Unit 23 - The English Legal System – Part 1 & 2
Criteria covered:
P1: Using case examples, accurately apply and explain the jurisdiction
of civil courts.
P2: Using case examples, accurately apply and explain the jurisdiction
of criminal courts.
P3: Using case examples, accurately apply and explain the role in the
civil courts and ADR of the legal profession and lay people.
P4: Using case examples, accurately apply and explain the role in the
criminal courts of the legal profession and lay people.
M1: Compare and contrast the criminal and civil court hierarchies and
appeal routes, demonstrating accurate use of legal terminology, case
law citation and application, to both civil and criminal law situations.
M2: Compare and contrast the role and function of lawyers and lay
people in the English courts and ADR.
D1: Evaluate how dispute solving in the courts compares with
methods of alternative dispute resolution (ADR).
D2: Evaluate the effectiveness of lay personnel in the English courts
and ADR.
Introduction:
Criminal law and civil law are the two distinct areas of the English legal system. Both are extremely
different in terms of what each retrospective law entails. The law serves a variety of purposes, and
matters are heard in several courts. Private conflicts between individuals and businesses are dealt
with under civil law. There are various sorts of civil law, such as family law, tort law, labour law,
and so on. Criminal law is distinct in that it creates forms of banned conduct that are punishable.
In addition, Private parties file civil law cases, but the government frequently files criminal law
proceedings. In a criminal case, the court's decision is guilty or not guilty. It is either liable or not
liable in a civil court.
Civil Courts:
Supreme Court
Court Of Appeal
High Court
County Court
, Unit 23 - The English Legal System – Assignment 1
County Court
A district judge or a region judge hears cases in the county court. It is conceivable for the judge to
sit with an eight-person jury on very rare instances. Only in circumstances of slander, unjust
behaviour, or false detention would this happen. When it comes to complaints and accelerated
cases, Preliminary matters will be held to a very rigid deadline in expedited cases. This is done to
avoid one or both parties from squandering time and money. All civil cases are heard at the district
court.
Almost every civil case can be tried in the county court. There are roughly 200 county courts, thus
there is one in almost every significant city. The goal is to have a case ready for a hearing within 30
weeks, but in actuality, the wait is likely to be closer to 50 weeks. The actual trial is usually
conducted by a district judge in a public hearing that follows a more formal procedure than small
claims. The High Court hears more complex matters or those involving substantial sums of money,
however most civil cases are heard in county courts. In the county court, a case was heard.
Supreme Court
In all civil actions in the United Kingdom, the Supreme Court is the final court of appeal. It
considers the Court of Appeal's and, in some situations, the High Court's appeals. The Supreme
Court of the United Kingdom is the country's highest court. The Supreme Court is the final court of
appeal in the vast majority of civil matters in the United Kingdom. The Supreme Court will hear
appeals involving disputed legal matters of public concern. Supreme Court justices are known as
"Supreme Court Justices," and depending on the intricacy and importance of the case, the appeal
will be heard by five, seven, or nine judges. The cases that make it to the Supreme Court are
usually those that have the most public interest and legal relevance. Finally, in the United
Kingdom, the supreme court is the final court of appeal for civil and criminal cases from England,
Wales, and Northern Ireland. The Supreme Court hears cases involving the entire population that
are of substantial public or constitutional importance.
High Court
The high court has the authority to hear any civil matter and is divided into three divisions, each of
which hears specific categories of cases. This court is headquartered in London, but judges are
located throughout England and Wales. The Queen's Bench Division, the Chancellery Division, and
the Family Division are the three divisions that make up the high court. The Queen's Bench
Division is the largest of the three divisions, dealing with contracts and tort matters involving sums
in excess of £ 100,000, while it may also receive minor complaints with a significant legal issue.
Circumstances are usually tried by a single judge, although in cases of fraud, defamation, slander,
willful accusation, and false imprisonment, there is a right to a jury trial.
The Queen Bench Division also has specialised courts, such as the Commercial Court, which deals
with insurance, banking, and other commercial matters, the Admiralty Court, which deals with
shipping matters, and the Administrative Court, which oversees the lawfulness of national and
local government, lower courts and tribunals, and other public bodies through a process known as
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