Court Structure Flashcards
What does Jurisdiction mean?
The Power that a court or judge has to hear a case
What are cases of first instance?
Courts that hear cases of first instance are said to have trial jurisdiction
What are appeal cases?
Courts that hear appeals are described as having appellate jurisdiction
What is the key function of a court in the first instance?
Determine the facts of the case and reach a decision on how the relevant law apply to the facts
If a party disagrees with how the law has been applied or interpreted what can they do
Appeal the decision of the court of first instance
What does an appellate court consider?
Questions of Law
Who are the 4 senior courts?
Crown Court
High Court
Court of Appeal
Supreme Court
What does the Supreme Court do?
Highest appeal court on criminal and civil cases in UK.
Hears cases involving a point of law that involves public importance
Appellate jurisdiction only
What does the Court of Justice of Europeon Union deal with
Cases concerning the interpretation of compliance with European Law
What does the European of Court of Human Rights do?
Cases involving the interpretation or application of the European Convention on Human Rights
What two divisions is the COA split into and what does it hear?
Appeals on civil cases in the civil division
Appeals on criminal cases in the criminal division
Only hears appeal cases on a Q of law
What three divisions are in the High Court?
Kings Bench Division
Chancery Division
Family Division
What does the KB division, chancery division and family division hear?
Wide range of civil cases
When should a case be commenced in the County Court?
Value less than £100,000
Or £50,000 for PI cases
When can a C chose to commence proceedings in the KBD, Chancery Division or County Court
Value more than £100,000
More than £50,000 for PI cases
When should a case almost always he be heard in the High Court
Complex Facts
Public Interest
C believes suitable
What does concurrent jurisdiction mean?
C can chose whether to commence case in High Court or County Court
What does the Kings Bench Division hear?
Most varied jurisdiction
Contract & Tort disputes that are complex or high value
When a court sits as a divisional court of the KBD what can it hear?
Criminal appeals from Mags court & crown court
Judicial Review Hearings
What does the Chancery Division hear?
Wide range of civil cases
Usually business or property disputes that are complex or substantial value
What does the Family Division hear?
Complex family law cases
International child abduction cases
Inherent jurisdiction
Some appeals from the family court
What does the family court hear?
Divorce
Childcare arrangements
Adoption
Care proceedings
Court of first instance for most family cases.
Allocated by gatekeepers to appropriate judge
What does the County Court hear?
Wide range of civil cases
Court of first instance
Less complex & value
What are tribunals?
Specialists bodies that adjudicate disputes in specialist areas of law
