Lecture notes
Juries and the Hierarchy of courts
- Institution
- PEARSON (PEARSON)
class notes on the role of Juries and the Hierarchy of courts
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Juries and the Hierarchy ofcourts
The Jury
The function of the jury is to weigh up the evidence and to decide what the
true facts of the case are or what happened. The judge gives the direction
to the jury on the relevant law, which the jury must apply to the facts of the
case to reach a verdict. The jury is made up of 12 men and women from the
community. To be eligible for jury service you must fit in the following
categories:
Must be between 18 and 70 years of age
Must have been a resident in the United Kingdom for at least 5 years
Must be registered to vote
Must have ‘capacity’ – i.e., people with certain learning difficulties may
be disqualified from serving
Cannot be suffering from any mental disorder
Cannot have been in prison for 5 years or more
County Courts
The county court is a court where legal proceedings begin. The main role of
a county court is to deal with civil cases, such as claims and disputes, as
well as personal injury cases, defamation, and debt. Civil court cases arise
when an individual or business believes their rights have been infringed. In
the county court the cases get divided into 3 different types:
Small claims up to £5,000 which requires a district judge
Fast track claims from £5,000 to £25,000 which requires a circuit judge
Multi-track claims over £25,000 which requires a circuit judge or to be
transferred to the high court.
In a county court there is not a jury, but they have a judge who are usually
former barristers or solicitors. The court bailiff’s can be given authorization
to seize goods, the sale of these goods can then be used to pay off the
debt, and an attachment of earnings orders can be put in place, this is
where the defendant’s employer must make deductions from the wage.
Case Study (Courtenforcementservices, 2021): The client had been
chasing this debtor for some time to recover a personal debt arising from
residential rent arrears. A County Court Judgment (CCJ) had been awarded,
which had subsequently been transferred up to the High Court for
enforcement. The debtor was described by the client as a ‘slippery fish’,
because the person had a history of frequently moving address. Also, the
debtor had evaded payment when the previously appointed enforcement
company, had failed to adequately secure the assets. The debtor thereafter
quickly moved address, which the client traced and passed on the new
address to the enforcement company – they again failed to collect. The
debtor moved again. At this point the client instructed Court Enforcement
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