Essay
Assignment 1- The English legal system
- Module
- The English legal system
- Institution
- PEARSON (PEARSON)
Describe about each court and what they do
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Assignment 1The english legal system
The civil courts
The courts that hear civil cases are the County Court and the High Court.
The High Court is formed in London but also has Judges sitting in several towns
throughout Wales and england. It has the jurisdiction to hear any case in each of its
three divisions. The Queen’s Bench division is the biggest, and it deals with the
contract and tort claims where the amount being maintained is over £100,000. The
cases are generally tried by a single judge but there can be rights to a jury of twelve
if the case claims fraud, slander, libel, malicious prosecution, or false imprisonment.
The QBD also has an Administrative Court that supervises the conduct of law
practiced by national and local government, tribunals, inferior courts, and other
public bodies, through judicial review. There are around 200 County Courts across
the UK that try almost every civil case. Their jurisdiction consists of three tracks: fast
track,small claims track, and multi-track – all heard by a District Judge. The small
claims track cases can be heard in private or in the court and handle claims of
£5000. The parties are encouraged to represent themselves; the use of lawyers is
allowed but they cannot claim the costs of using one even if they win. In fast track
claims, the court sets a strict timetable for the pre-trial matters to avoid time wasting.
The trial is heard by a Circuit Judge and takes place in an open court and the
hearing is limited to one day at maximum and a limited number of expert witnesses
to keep the fast pace. Fast track claims range between £5000 and £25,000.
Multi-track claims are managed completely by the judge from the moment it is
allocated to the track. The aim is to keep the costs of the case as low as possible.
The track deals with claims above £25,000 or any complex cases with amounts
lower.
Criminal court structure
The criminal structure deals with left and murder and major crimes.This court doesnt
deal with compensation.The punishment in the criminal structure is fine or sentence
for crimes like murder and left also drugs.All cases dealt in the crimal court have R V
person to show that it is a criminal case unlike civil which has person V.The burden
of proof in a criminal court is beyond resonable doubt on the prosecution.
Supreme court
This is the highest court in the criminal structure for dealing with extreme crimes like
murder, attempted murder, manslaughter and major drug offences.The court has a
jury to decide whether the defendant is guilty or innocent.The supreme court is the
most serious when dealing with cases in th/e criminal division.The court hears
appeals on arguable points of the law of general public importance and this court
concretes on cases of the greatest public and constitutional importance.An example
of case in dealt in the division is R V the secretary of state for the home department.
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