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ELS Chap 2 Court System
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Cards (452)
What should you be able to explain by the end of this chapter?
The structure of the
civil
and
criminal
court system
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What is one of the learning outcomes of this chapter?
Ascertain the relevant
court jurisdiction
in
straightforward
cases
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What basic steps are involved in civil and criminal cases at first instance?
Filing a
claim
, presenting
evidence
, and receiving a
judgment
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Under what circumstances can one appeal in civil and criminal cases?
When there are
errors of law
, fact, or procedure in the original trial
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Who are the personnel involved in the court system?
The
judiciary
, the legal
profession
, and
juries
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What is the focus of the chapter titled "The modern court system"?
Types
of cases and how
legal disputes
are resolved
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How many defendants are proceeded against in magistrates’ courts each year?
Well over a
million
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What role do tribunals play in the litigation process?
They handle many
civil cases
outside of the traditional court system
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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
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Why do courts operate throughout England and Wales?
To ensure
justice
can be administered locally and accessibly
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Who is responsible for the organization and operation of the courts in England and Wales?
The
Ministry of Justice
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What significant change occurred in October 2009 regarding the House of Lords?
The
judicial functions
were taken over by the
Supreme Court
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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
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How can the courts be classified?
As
superior
and
inferior
courts,
criminal
and
civil
courts, and trial and
appellate
courts
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What distinguishes superior courts from inferior courts?
Superior courts have
unlimited jurisdiction
, while inferior courts have limited jurisdiction
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What are the principal objectives of criminal courts?
To decide
guilt
or innocence and to punish the
wrongdoer
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What is the function of trial courts?
To hear cases at
first instance
and make rulings on
issues of fact and law
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What is the purpose of the appeals process?
To correct
errors of fact
, law, or procedure and assist in the development of the law
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What is the most inferior exclusively civil court?
The
County Court
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What is the dual role of the High Court?
It serves as both a
trial court
and an
appellate court
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What are the civil courts of first instance?
The
County Court
, the
Family Court
, and the
High Court
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How many claims are issued each year in County Courts?
About
two million
claims
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What is the threshold for personal injury claims to be started in the High Court?
£50,000
or more
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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
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Where is the Family Court located?
It is a national court with centres in each
Designated Family Judge
area
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Who are the judges of the Family Court?
There are
25
categories
of judges and magistrates
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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.
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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
.
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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
.
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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’
.
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What is the concept of 'gatekeeping' in the Family Court?
It determines the appropriate
seniority
of judge and location of
proceedings
.
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What types of cases does the Family Court handle?
Family disputes including
protection of children
,
divorce petitions
, and adoption.
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What is the significance of the Family Court's location and operation?
It operates nationally with centres in each
Designated Family Judge
area.
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How many categories of judges and magistrates are there in the Family Court?
25
categories
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What is an appellate court?
An appellate court is a court to which a decision of a court of
first instance
is appealed.
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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.
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Where is the Family Court located?
The Family Court is a
national
court.
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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.
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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.
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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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See all 452 cards
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