Legal Systems of England and Wales Flashcards
(29 cards)
What is the difference between superior and inferior courts?
Superior courts have unlimited jurisdiction both geographically and financially, and generally try the most important and difficult cases.
– Supreme Court.
– Court of Appeal.
– High Court.
– Crown Court.
Inferior courts have limited geographical and financial jurisdiction, and deal with less-important cases.
– County Court.
– Magistrates’ courts.
– Family Court.
What is the difference between trial and appellate courts?
Trial court hears cases at first instance and will rule on issues of fact and law.
– County Court/Family Court.
Appellate court will reconsider the application of legal principles to a case that has already been heard by a lower court. Appeals process allows errors of law and occasionally fact and procedure to be corrected.
What court is the usual route of appeal from lower courts?
The High Court.
When does the Court of Appeal hear appeals?
On points of law, permission is required and appeals from the County Court to this level are rare and allowed only in exceptional circumstances.
When does the Supreme Court hear appeals?
On important points of law, permission is required.
What is a ‘leapfrog appeal’?
Rare appeal directly from High Court to Supreme Court, allowed only on points of law of general public importance with the Supreme Court’s permission.
Explain the route of appeal for guilty defendants who have been summarily tried in magistrates’ trials?
May appeal either the verdict or sentence or both.
To appeal to Supreme Court;
- Either side may appeal on points of law.
- High Court must certify point of law and general public importance AND either the Supreme or High Court must grant leave to the appeal.
To appeal to High Court (King’s Bench Division);
- Appeal by either prosecutor or defendant by way of case stated.
- Appeal must be based on a point of law.
To appeal to Crown Court;
- Appeal by defendant only;
– Appeal against conviction on points of law or fact (but only if defendant pleaded not guilty at his trial).
– Appeal against a sentence (re-hearing before a judge and 2 magistrates).
Explain the route of appeal following trial on indictment?
Supreme Court;
- Appeal on points of law only.
- Court of Appeal must certify point of law of general public importance AND Court of Appeal or Supreme Court must grant leave to appeal.
Court of Appeal (Criminal Division);
- Appeal by defendant only with leave - may be against conviction or sentence; on a point of law or fact.
Crown Court;
- Trial on indictment before judge and jury.
List some other courts whose judgments can impact on English law?
Privy Council.
European Court of Justice.
European Court of Human Rights.
Explain what is meant by a right of audience?
The right of a person to appear and conduct proceedings in court.
Solicitors have the right to appear in the magistrates’ courts and county courts. If they wish to exercise such rights in the higher courts, they must have completed the appropriate higher courts advocacy qualification (separate for criminal and civil proceedings).
Explain the hierarchy of the judiciary structure?
- Lord Chief Justice (Head of the judiciary).
- Master of the Rolls (Head of Civil Justice).
- Justices of the Supreme Court (judges sit in the Supreme Court).
- Other Heads of Division.
- Lord Justices of Appeal.
- High Court Judges.
- Circuit judges and recorders.
- District Judges
- Magistrates.
When is a proposition stated in one case binding in a later case?
If it is;
- A proposition of law (not fact).
- Part of the ratio decidendi of a case (central legal reasoning of a case).
- Decided in a court whose decisions are binding on the present case.
- There are no relevant distinctions between the 2 cases.
What is obiter dicta?
Statements that are unimportant to the outcome but may have future significance.
N.B. Persuasive not binding and generally involves;
- Judge speculating about the decision they would have given if the facts of the case had been different.
- Judge addressing submissions that were made in legal arguments but are no longer relevant given the ratio of the case.
- Dissenting judgments.
Who does the Supreme Court bind?
Courts below but not itself.
However, ordinarily will follow its own decisions.
Who does the Court of Appeal bind?
Courts below and normally binds itself.
Who does the High Court bind?
Courts below and normally binds itself.
Who does the Crown Court bind?
No one.
Who does the County and Magistrates’ Court bind?
No one.
What are the exceptions to the Court of Appeal binding itself?
Where there are 2 conflicting decisions of the Court of Appeal, it may choose which to follow.
Where the previous decision of the Court of Appeal, even if not expressly overruled, conflicts with a Supreme Court (or House of Lords) decision.
Where the decision was made per incuriam.
Where it was an interim decision by 2 judges.
Where one of its previous decisions is inconsistent with a subsequent decision of the European Court of Human Rights.
List the other ways in which courts may deal with other judgments?
Affirming - a higher court confirms it agrees with the appeal before it from a lower court.
Applying - a court adopts statements or reasoning from other decisions.
Departing - a court of one level disagrees with a previous decision, in another matter, by an equal court.
Overruling - a higher court comments on a previous unrelated decision by a lower court and declares it to be wrong.
Reversing - a higher court disagrees with the earlier decision, in the same proceedings, of a lower court.
Explain how an Act of Parliament is structured?
1) The Royal Coat of Arms.
2) A short title; being the name by which that statute is commonly referred.
3) A year and chapter number, being that statute’s unique reference number. From 1962 onwards, each statute has been given a sequential number to identify what order the statute was passed in any calendar year.
4) A long title; serves to describe the purposes of the Act (which might serve to assist judges when interpreting the Act).
5) The date of Royal Assent; final part of the process to enact legislation.
6) The enacting formula, being a formally worded paragraph to confirm that the statute has passed all the relevant legislative processes.
7) Many statutes are long documents, and bits of an Act are often parcelled together into different parts and chapters to promote understanding as well as consistency in approach and interpretation. Each part/chapter will be described by a note.
8) Each provision of a statute is known as a section. Such sections often appear at the beginning or ends of relevant Parts/Chapters of the statute. It is important to know where these definitions appear in the Act.
9) Towards the end of the statute, there will be sections addressing matters of general interpretation as well as commencement of the statute, its application and extent.
10) Many statutes also have a number of schedules. The context of such is specific to each statute, but a common purpose is to list amendments and repeals to other Acts of Parliament that must be made as a result of this statute coming into force.
What are the most common ways that judges can interpret statutory provisions?
- Literal rule.
- Golden rule.
- Mischief rule.
- Purposive approach.
What is meant by the literal rule?
Words must be given their plain and ordinary meaning.
What is meant by the golden rule?
Narrow = if a word is capable of more than 1 meaning, you can choose that meaning which does not produce an absurd result.
Wide = even where a word has only 1 meaning, interpret it in a way that avoids a result that is obnoxious to public policy.
