ALE – Week 3

I. Legal English: Court Systems

A. UK Court Systems – England and Wales (Common Law System)

Hierarchical Structure

• Magistrates’ Court: Entry point for all criminal cases; handles minor offences.

• Crown Court: Deals with serious criminal cases before a judge and jury.

• County Court: Handles most civil cases and many specialist tribunals.

• High Court:

  • First Instance: Hears high-value civil claims.

  • Appellate Role: Reviews certain civil and criminal appeals.

  • Divisions: King’s Bench, Chancery, and Family.

• Court of Appeal:

  • Civil Division: Hears appeals from the High Court and County Courts.

  • Criminal Division: Hears appeals from the Crown Court.

• Supreme Court of the United Kingdom:

  • Final court of appeal for all UK civil cases.

  • Final court for criminal cases from England, Wales, and Northern Ireland.

  • Composed of 12 permanent justices appointed by the Lord Chancellor.

B. UK Court Systems – Scotland (Mixed Civil and Common Law System)

Hierarchical Structure

• Justice of the Peace Courts: Handle less serious (summary) criminal cases.

• Sheriff Courts: Deal with most civil cases and both summary and solemn criminal cases (solemn trials involve a jury).

• Sheriff Appeal Court: Hears most civil and criminal appeals from Sheriff Courts.

• High Court of Justiciary:

  • First Instance: Handles the most serious (solemn) criminal cases.

  • Appellate Function: Acts as the Criminal Appeal Court.

• Court of Session:

  • Outer House: First instance for high-value civil cases.

  • Inner House: Civil appeal court.

• Supreme Court of the United Kingdom:

  • Final appeal court for civil cases on points of law.

  • No appeal in criminal cases except where human rights or devolution issues are involved.

Distinctive Feature: Scotland’s criminal trials use a three-verdict system – Guilty, Not Guilty, and Not Proven.

C. US Court Systems – Overview

• The United States has a dual court system consisting of Federal Courts and State Courts.

• Federal Courts: Limited jurisdiction, defined by the Constitution and Congress.

• State Courts: General jurisdiction; handle most litigation nationwide.

D. US Federal Court System

Jurisdiction Includes

• Cases involving federal law or the U.S. Constitution (“federal questions”).

• Disputes between citizens of different states (diversity jurisdiction, subject to a monetary threshold).

• Cases in which the United States is a party.

Hierarchical Structure

• U.S. District Courts (94): Trial courts for federal matters.

• U.S. Courts of Appeals (13 Circuits):

  • 12 regional circuits.

  • 1 Federal Circuit for specialized appeals (e.g., patents, international trade).

• Supreme Court of the United States (SCOTUS):

  • Highest court in the country.

  • Final authority on all matters of federal law.

E. US State Court Systems

• Each of the 50 states operates its own court system under its state constitution.

Typical Hierarchical Structure

• Trial Courts of Limited Jurisdiction: Handle specific matters such as traffic or small claims.

• Trial Courts of General Jurisdiction: (e.g., Superior Courts) handle felonies and high-value civil cases.

• Intermediate Appellate Courts: Present in most states; review lower court records for legal errors.

• State Supreme Court: Final authority on state law. Its interpretations are binding within that state.

Concurrent Jurisdiction: Some cases may be heard in either state or federal courts.

F. The Supreme Court of the United States (SCOTUS) in Detail

Function

• Reviews cases concerning the U.S. Constitution and federal law.

• Holds the power of judicial review (to interpret the constitutionality of laws).

Composition

• 9 justices, appointed for life.

Process

1. Writ of Certiorari: Petition for the Court to review a case.

2. Rule of Four: At least four justices must agree to hear the case.

3. Briefs and Oral Arguments: Parties submit written arguments and present oral statements before the Court.

4. Decision and Opinions:

   • Majority Opinion: The official ruling of the Court.

   • Concurring or Dissenting Opinions: Separate views of individual justices.

   • Per Curiam: An unsigned collective opinion.

Judicial Philosophies

• Judicial Activism: Judges take an active role in shaping policy or overturning legislation.

• Judicial Restraint: Judges defer to decisions made by the legislative and executive branches.

II. UK Society: Industrial Action, the Thatcher Revolution, and Euroscepticism

A. Industrial Action and Trade Unions

Historical Background

• 1867–1871: Trade unions decriminalised and legalised.

• 1899: British Labour Party founded through the trade union movement.

Role of Trade Unions (via the Trades Union Congress – TUC)

• Collective bargaining for wages, working conditions, and protection from unfair dismissal.

Decline

• Influence diminished due to restrictive legislation and structural economic change.

B. The 1970s Crisis and the “Winter of Discontent”

• 1973 Oil Crisis: Arab oil embargo caused inflation to reach 24%.

• Labour Government (1974–1979): Faced economic difficulties and tension with unions.

• “Winter of Discontent” (1978–79):

  • Series of public and private sector strikes against the government’s 5% wage cap.

  • Resulted in widespread disruptions such as uncollected rubbish and closed public services.

  • Led to a collapse in public confidence, paving the way for a Conservative victory in 1979.

C. The Thatcher Revolution (1979–1990)

Election and Ideology

• Margaret Thatcher’s government promoted individualism, privatisation, and reduction of union influence.

Impact on Unions

• Restrictive legislation (e.g., bans on closed shops and mandatory secret ballots before strikes).

• 1984 Miners’ Strike: Lasted nearly a year and ended in defeat for the unions, marking a sharp decline in their power.

Economic Policy

• Large-scale privatisation of state-owned industries (energy, telecommunications, housing).

• Early economic hardship with high unemployment (around 3 million) and inflation over 20%.

Political Resilience

• Falklands War (1982): British victory boosted national pride and secured Thatcher’s re-election in 1983.

D. Euroscepticism

• Thatcher opposed deeper European integration and the creation of a single currency.

• Negotiated a rebate reducing the UK’s financial contribution to the European Community.

• Established a lasting tradition of Conservative Euroscepticism.

E. Lasting Impact of the Thatcher Era

Domestic Policy

• Expansion of the financial services sector.

• Decline of manufacturing and traditional heavy industries.

• Permanent weakening of trade unions.

Foreign Policy

• Marked the end of Britain’s post-imperial decline.

• Initiated a more assertive, global foreign policy approach for later governments.