English Legal System - Courts and Tribunal System Flashcards
(10 cards)
What are tribunals?
Tribunals are specialist judicial bodies for administrative and regulatory cases. They are separate from the criminal courts.
What is the current structure of the tribunal system?
First Tier Tribunal: Seven chambers (e.g., Tax, Immigration, Property).
Upper Tribunal: Hears appeals and is equivalent to the High Court.
Who are the decision-makers in tribunals?
Tribunal Judges: Legally qualified
Tribunal Members: Lay specialists (used in some cases)
What is the role of Coroners?
They investigate deaths where the cause is unknown or unnatural. Their inquiries are called inquests.
Are Coroners part of the judiciary?
No. They are legally or medically qualified professionals and are not members of the judiciary.
What powers do statutory inquiries have?
They can compel witness testimony and evidence, though the government is not obliged to act on their findings.
Civil and Criminal Legal Aid
What tests apply for civil legal aid?
Merits test: Likelihood of success
Means test: Financial eligibility based on income and assets
What areas remain in-scope for civil legal aid?
E.g., community care, judicial review, mental health, public family law, asylum, etc.
What about criminal legal aid?
Free advice is guaranteed at the police station. After that, eligibility depends on age, income, court venue, and the interests of justice test.
What is a McKenzie Friend?
A non-lawyer who assists a litigant in person. May be unpaid or paid. Their activities are unregulated.
