Assignment
Assignment tittle: Aspects of the legal system and law-making process.

P1 and P2 – Produce a diagram of the hierarchy of courts in the UK. Describe each of the courts in turn.

P2 - European court of justice is the highest of court affecting our legal system since 1973. For points of European law, a decision has to be made by this court and is compulsory on all other courts in England and wales. However, there are still laws which are unaffected by European Union law and for these the Supreme Court (formerly the House of Lords) is the Supreme Court. An important aspect of the European court of justice is that is prepared to overrule its own past decisions if it feels it is necessary. This is a flexible approach to past precedents is seen in other legal systems in Europe, and is a contrast to the more rigid approach of our national courts.
The court is divided in to three sections which are court of justice which deals with requests for preliminary rulings from national courts and certain actions for annulment and appeals. Then the general court rules on actions for annulment brought by individuals, companies and, in some cases, EU governments. This means that this court deals mainly with competition law, State aid, trade, agriculture, trademarks. Then there is the civil service tribunal which rules on disputes between the EU and its staff. The role of the European court of justice is ensuring the EU law is interpreting the law (preliminary rulings) and that it is applied the same in every EU country ensuring countries abide by EU law and they settle legal disputes between national governments and EU institutions. If the national court is in doubt about the interpretation or validity of an EU law it can ask the court for clarification. Then it also has to be enforcing the law (infringement proceedings) in which this type of case is taken against a national government for failing to comply with EU law. It can be started by European commission or another EU country. If the country is found to be at fault then the problem will need to be fixed straight away or face a second case being brought which could result to a fine. They also do annulling EU legal acts (actions for annulment) if an EU act is believed to breach EU treaties or fundamental rights the court can be asked to annul it - by an EU government, the council of the EU, the European commission or (in few cases) the European parliament. Then they are ensuring the EU takes action (actions for failure to act) the Parliament, Council and Commission must make certain decisions under certain circumstances. If they don't, certain companies and government parties can complain to the Court. They also do sanctioning EU institutions (actions for damages) so any person who has had their interests harmed as a result of the action or inaction of the EU or its staff can take action through the court against them.

The members for the European court of justice are:
Court of justice: One judge from each EU country, plus 9 advocate generals.
General court: One judge from each EU country.
Civil service tribunal: Seven Judges. Supreme Court (formerly House of Lords was changed in October 2009) is the most major national court and all its decisions are compulsory in all other courts in the English legal system. The Supreme Court is not restrained by its past decisions but it will normally follow them but since the change in October 2009, the practice statement does not strictly apply to the Supreme Court, so it is now not clear if the court will use the practice statement. As the Supreme Court is a court of appeal, the Supreme Court cannot consider a case unless a relevant order has been made by a lower court. It is the final court of appeal for all UK civil cases and criminal cases from England, wales and Northern Ireland. The Supreme Court hears appeals of arguable points of law on the general public importance in which due to this they concentrate on cases with the most public and constitutional importance. The Supreme Court is made up of 12 justices supported by professional legal and executive staff. In which there are judicial assistants, judicial support, justices’ secretaries and judgements clerk.

Court of appeal (civil division and criminal division) is the next level down from the Supreme Court within the hierarchy. Which has two divisions civil and criminal, both divisions of the court of appeal are bound to follow the decisions of the European court of justice and the Supreme Court. In addition to having to follow both of the hierarchy courts they must usually follow past decisions of their own but there can be few exceptions to this rule. The court of appeal (criminal division) is more flexible when the point involves someone’s freedom within society of the subject they are on, they also can refuse to follow a past decision if the law has be ‘misapplied or misunderstood’ again this is due to peoples freedom/liberty being involved. The court of appeal (civil division) hears appeals from the three divisions of the high court (Chancery, Queen's Bench and Family Division) from all county courts across England and wales, also from certain tribunals such as the immigration appeal tribunal, Employment appeal tribunal, social security commissioners and the lands tribunal. Then the court of appeal (criminal division) hears appeals from the crown court, since the court of appeal is the highest in the senior courts which also includes high court and crown court. Cases are generally heard by three judges, which are the Lord Chief Justice or the President of the Queen’s Bench Division or one of the Lords Justices of Appeal, also with two High Court Judges or one High Court Judge and one specially selected Senior Circuit Judge. The Heads of Division and Lords Justices of Appeal also sit in on occasion with one or more High Court Judges in the Divisional Court, which hears appeals to the High Court from magistrates’ courts and certain judicial review cases at first instance. The judges of the Court of Appeal (criminal and civil) are the Heads of Division (the Lord Chief Justice of England and Wales, the Master of the Rolls, the President of the Queen’s Bench Division, the President of the Family Division and the Chancellor of the High Court) and the Lords Justices of Appeal.

Divisional courts consist of three bodies which are Queen’s Bench, chancery and family, which are bound by decisions of the European court of justice, the Supreme Court and the court of appeal, in abiding by all these courts they also have to follow their past decisions but they operate under similar exceptions to those operated by the court of appeal. Queen’s bench- The Queen’s Bench division deals with contract and civil wrongs (tort), judicial reviews and libel, and includes specialist courts: the Commercial Court, the Admiralty Court and the Administration Court. It has around or about 73 judges, headed by the President of the Queen’s Bench Division. Chancery -The Chancery Division deals with company law, partnership claims, conveyancing, land law, probate, patent and taxation cases.
The chancery is made up of 18 High Court judges, headed by the Chancellor of the High Court. Then the division includes three specialist courts: the Companies Court, the Patents Court and the Bankruptcy Court. The Chancery Division judges normally sit in London, but also hear cases around the UK as well. Family- The family division deals with family law and probate cases. They also deal with wardship cases for young people or people who cannot look after themselves without a carer are also dealt with in family court. Examples of things the family division deals with are things like divorce, custody of children and property. The family division is made up of about 19 judges headed by the President of the Family Division.

High court the high court has to abide by all the decisions made by the courts above and in turn it binds to the lower courts. High court judges do not half to follow each other decisions but will usually do so.

A Crown court deals with serious criminal cases e.g. murder, rape and robbery it also deals with cases passed on from the magistrates’ court for trial or sentencing and it deals with appeals against a magistrates’ court conviction or sentence. The crown court can give sentences of community service to prison sentences including life sentences. If you disagree with the crown courts verdict you may be able to appeal. A crown court normally has a jury who decides if your guilty or not guilty then it has a judge who decides what sentence you get, Also in there will be your solicitor (if you have one)who can explain what happens in court - the judge and court staff will also give instructions about the trial.

Magistrates’ court bound to follow decisions by all higher courts and it is unlikely that a decision by this court can create a precedent. The one exception is that a ruling on a point of law by a judge in the crown court technically creates a precedent for the magistrates’ court, but since such rulings rarely recorded in the law reports, this is of little practical effect. Magistrates’ courts are where all criminal cases start, a magistrates’ court normally handle cases known as ‘summary offences’ e.g. Most motoring offences, minor criminal damage and being drunk and disorderly. It can also deal with more serious offences like drug offences or burglary. These are called ‘either way’ offences and can be heard in either a magistrates’ court or a crown court. Magistrates’ always pass on their most serious crimes on to crown court e.g. murder, rape and robbery, there are known as ‘indictable offences’. In some cases the magistrates’ court can decide if you should be kept in custody e.g. a police or court cell or if you should be put out on bail and let out on strict conditions to keep away from a certain place or person. This may happen if you need another court hearing, the court needs more information before passing a sentence or your case is passed to crown court for trial sentencing. The Magistrates’ court can give punishments from up to 6 months in prison ( or up to 12 months for more than one offence). A fine of up to £5000.00 and community sentence of doing a certain amount of unpaid work. The courts can also give a combined punishment so a fine with community service. If the court thinks your sentence should be longer it is passed on to the crown courts. Cases are heard by either two or three magistrates, a district judge and there isn’t a jury in a magistrates’ court.

County courts deals with civil (non-criminal) matters. Unlike where with a criminal case the state would prosecute an induvial, civil court cases arise when an individual or a business believe their rights have been infringed. All county courts can deal with contract and civil wrong doing (tort) cases and recovery of land actions. Some court centres can also deal with bankruptcy and insolvency matters as well as cases relating to wills and trusts(equity and contested probate actions) where the value of trust, fund or estate does not exceed £30,000, matters under the equality act 2010,and actions which all parties agree to have heard in a county court (e.g. defamation cases).
Types of civil cases dealt with in a county court can include; Businesses trying to recover money they are owed, individuals seeking compensation for injuries and landowners seeking orders that will prevent trespass. Civil matters can be dealt with by the magistrates’ court but if they are more complex cases or those involving large amounts of money they will appear at the high court. County court judgments usually call for the repayment or return of money or property, anyone who does not comply with the judgment can be arrested and prosecuted. The people who sit in on a county court are: Circuit judges- they are appointed to one of seven regions of England and wales and sit in the crown court and county court within their particular region.
Fee paid judges- Various fee-paid (non-salaried judges) sit in occasionally in the county court e.g. deputy district judges, deputy circuit judges and recorders.
District judges- they are full time judges who deal with most of the cases in the county courts. They are deployed on appointment to a particular circuit and may sit at any of the county courts or district registries of the high court on that circuit.
A judge hearing a civil case- Before trying a civil case the judge reads the relevant case papers and becomes familiar to the case and with the information and details needed.
A vast majority of civil cases tried in court do not have a jury (there can be exceptions to this) and the judge hears them on his own, deciding them by finding facts and applying the relevant law to them.

P3 – Explain the differences between the civil courts and the criminal courts. Ensure you include the different personnel and the different types of cases. There are many ways the civil court and criminal courts are different, to start off with is that criminal law is there to uphold the law and it’s designed to maintain law and order. Criminal law is about the crown prosecuting the alleged criminal to maintain the protection of the public and law and order for them. Also Criminal law is about prosecuting the alleged wrong doer in order to protect society but also due to the mad house acts, people need it to be done not only for the wrong doer to be punished for what they allegedly did but to be put away for the safety of the public if they are found to be guilty of the crime they have been accused of committing. Whereas Civil law is to uphold the rights of an individual and is to put things right before the wrong doing had been done, civil courts are about justice for the individual not punishment. Then how a case is started is different due to in civil law it is an individual or a business going against a person they feel has done them wrong. Example: If someone had failed to pay a bill that is due, that person has renege on the contract and the person who has failed to been paid could take them to civil court to get justice of e.g. compensation. Whereas in a criminal court it is the C.P.S (crown prosecution service) who do it on behalf of society and the nation. Then also since they have different reasons for coming to court so the names are different in a civil court the person who starts the case is called a claimant due to them being the ones who are suing someone and in a criminal court they are called the prosecutor for the person starting the case. Due to the different reasons for going to court different courts will hear the cases since a civil court could go to three which are high court, county court or tribunal since they are looking for justice whereas a criminal case will go to a magistrates’ court or crown court due to the seriousness of what they have allegedly done and could include that person having their freedom or not. Since civil courts and criminal courts have different cases they need different forms of a standard of proof, so civil needs to be beyond the balance of probabilities this is less than what a criminal law will need and a criminal court needs to be beyond a reasonable doubt but what you need to remember is that the most important part is to be aware of the fact that in criminal law the defendant will be presumed innocent until it is proven that they are guilty. So in order for this the court needs the standard of proof to be beyond a reasonable doubt and then once they are found guilty of an offence they then will be sentenced to a form of a punishment. The decisions are also different in the courts since in a civil court it comes down to whether they are liable or not liable, where as in the criminal court they are either found guilty or not guilty. Then due to the different reasons of the courts in civil and criminal the courts have different powers given to them. In a civil court they have the power to give out compensations (money) or injunctions (which is a restraining order that says that someone can or cannot do something). In which in the criminal court they have the power to put people in jail, fines and community service or if they feel necessary they can combined the punishment so e.g. community service along with a fine or it can be discharged. Also the person making the decisions are different in a civil court for civil cases it will be a judge (very rarely will it be a jury) and in a criminal court and case it will be a magistrates’ or jury.

Sources used;
Book source: The English legal system – Jacqueline Martin- Hodder education
Figure 3.1 cascade model of a judicial precedent operating in the hierarchy of the courts page 26
3.2.1 Appellate courts – judicial precedent page -27
3.3.4 supreme court- judicial precedent page-31
3.4.4 The court of appeal (criminal division) page-35 https://www.judiciary.gov.uk/you-and-the-judiciary/going-to-court/county-court/ https://www.gov.uk/courts/crown-court https://www.judiciary.gov.uk/about-the-judiciary/who-are-the-judiciary/judicial-roles/judges/high-court-judges/ https://www.judiciary.gov.uk/about-the-judiciary/who-are-the-judiciary/judicial-roles/judges/coa-judges/ https://www.supremecourt.uk/about/the-supreme-court.html http://lawatpendleton.wikidot.com/judicial-precedent https://www.justice.gov.uk/courts/rcj-rolls-building/court-of-appeal https://www.gov.uk/courts/magistrates-courts http://www.inbrief.co.uk/legal-system/difference-between-civil-criminal-law.htm#

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