Chapter 1 Essential elements of the Legal system
Sunday, November 22, 2020 4:51 PM
Law is the principles and regulations established in the community by some
authority and applicable to its people whether in the form of legislation or of
custom and policies recognized and enforced by judicial decisions.
types of law
Public law Private Law Criminal law Civil law
• Deals with matters • Deals with law enforced • Criminal law relates to conduct with which the • Civil law is a form of private law involves
relating to the whole between individuals for state considers with disapproval and which it relationship between individual citizens.
country for example example, contract and seeks to control. It is a form of public law • purpose to settle disputes between individuals
criminal law family law, other areas that • Purpose the enforcement of particular forms and to provide remedies
constitutional law, deal with intellectual of behavior by the state which acts to ensure • In several other cases brought by the claimant
administrative law and property rights, land law, compliance seeking a remedy; Brown v Smith
social welfare law probate (wills) and • In criminal law the case is bought by the state • Burden of proof on the claimant
company law. in the name of the crown; Regina v… • Standard off proof liabilities must be sure on the
• Burden of proof on the prosecution balance of probabilities.
• Standard of proof guilt must be shown beyond • Object usually financial compensation to put the
reasonable doubt. claimant in the position he would have been had
• Object to regulate society by the threat of the wrong not occurred.
punishment • Silicone will order the defendant to pay damages
• If found guilty court will sentence the or some other remedy; specific performance,ect.
defendant fine him or impose a period of
imprisonment. If innocent accused will be
acquitted
The main criminal courts
Supreme court (prev house of lords but separated judicial powers; deciding
Issues and making law which is legislative functions) The main english civil courts
- 5 justices hear appeals from court of appeal and exceptionally high court(HC)
Supreme court (prev house of lords)
Court of Appeal
- 3 lord justices of appeal hears appeals from HC and County court
Court of appeal (criminal division)
- 3 lord justices of appeal hear appeals from
crown court
County court High court Divisional court of QBD
- First instance civil claims in - 1 HC judge in first instance. Crown court - 3 judges
contract,tort, landlord & tenant, - 2-3 in appeals. - Presided over by a judge whose role is to decide - Hears appeals from MC on points of law
probate and insolvency Queen Bench Chancery Division Family Division questions of law and impose punishment - Appeal go directly to the house of lords
- 1 district judge hears small claims Division - Land law, trusts, company - Matrimonial - Case will be heard before a jury whose role is to ask
(<10k) - First law, cases question of fact; guilty or innocent.
- 1 circuit judge hears fast track instance Partnership law,
case (10k-25k) and multitrack contract & insolvency,ect
cases (>25k and/or complex cases) tort - Hears appeals from county Magistrate court
mulitrack court Court of first instance
On probate & insolvency. - Summary offences: decides whether a defendant is guilty and impose penalties
- Indictable offences : trial by jury, magistrate will conduct the committal
proceeding to make sure defendant has a case to answer
- Offences triable either way : defendent can choose to be tried in the Magistrates
Magistrates court
Court or Crown Court.
- Jurisdiction mainly criminal but does have civil juri in family matters
Presided over by either;
Such as contract orders, adoption, and maintenance.
- Lay magistrates (usually 3)
- Powers of recovery of council tax arrears and charges for water, gas and
- Stipendiary magistrates sitting alone
electricity.
- Appeals on questions of fact go to the crown court
- Case stated appeals on question of law go to HC
Other courts
Courts Vs Tribunals
Court of Justice of European Union European Court of human rights Judicial committee of the
Privy Council Courts Tribunals
- Deals with the actions between the EU - The final Court of Appeal in - Highest Court of Appeal for • May not be heard by a specialist • Heard by an expert in that area.
institutions and member states relation to matters concerning the number of • Slower process • Quicker
- Ultimate authority on European law the Human Rights Act 1998 Commonwealth countries, • If no legal aid it can be expensive • No legal aid but is far cheaper
- It is therefore superior to the Supreme Court - Must have exhausted crown dependencies and • Strict rules to evidence pleadings and procedures • Less formal and less intimidating
cases are referred to it by national court proceedings in the English courts UK overseas territories.
• bound by doctrine of judicial precedent leading to • Not bound by judicial precedent and therefore leads to
before the ECTHR who hear the - Hears both civil and
consistent decisions inconsistent decisions.
case criminal appeals.
- The right to appeal to the
JCP is regulated by the Employ tribunals
constitution and legislation - One employment judge and two expert lay people from the industry
of the particular country. - Appeals are to employment appeal tribunal (EAT) and can only be made on point of law
- Proceedings take place in - EAT has one High Court judge and two or four expert lay people
the Supreme Court of the
UK.
No appeals No appeals No appeals
Sunday, November 22, 2020 4:51 PM
Law is the principles and regulations established in the community by some
authority and applicable to its people whether in the form of legislation or of
custom and policies recognized and enforced by judicial decisions.
types of law
Public law Private Law Criminal law Civil law
• Deals with matters • Deals with law enforced • Criminal law relates to conduct with which the • Civil law is a form of private law involves
relating to the whole between individuals for state considers with disapproval and which it relationship between individual citizens.
country for example example, contract and seeks to control. It is a form of public law • purpose to settle disputes between individuals
criminal law family law, other areas that • Purpose the enforcement of particular forms and to provide remedies
constitutional law, deal with intellectual of behavior by the state which acts to ensure • In several other cases brought by the claimant
administrative law and property rights, land law, compliance seeking a remedy; Brown v Smith
social welfare law probate (wills) and • In criminal law the case is bought by the state • Burden of proof on the claimant
company law. in the name of the crown; Regina v… • Standard off proof liabilities must be sure on the
• Burden of proof on the prosecution balance of probabilities.
• Standard of proof guilt must be shown beyond • Object usually financial compensation to put the
reasonable doubt. claimant in the position he would have been had
• Object to regulate society by the threat of the wrong not occurred.
punishment • Silicone will order the defendant to pay damages
• If found guilty court will sentence the or some other remedy; specific performance,ect.
defendant fine him or impose a period of
imprisonment. If innocent accused will be
acquitted
The main criminal courts
Supreme court (prev house of lords but separated judicial powers; deciding
Issues and making law which is legislative functions) The main english civil courts
- 5 justices hear appeals from court of appeal and exceptionally high court(HC)
Supreme court (prev house of lords)
Court of Appeal
- 3 lord justices of appeal hears appeals from HC and County court
Court of appeal (criminal division)
- 3 lord justices of appeal hear appeals from
crown court
County court High court Divisional court of QBD
- First instance civil claims in - 1 HC judge in first instance. Crown court - 3 judges
contract,tort, landlord & tenant, - 2-3 in appeals. - Presided over by a judge whose role is to decide - Hears appeals from MC on points of law
probate and insolvency Queen Bench Chancery Division Family Division questions of law and impose punishment - Appeal go directly to the house of lords
- 1 district judge hears small claims Division - Land law, trusts, company - Matrimonial - Case will be heard before a jury whose role is to ask
(<10k) - First law, cases question of fact; guilty or innocent.
- 1 circuit judge hears fast track instance Partnership law,
case (10k-25k) and multitrack contract & insolvency,ect
cases (>25k and/or complex cases) tort - Hears appeals from county Magistrate court
mulitrack court Court of first instance
On probate & insolvency. - Summary offences: decides whether a defendant is guilty and impose penalties
- Indictable offences : trial by jury, magistrate will conduct the committal
proceeding to make sure defendant has a case to answer
- Offences triable either way : defendent can choose to be tried in the Magistrates
Magistrates court
Court or Crown Court.
- Jurisdiction mainly criminal but does have civil juri in family matters
Presided over by either;
Such as contract orders, adoption, and maintenance.
- Lay magistrates (usually 3)
- Powers of recovery of council tax arrears and charges for water, gas and
- Stipendiary magistrates sitting alone
electricity.
- Appeals on questions of fact go to the crown court
- Case stated appeals on question of law go to HC
Other courts
Courts Vs Tribunals
Court of Justice of European Union European Court of human rights Judicial committee of the
Privy Council Courts Tribunals
- Deals with the actions between the EU - The final Court of Appeal in - Highest Court of Appeal for • May not be heard by a specialist • Heard by an expert in that area.
institutions and member states relation to matters concerning the number of • Slower process • Quicker
- Ultimate authority on European law the Human Rights Act 1998 Commonwealth countries, • If no legal aid it can be expensive • No legal aid but is far cheaper
- It is therefore superior to the Supreme Court - Must have exhausted crown dependencies and • Strict rules to evidence pleadings and procedures • Less formal and less intimidating
cases are referred to it by national court proceedings in the English courts UK overseas territories.
• bound by doctrine of judicial precedent leading to • Not bound by judicial precedent and therefore leads to
before the ECTHR who hear the - Hears both civil and
consistent decisions inconsistent decisions.
case criminal appeals.
- The right to appeal to the
JCP is regulated by the Employ tribunals
constitution and legislation - One employment judge and two expert lay people from the industry
of the particular country. - Appeals are to employment appeal tribunal (EAT) and can only be made on point of law
- Proceedings take place in - EAT has one High Court judge and two or four expert lay people
the Supreme Court of the
UK.
No appeals No appeals No appeals
