Courts Flashcards
(20 cards)
Which courts mostly deal with criminal cases
Magistrates courts
Crown courts
Which courts mostly deal with civil cases
County and family courts
How do court cases differ in criminal and civil cases
Criminal: Crown Prosecution Service decides whether a case is brought on behalf of the state.
Civil: the case/claim is brought by an individual, group or organisation
How does decision differ in criminal and civil courts
Criminal: defendant is convicted if guilty or acquitted if not guilty, decided by a jury or magistrates
Civil: defendant is found liable or not liable in regard to the issue
How does level of proof differ in civil and criminal cases
Criminal: beyond reasonable doubt
Civil: evidence must be produced to support the claim (preponderance of evidence)
How does burden of proof differ in criminal and civil cases
Criminal: accused is innocent until proven guilty, prosecution must prove their case, accused does not have to prove their innocence
Civil: claimant must give proof of the claim
How do sanctions differ in criminal and civil cases
Criminal: non custodial or custodial sentence given if found guilty
Civil: compensation awarded or an injunction (an order to stop taking action) is granted
How does appeal differ in criminal and civil cases
Criminal: defendant may appeal a courts verdict in regard to either the verdict or the sentence, the state can ask for the sentence to be reviewed
Civil: either party can appeal a courts decision
What are tribunals?
Inferior courts that deal with a large number of cases every year. Variety of subjects included such as employment, health, social care, pensions etc
Advantages of tribunals
They can deal with specialised issues.
Simple and informal procedure.
Cheaper than conventional courts.
Quicker than the court system.
Disadvantages of tribunals
Applicants who pay legal professionals to represent them tend to be more successful, inequality for those who cannot afford this option.
Reasons for decisions reached are not always clear.
What are ombudsmen
An official who is appointed to check on government activity on behalf of an individual citizen and to investigate complaints that are made in areas such as health service, local government, legal services, housing etc
Also operate within the private sector
Advantages of ombudsmen
Problem may be solved.
Lead to recommended changes made to government agencies or public bodies.
Disadvantages of ombudsmen
Powers constrained by the fact they cannot deal with matters that could be dealt with with by the courts.
Complaints must be made through an elected representative so this can be a barrier to citizens wishing to scrutinise government actions.
What are the key differences in court structure for Northern Ireland and Scotland?
Scotland has two distinct highest courts:
* Court of Session (civil)
* High Court of Justiciary (criminal)
Northern Ireland:
- UK supreme court appeals cases of major importance
- Court of Appeal that covers both civil and criminal cases.
- High court hears important civil cases and appeals from county courts
What are the key differences in magistrates vs sheriffs for Northern Ireland and Scotland?
Scotland has Sheriff Courts (sheriff + 15 jurors), which hear both civil and criminal cases. Justices of the peace court (similar to magistrates’)
Northern Ireland has Magistrates’ Courts for lower-level criminal cases and County Courts for civil cases.
What are the key differences in appeals systems for Northern Ireland and Scotland?
In Scotland, the High Court of Justiciary handles criminal appeals, while the Court of Session handles civil appeals. The Sheriff appeal court decide appeals against lower court decisions.
In Northern Ireland, criminal and civil appeals are both handled by the Northern Ireland Court of Appeal.
Rank the structure (and roles) of the courts
- UK Supreme Court – Highest court, hears appeals on major legal issues.
- Court of Appeal – Second highest, reviews appeals from Crown Court and High Court.
- High Court – Handles serious civil cases and appeals.
- Crown Court – Deals with serious criminal cases and hears appeals from Magistrates’ Courts.
- Magistrates’ Court – Handles minor criminal cases and some civil matters.
- County Court – Deals with civil disputes like contracts and personal injury.
- Family Court – Handles cases like divorce, child custody, and adoption.
What 2 extra courts/organisations does northern ireland have?
- coroner’s court of justiciary which investigates unexplained deaths
- enforcement of judgements office to enforce civil judgements
Give the definitions of civil and criminal law
Criminal: type of law where individuals are charged by the state with an offence and if found guilty are punished by the state
civil: type of law that deals with disputes between individuals when damages are awarded
