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what is the hierarchy of courts in civil cases?
county court
high court
divisional courts
Court of Appeal
Supreme Court
what is the court hierarchy in criminal cases?
Magistrates
Crown Court
King’s bench divisional court
Court of Appeal
Supreme Court
what did the Supreme Court replace in October 2009?
replaced the House of Lords as the highest UK court
what happens with the Supreme Court decisions?
it binds all the other courts in the English Legal system
does the Supreme Court usually follow its own previous decision?
yes but will depart from them ‘when it appears right to do so’ using powers contained in Practice Directions 3 and 4
what is the court of appeal bound by?
decisions of the Supreme Court
what happens with decisions from on division of the court of appeal?
it will not bind the other division
what is the civil division of the court of appeal bound to do?
follow its own past decisions
what does the criminal division of the court of appeal normally follow?
its own past decisions but can depart where liberty of a person may be at stake
what does the high court include?
King’s Bench division, Chancery and family divisions
whose decisions must the high court follow?
the supreme court and court of appeal
does the high court usually follow its past decisions?
normally yes but if there are conflicting past decision then the decision ill be followed if the first decision has been fully considered
who will the high courts decisions bind?
the courts below
eg. crown court, county court and magistrates court
what are the crown, country and magistrates courts bound by?
decisions of all higher courts
do they create precedent?
no as they are courts of first instance but technically the crown court creates precedent for the magistrates court
what is the highest source of law and why?
statute law because it is made by the democratically elected parliament
precedent is subordinate to statute law
what does the Human Rights Act 1998 do?
gave all courts the freedom to ignore precedent of higher courts if it contravenes the European convention on Human Rights. All UK courts must ‘take into account’ decisions of the European Court of Human Rights