Courts

Question 1

What is the lowest court?

Answer 1

The Magistrates Court

Question 2

Who staffs a Magistrates court?

Answer 2

3 volunteers (magistrates) or a District Judge

Question 3

What cases does a Magistrates court hear?

Answer 3

They hear both criminal and civil cases.

Question 4

What offences does the Magistrates court deal with?

Answer 4

They often deal with summary offences.

Question 5

What is a summary offence?

Answer 5

Summary offences are those with a maximum penalty of £5000 or six months.

Question 6

What are either way offences?

Answer 6

Either way offences are those that could be too serious or too minor, depending on the nature of the case itself.

Question 7

Where can civil cases be resolved before going to a Magistrates court?

Answer 7

They can be resolved via ADRs instead of taken to court.

Question 8

What happens if a criminal case is too serious for the Magistrates court to deal with?

Answer 8

Some criminal cases are trialed at Magistrates before deciding it is too serious to continue there, it is then passed to a Crown court.

Question 9

What cases does a County court deal with?

Answer 9

County courts deal with civil cases.

Question 10

What cases does a Crown court deal with?

Answer 10

Crown courts deal with criminal cases.

Question 11

What are the three divisions a County court divides cases between?

Answer 11

County courts will divide cases between small claims, fast track and multi track.

Question 12

What is a small claim?

Answer 12

Claims upto £5000

Question 13

What is a fast track?

Answer 13

Claims upto £15000

Question 14

What is a multi track?

Answer 14

Claims over £15000

Question 15

What are the major criminal and civil courts?

Answer 15

The Crown and County courts.

Question 16

Who runs a trial in a Crown and County court?

Answer 16

They will generally have one or multiple judges running the trial.

Question 17

Do Crown and County courts have a jury?

Answer 17

Yes, they often do.

Question 18

What do Crown courts do?

Answer 18

They hear appeals from the Magistrates court, sentence criminals and hold trials themselves.

Question 19

What divisions is the High court split into?

Answer 19

It is split into, Queens Bench, Chancery, Family Courts.

Question 20

Where else do High court judges sit?

Answer 20

They also sit in the Crown court.

Question 21

What cases does the High court mainly deal with?

Answer 21

Most High courts deal with civil law only.

Question 22

What section of the High court can deal with criminal appeals?

Answer 22

A small section of the Queens Bench, the administrative section, can occasionally hear criminal appeals but they tend to skip to the court of appeal.

Question 23

What court hears appeals from lower courts?

Answer 23

The Court of Appeal.

Question 24

How many judges does the Court of Appeal have?

Answer 24

38 judges.

Question 25

What is the reason for the Court of Appeal?

Answer 25

It hears appeals where the law may have been applied unfairly or a procedural error has occurred.

Question 26

What is the major appeal court?

Answer 26

The Court of Appeal

Question 27

Who appeals to the CoA in criminal cases?

Answer 27

It will be the defence appealing over the verdict.

Question 28

Who appeals to the CoA in civil cases?

Answer 28

It can be either party, the one that feels hard done by usually appeals it.

Question 29

What is the highest court?

Answer 29

The Supreme court

Question 30

What was the Supreme court previously called?

Answer 30

It was called the House of Lords until 2005.

Question 31

Why does the Supreme court exist?

Answer 31

This court exists as the final and ultimate court in this country.

Question 32

What court has all authority over lower courts?

Answer 32

The Supreme court.

Question 33

Can appeals go further than the Supreme court?

Answer 33

No

Question 34

Strengths of Civil courts

Answer 34

1. Legal expertise 2. Reasons for decisions 3. Availability of legal funding 4. Availability of remedies 5. Guaranteed outcome 6. Legally binding decisions 7. Appeals

Question 35

Weaknesses of Civil courts

Answer 35

1. Lack of technical knowledge 2. Slow process 3. Lack of flexibility 4. Need for lawyers 5. Cost if not small claims track 6. Adversarial process 7. Publicity

Question 36

Strengths of Tribunals

Answer 36

1. Legal expertise 2. Reasons for decisions 3. Availability of remedies 4. Guaranteed outcome 5. Legally binding decisions 6. Appeals 7. Cost 8. Informality & Flexibility 9. Speed 10. Freeing up court time

Question 37

Weaknesses of Tribunals

Answer 37

1. Influence of chair 2. Lack of availability of public funding 3. Inconsistencies in decisions 4. Publicity 5. Formality 6. Adversarial process

Question 38

Define Tribunals

Answer 38

Forums used instead of a court for deciding certain types of disputes, less formal than courts

Question 39

What is the role of tribunals?

Answer 39

It enforces rights which have been granted through social and welfare legislation.