 locations in England and Wales

44
Q

What criminal matters do Magistrates’ Courts deal with

A

All summary offences and some either way offences which they are allocated, they conduct preliminary hearings for indictable only offences and for deciding where to allocate either way offences

45
Q

Who tries criminal cases in the Magistrates’ Courts

A

One District Judge, OR three lay magistrates (meaning non legally qualified)

46
Q

What are the four main admin tasks Magistrates’ deal with for preliminary hearings

A

Preparing for a ‘not guilty’ plea in summary cases / allocation hearings for either way cases / sending defendants for either way cases to the Crown Court under S51 Crime and Disorder Act 1989 / sending defendants in indictable only offences to the Crown Court under S51

47
Q

What is dealt with in Youth Courts, who tries the Defendants and what sentences can they receive

A

Defendants aged between 10-17. Specially trained Magistrates try the defendants in less formal proceedings and will give sentences such as youth rehabilitation orders and detention and training orders. the public may not attend

48
Q

What prison sentence can Magistrates’ Courts give

A

Up to 6 months for one or more offences, or up to 12 months for two or more either way offences

49
Q

Apart from prison sentences what other punishments may Magistrates’ courts give

A

Unlimited fines and community sentences. They may also commit (send) a case to the Crown Court if they feel their sentencing powers are insufficient

50
Q

Where do criminal appeals from the Magistrates’ Court get heard

A

Crown Court if regarding sentence/conviction or Divisional Court of the High Court if regarding the points of law “by way of case stated”

51
Q

Where does the Crown Court operate

A

Major towns and cities in England and Wales as one body divided into three tiers

52
Q

How do the three tiers of the Crown Court work

A

The top tier deals with most serious crimes with High Court Judges, and the less serious crimes are dealt with by the lower tiers with Circuit Judges and Recorders

53
Q

What is heard in the Crown Court

A

Appeals from Magistrates’ Courts, indictable only offences and allocated either way offences, tried by Judges and Jury

54
Q

What sentence can the Crown Court give

A

Up to life imprisonment

55
Q

Where do appeals from the Crown Court go and in what circumstances

A

Court of Appeal if against conviction, sentence or points of law. In the case of a further appeal on a case already appealed from Magistrates’ Court this will be made to the Divisional Court of the High Court “by way of case stated”

56
Q

Where is the Court of Appeal based

A

Royal Courts of Justice in Strand (London) and split into civil and criminal divisions

57
Q

What does the criminal division of the Court of Appeal deal with

A

Criminal appeals from the Crown Court and Divisional Court of the High Court

58
Q

What does the civil division of the Court of Appeal deal with

A

Civil appeals from the County Court, Family Court, High Court and Divisional Court of the High Court

59
Q

Who are the people who hear appeals in the Court of Appeal

A

Lord Justices of Appeal with other senior judges, including Master of the Rolls, Lord Chief Justice and President of the Family Division

60
Q

Where do appeals from the Court of Appeal get made to

A

Supreme Court

61
Q

Where is the Supreme Court based

A

Westminster (London)

62
Q

What does the Supreme Court deal with

A

Criminal appeals from England Wales and NI and civil appeals from all of UK

63
Q

Who hears appeals in the Supreme Court

A

Justices of Supreme Court

64
Q

Where are appeals relating to Human Rights made from the Supreme Court

A

European Court of Human Rights

65
Q

What is the function of the Criminal Cases Review Commission

A

To investigate cases again to deal with ‘miscarriages of justice’ and ensure that those who are not guilty are acquitted

66
Q

Who asks the Criminal Cases Review Commission to investigate a case

A

The Criminal Division of the Court of Appeal, or convicted criminals who have been unsuccessful appealing through the Court system

67
Q

What are the three requirements needed for the Criminal Cases Review Commission to investigate a case

A

A new piece of evidence, a new argument not previously raised, exceptional circumstances

68
Q

Where are convictions from the Magistrates’ Court referred by the CCRC

A

To the Crown Court (whether the defendant was guilty or not) to decide if they should be acquitted or have their sentence reduced

69
Q

Where are convictions from the Crown Court referred by the CCRC

A

To the Court of Appeal criminal division to decide if they should be acquitted or have their sentence reduced

Unit 1 (7 decks)

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