Unit 23 - Aspects of the Legal System and Law-making Process
Institution
PEARSON (PEARSON)
This is the first task of Unit 23 - Aspects of the Legal System and Law-making Process which consists of P1, P2 and P3. For P1, you need to describe the hierarchy of the civil courts in which you need to also create a flow chart of civil courts. For P2, you will need to do the exact same method as ...
unit 23 aspects of the legal system and law making process
aspects of the legal system and law making process
pearson
p1
p2
p3
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BTEC
PEARSON (PEARSON)
Business 2010 QCF
Unit 23 - Aspects of the Legal System and Law-making Process
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P1 – Describe the hierarchy of the civil courts.
European Court of Justice
– This court is for cases
within the EU where it
has a big focus on
treaties and the EU
legislation. It is used to
‘safeguard the law in the
interpretation and
application of
Community treaties’1 in
which meetings are held
in Luxembourg. Also, this
court deals with treaties
within countries in
Europe within the EU
legislation and they use
the EU legislation to
support cases when in
court.
Supreme Court – This court is the ‘final court of appeal in the UK’ 2. The Supreme Court can be used
for both civil and criminal cases. Also, there are cases ‘affecting the whole population’3 that are
heard in the court. For Civil cases, there will be a verdict to whether the claimant is receiving what
they’re claiming from the defendant or their claim will be rejected due to some circumstances such
as lack of evidence for reason of the claim.
Court of Appeal (Civil Division) – This court is for when the final appeal from the Supreme Court and
it also takes appeals that are against ‘all 3 divisions of the High Court of Justice’ 4, most specifically
the Family Division. In the Civil division, the judge makes decisions to whether the claimant will be
approved for their claim or if the claim isn’t successful, therefore dismissing and declining the claim.
High Court – The High Court is where the Court of Appeal passes on to the High Court, in which the
appeal passes through to three different divisions; Family Division, Queen’s Bench Division and
Chancery Division, depending on what type of case is being dealt with. If there are cases such as a
divorce, then the appeal would go to the Family Division. If there are cases such as businesses
1
Oxford Dictionaries | English. 2017. European Court of Justice | Definition of European Court of
Justice in English by Oxford Dictionaries. [ONLINE] Available
at: https://en.oxforddictionaries.com/definition/european_court_of_justice. [Accessed 26 September
2017].
2
Supreme Court of the United Kingdom - GOV.UK. 2017. Supreme Court of the United Kingdom -
GOV.UK. [ONLINE] Available at: https://www.gov.uk/government/organisations/supreme-court-of-the-
united-kingdom. [Accessed 26 September 2017].
3
Supreme Court of the United Kingdom - GOV.UK. 2017. Supreme Court of the United Kingdom -
GOV.UK. [ONLINE] Available at: https://www.gov.uk/government/organisations/supreme-court-of-the-
united-kingdom. [Accessed 26 September 2017].
4
Court of Appeal Civil Division - GOV.UK. 2017. Court of Appeal Civil Division - GOV.UK. [ONLINE]
Available at: https://www.gov.uk/courts-tribunals/court-of-appeal-civil-division. [Accessed 27
September 2017].
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