ELS Chap 2 Court System

    Cards (452)

    • What should you be able to explain by the end of this chapter?
      The structure of the civil and criminal court system
    • What is one of the learning outcomes of this chapter?
      Ascertain the relevant court jurisdiction in straightforward cases
    • What basic steps are involved in civil and criminal cases at first instance?
      Filing a claim, presenting evidence, and receiving a judgment
    • Under what circumstances can one appeal in civil and criminal cases?
      When there are errors of law, fact, or procedure in the original trial
    • Who are the personnel involved in the court system?
      The judiciary, the legal profession, and juries
    • What is the focus of the chapter titled "The modern court system"?
      Types of cases and how legal disputes are resolved
    • How many defendants are proceeded against in magistrates’ courts each year?
      Well over a million
    • What role do tribunals play in the litigation process?
      They handle many civil cases outside of the traditional court system
    • What will be outlined in this chapter regarding the court system?
      The basic structure of the court system and the operation of civil and criminal procedure
    • Why do courts operate throughout England and Wales?
      To ensure justice can be administered locally and accessibly
    • Who is responsible for the organization and operation of the courts in England and Wales?
      The Ministry of Justice
    • What significant change occurred in October 2009 regarding the House of Lords?
      The judicial functions were taken over by the Supreme Court
    • What did the Crime and Courts Act 2013 establish regarding the County Court?
      It established a single County Court and referred to court houses as hearing centres
    • How can the courts be classified?
      As superior and inferior courts, criminal and civil courts, and trial and appellate courts
    • What distinguishes superior courts from inferior courts?
      Superior courts have unlimited jurisdiction, while inferior courts have limited jurisdiction
    • What are the principal objectives of criminal courts?
      To decide guilt or innocence and to punish the wrongdoer
    • What is the function of trial courts?
      To hear cases at first instance and make rulings on issues of fact and law
    • What is the purpose of the appeals process?
      To correct errors of fact, law, or procedure and assist in the development of the law
    • What is the most inferior exclusively civil court?
      The County Court
    • What is the dual role of the High Court?
      It serves as both a trial court and an appellate court
    • What are the civil courts of first instance?
      The County Court, the Family Court, and the High Court
    • How many claims are issued each year in County Courts?
      About two million claims
    • What is the threshold for personal injury claims to be started in the High Court?
      £50,000 or more
    • What is the purpose of the Family Court as established by the Crime and Courts Act 2013?
      To provide a more open and comprehensible forum for settling family disputes
    • Where is the Family Court located?
      It is a national court with centres in each Designated Family Judge area
    • Who are the judges of the Family Court?
      There are 25 categories of judges and magistrates
    • What is the role of the Ministry of Justice in the court system?
      It is responsible for the organization and smooth operation of the courts.
    • What was the purpose of the Supreme Court of Judicature Acts 1873 and 1875?
      To replace the separate court systems of equity and common law.
    • What was the significance of the Constitutional Reform Act 2005?
      It established a complete separation between the UK’s senior judges and the Upper House of Parliament.
    • What changes occurred to the titles of the Court of Appeal, High Court, and Crown Court in October 2009?
      They were collectively renamed the ‘Senior Courts of England and Wales’.
    • What is the concept of 'gatekeeping' in the Family Court?
      It determines the appropriate seniority of judge and location of proceedings.
    • What types of cases does the Family Court handle?
      Family disputes including protection of children, divorce petitions, and adoption.
    • What is the significance of the Family Court's location and operation?
      It operates nationally with centres in each Designated Family Judge area.
    • How many categories of judges and magistrates are there in the Family Court?
      25 categories
    • What is an appellate court?
      An appellate court is a court to which a decision of a court of first instance is appealed.
    • Which courts are classified as appellate courts?
      The High Court, the Family Court, the Court of Appeal, and the Supreme Court are all appellate courts.
    • Where is the Family Court located?
      The Family Court is a national court.
    • How many Family Court centres are there in each Designated Family Judge area?
      There is at least one Family Court centre in each Designated Family Judge area.
    • How many categories of judges and magistrates are there in the Family Court?
      The list of judges in the Family Court extends to 25 categories.
    • How many County Court hearing centres are there in the country?
      Currently, there are 188 County Court hearing centres located all over the country.
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