Court Hierarchy Civil Law

What is the structure of a civil law case?

Claimant v Defendant (trial), Respondent (appeal); cases named after parties (e.g., Donoghue v Stevenson).

What is the structure of a criminal law case?

Prosecution v Defendant or Crown v Defendant (R v Smith, where R = Rex/Regina). The Crown prosecutes on behalf of the state.

What is the structure of a public law case?

R (Claimant) v Public Body: 'R' = Crown; claimant challenges a public body (e.g., R (Countryside Alliance) v AG).

What is the role of the judge in the Common Law Adversarial System?

Moderates between parties like a referee, overseeing cross-examination and ensuring legal arguments from both sides are fairly presented.

What are the key differences between civil and criminal litigation?

Criminal courts decide guilt and protect liberty; civil courts resolve disputes and grant remedies, with different procedures and expertise.

What reforms have shaped the modern court structure?

Judicature Acts 1873/75, Constitutional Reform Act 2005 (Supreme Court), Woolf Reforms 1999 (CPR + Access to Justice), Jackson Reforms 2013, single County & Family Court 2014.

What are the key steps in the pre-trial stage of criminal cases?

Police arrest and investigate → CPS decides to charge → Charge read to defendant → First appearance in magistrates' court.

What are the three types of criminal offences?

Summary - magistrates only; Either-way - magistrates or Crown; Indictable - Crown only.

What is the role of trial courts/courts of first instance?

Trial courts apply the law to the facts, deciding mainly on issues of fact/evidence. They are the courts where all trials and cases start.

What is the role of Magistrates' Court?

Handle 95-97% of cases, often without full trial; panel of 3 lay magistrates or District Judge, advised on law by a clerk.

What is the role of the Crown Court?

80% in England & Wales; judge oversees and directs jury, which decides guilt or innocence.

What is the difference between trial and appellate courts?

Trial courts hear cases for the first time and determine facts. Appellate courts review decisions of lower courts for errors of law or procedure.

What are the appeal routes for criminal cases originating in Magistrates' Court (summary offences)?

Magistrates → Crown Court (retrial) or High Court (law); further appeal to Supreme Court with leave.

What are the appeal routes for criminal cases originating in Crown Court (indictable/either way offences)?

Court of Appeal (conviction, sentence, law/fact, with leave); Supreme Court (with leave); AG can refer law after acquittal.

What is the purpose of the County Court?

Introduced in 1846 to make claims cheaper + quicker. Deals with the majority of civil actions.

What is the purpose of the Family Court?

Created 2014 for child protection, divorce, adoption, and violence cases; designed to be cheaper, faster, and less intimidating.

How is the choice of forum determined in civil claims?

Small claims - up to £10k, Fast track - £10k-£25k, Multi track - greater than £25k. Claims over £100k start in High Court if high value, complex, or of public importance.

What are the divisions within the High Court?

King's Bench Division (contract + tort), Family Division (family claims not in FC jurisdiction), and Chancery Division (wills, trusts, land, company law, intellectual property).

What are the main appellate courts in the UK?

Court of Appeal (Criminal Division), Court of Appeal (Civil Division), and the Supreme Court of the UK.

What are some other important courts and their roles?

ECJ - historical EU role; ECHR - enforces Human Rights Act 1998; ICC - prosecutes genocide, war crimes, JCPC: Hears appeals from Commonwealth countries.

What are tribunals and what is their role?

Statutory bodies set up for specific types of claims (e.g., employment); First Tier handles trials, Upper Tribunal handles appeals on points of law.

What are statutory and judicial inquiries?

Statutory - examine cases courts lack expertise in; Judicial - investigate public interest issues and reach conclusions.

What are some alternatives to litigation?

Alternative dispute resolution methods include arbitration, conciliation, mediation, negotiation, and ombudsmen.

What are the aims of sentencing according to s.57 (2) Sentencing Act 2020?

Purposes of punishment: Punish offenders, reduce crime, reform/rehabilitate, protect public, and provide reparation.