THE COURT SYSTEM IN THE UK Jurisdiction = the power of the court to hear and decide a case or make a certain

certain order; the territorial limits within which the jurisdiction of a court may be exercised. Everywhere else is said to be outside the jurisdiction A case of first instance is one which is before a court for the first time, not an appeal - first instance jurisdiction Appellate jurisdiction - the power of a higher court to hear appeals from inferior courts Judges - state officials with power to adjudicate on disputes and other matters brought before the courts for decision In English law all judges are appointed by the Crown, on the advice of the Lord Chancellor or on the advice of the Prime Minister All judges are experienced legal practitioners, mostly barristers The independence of the higher judiciary is ensured by the principle that they hold office during good behaviour and not at pleasure of the Crown The jury is a group of jurors (usually 12) selected at random to decide the facts of a case and give a verdict. Most juries are selected to try crimes but juries are also used in some civil cases (e.g. defamation actions). The judge directs the jury on points of law and sums up the evidence of the prosecution and defence for them, but he must leave the jury to decide all questions of fact themselves.

The jury system: pros and cons Pros Ensures a fair trial especially in criminal cases People from a wide spectrum of society Decide only on facts of case Cons Some cases are too complex for ordinary people, e.g., serious fraud Too many unemployed / retired people Swayed by emotion Court orders and injuctions 1. People who cause trouble in a particular place may be legally prevented from going to that place again. This is known as a banning / bankruptcy order. 2. In Britain, if someone is causing someone distress, harm or harassment, the police can apply for an ASDA / ASBO in order to restrict their behaviour. 3. In a civil case, a court may impose a search / hunt order allowing a party to inspect and photocopy or remove a defendant's documents, especially if the defendant might destroy those documents. 4. A promise given to a court (for example, by a vandal who promises not to damage property again) is known as an undertaker / undertaking. 5. Sometimes a temporary injunction can be imposed on someone until the case goes to court. This is known as a temporary or interlocutory / interim injunction. 6. A restraining / restriction order is a court order which tells a defendant not to do something while the court is still making a decision.

7. If someone applies for an injunction against a person with a mental disability, a third party will be appointed to act for that person. This third party is known as a litigation assistant / friend. 8. A frozen / freezing order or injunction prevents a defendant who has gone abroad from taking all his assets (for example, the money in his bank account) abroad (except for living expenses). 9. If you want to stop a magazine publishing an article about you (or photographs of you) that you do not like, you can apply for a publicity / publication injunction. 10. A person who repeatedly harasses, pesters or hits another person might be given a non-proliferation / non-molestation order to prevent him / her from continuing to do it. 11. If your partner is trying to get you out of your shared home, or if he / she won't let you back into your home, you can apply for an occupation / occupying order to remain / get back into the home. 12. Housing / Home injunctions might protect you if you live in a council home and your neighbours are annoying and harassing you, or if you are a private tenant being harassed by your landlord. 13. A Common / Public Law injunction can sometimes be applied for if one partner of an unmarried couple is harassing, assaulting or trespassing on the property of the other. 14. Reconstitution / Restitution orders are court orders asking for property to be returned to someone. 15. An order of discharge / disclosure is a court order releasing someone from bankruptcy. 16. Many injunctions have a penal / penalty notice attached, which states that if the injunction is broken, the offender could be sent to prison. 17. Injunctions aimed at preventing violence may carry a power of arrest / arrears clause, which allows the police to take the offender into custody if the injunction is broken. 18. If an injunction is broken, committal / committee proceedings might follow: this is a process in which a court is asked to send the person who has broken the injunction to prison.

From House of Lords to Supreme Court On 30 July 2009, the judicial function of the House of Lords and its role as the final - and highest - appeal court in the UK ended, bringing about a fundamental change to the work and role of the House of Lords. A new United Kingdom Supreme Court, separating the judicial function from Parliament (those who make the law from those who interpret it in courts), will open from 1 October 2009 opposite the Houses of Parliament in Parliament Square - formerly the Middlesex Guildhall. At the end of July, the Law Lords sat in the Lords Chamber to hear appeals and give the final House of Lords judgments. (www.parliament.uk

Barristers In England and Wales, a barrister is a member of one of the __________ (= the four law societies in London to which lawyers are members); he or she has passed examinations and spent one year in __________ (= training) before being __________ (= being fully accepted to practise law). Barristers have the __________ in all courts in England and Wales: in other words, they have the right to speak, but they do not have that right __________. Magistrates Magistrates usually work in __________. These courts hear cases of petty crime, __________, __________, maintenance and violence in the home. The court can __________ someone for __________ or for __________ in a __________. There are two main types of magistrates: __________ magistrates (qualified lawyers who usually sit alone); __________ magistrates (unqualified, who sit as a __________ of three and can only sit if there is a justices' __________ present to advise them). Judges In England, judges are __________ by the Lord Chancellor. The minimum requirement is that one should be a barrister or __________ of ten years' standing. The majority of judges are barristers, but they cannot __________ as barristers. __________ are practising barristers who act as judges on a part-time basis. The appointment of judges is not a __________ appointment, and judges remain in office unless they are found guilty of gross __________. Judges cannot be Members of __________. The jury Juries are used in __________ cases, and in some civil actions, notably actions for __________. They are also used in some coroner's __________. The role of the jury is to use common sense to decide if the __________ should be for or against the __________. Members of a jury (called __________) normally have no knowledge of the law and follow the explanations given to them by the judge. Anyone whose name appears on the __________ and who is between the ages of 18 and 70 is __________ for __________. In the UK, judges, magistrates, barristers and solicitors are not eligible for jury service, nor are priests, people who are __________, and people suffering from mental illness. People who are excused jury service include members of the armed forces, Members of Parliament and doctors. Potential jurors can be __________ if one of the parties to the case thinks they are or may be __________.

Barristers: In England and Wales, a barrister is a member of one of the Inns of Court (= the four law societies in London to which lawyers are members); he or she has passed examinations and spent one year in pupillage (= training) before being called to the bar (= being fully accepted to practise law). Barristers have the right of audience in all courts in England and Wales: in other words, they have the right to speak, but they do not have that right exclusively. Magistrates: Magistrates usually work in Magistrates' Courts. These courts hear cases of petty crime, adoption, affiliation, maintenance and violence in the home. The court can commit someone for trial or for sentence in a Crown Court. There are two main types of magistrates: stipendiary magistrates (qualified lawyers who usually sit alone); lay magistrates (unqualified, who sit as a bench of three-seven and can only sit if there is a justices' clerk present to advise them). Judges: In England, judges are appointed by the Lord Chancellor*. The minimum requirement is that one should be a barrister or solicitor of ten years' standing. The majority of judges are barristers, but they cannot practise as barristers. Recorders are practising barristers who act as judges on a part-time basis. The appointment of judges is not a political appointment, and judges remain in office unless they are found guilty of gross misconduct. Judges cannot be Members of Parliament. ** The jury: Juries are used in criminal cases, and in some civil actions, notably actions for libel. They are also used in some coroner's inquests. The role of the jury is to use common sense to decide if the verdict should be for or against the accused. Members of a jury (called jurors) normally have no knowledge of the law and follow the explanations given to them by the judge. Anyone whose name appears on the electoral register and who is between the ages of 18 and 70 is eligible for jury service. Judges, magistrates, barristers and solicitors are not eligible for jury service, nor are priests, people who are on bail, and people suffering from mental illness. People who are excused from jury service include members of the armed forces, Members of Parliament and doctors. Potential jurors can be challenged if one of the parties to the case thinks they are or may be biased. * The Lord Chancellor is the member of the British government and of the cabinet who is responsible for the administration of justice and the appointment of judges in England and Wales. The role of Lord Chancellor is to be abolished and his / her role assumed by the Secretary of State for Constitutional affairs. ** Note that in the USA, state judges can be appointed by the state governor or can be elected; in the federal courts and the Supreme Court, judges are appointed by the President, but the appointment has to be approved by Congress.

Criminal courts of first instance 2 criminal courts: the Magistrates' Court and the Crown Court the senior of the two is the Crown Court the courts are arranged in a local structure to enable the system to work effectively the most important Crown Court = the most famous = the Old Bailey, in London the Magistrates' Court does have some civil functions in addition to its criminal duties Civil Courts 2 main civil courts of first instance: the County Court and the High Court the County Courts are arranged in a local structure to facilitate accessibility the High Court of Justice is split into 3 divisions: the Queen's Bench Division - deals mainly with claims for damages and equitable remedies as a result of breaches of contract and torts the Chancery Division - deals in matters of partnership and company law, revenue matters and important property issues the Family Division - deals in matrimonial disputes and children cases (such as custody issues)

CRIMINAL COURTS OF FIRST INSTANCE Magistrates' Court presided over either by lay magistrates (Justices of the Peace) or by district judges the lay magistrates are unqualified laymen (people without a legal qualification); they are unpaid but will receive expenses for travel and any loss of earnings incurred whilst attending at court and hearing cases the district judges (previously called stipendiary magistrates) are full-time salaried magistrates who are legally qualified the majority of Magistrates' Courts are presided over by lay magistrates the feature of both the civil and the criminal matters within the jurisdiction of the Magistrates' Courts is that they are matters of relatively minor importance compared with the civil matters heard in the High Court and the county courts and the criminal cases tried at the Crown Court the advantage of summary procedure is its cheapness and speed Lay magistrates There are over 30,000 lay magistrates who are also known as Justices of the Peace (JP). They normally sit as part of a bench of three-seven, for at least 26 half days each year. In court, they will be advised on questions of law, practice and procedure by a Magistrates' Clerk (who must have been qualified as a barrister or solicitor for at least five years). The Role of Magistrates courts (1) Criminal matters Magistrates' courts dispose of over 95% of all criminal cases. They: issue warrants for arrest and search; decide whether a case should be adjourned; grant applications for bail or remand defendants in custody; in summary trials, determine whether a defendant is guilty or not; pass sentence on a defendant who has been found guilty; may decide to hear an either-way offence, if the defendant also agrees;

 commit defendants convicted of either-way offences to the Crown Court for sentence; sit in the Crown Court with a judge to hear appeals from Magistrates' courts against conviction or sentence; sit in the Crown Court with a judge to hear committals for sentence; enforce financial penalties; and sit in the Youth Court to hear cases involving young offenders aged 10-17. For a single criminal offence committed by an adult, magistrates' sentencing powers include the imposition of fines, community service orders, probation orders or a period of not more than six months in custody. Civil matters Magistrates hear cases in the Family Proceedings Court and make decisions on a range of issues affecting children and families. For example, making orders for residence of and contact with children. Magistrates also decide whether to grant certain orders, licences or certificates. For example, liquor licences, permits relating to betting and the registration of gaming clubs. STIPENDIARY MAGISTRATES/DISTRICT JUDGES Stipendiary magistrates are full-time magistrates who sit alone. They will have been qualified as barristers or solicitors for at least seven years and have served as Acting Stipendiary Magistrates for a minimum of two years. They are usually aged between 40 and 55. There are 48 Metroplitan Stipendiary Magistrates who hear cases in London, and 48 Provincial Stipendiary Magistrates who hear cases in magistrates' courts outside London, generally in busy urban areas. They are appointed by the Queen on the recommendation of the Lord Chancellor. Before sitting alone, successful candidates are asked to sit in for one week with a serving Stipendiary Magistrate, to attend a Judicial Studies Board induction seminar, to visit penal institutions and to meet with a senior representative of the Probation Service. Acting Stipendiary Magistrates sit for two weeks on the first occasion, and at least 20 days a year thereafter. If an Acting Stipendiary Magistrate does not achieve a full-time Stipendiary post within five years, he or she is unlikely to be invited to undertake further sittings. There are 107 Acting Stipendiary Magistrates. The Crown Court is presided over by a High Court judge, a circuit judge or a recorder (=a part time judge who will have been a barrister or a solicitor of at least 10 years standing) the case is heard before a jury the judge will be the sole arbiter of the law and will advise the jury as to the legal ramifications of the offence and of the evidence put before them the jury is the sole arbiter of the fact; it is comprised of 12 people the jurors are taken from the electoral roll and must be legally unqualified the Crown Court has exclusive jurisdiction over all trials on indictment for offences wherever committed CIVIL COURTS OF FIRST INSTANCE The County Court it is a national network of local courts which deal exclusively with civil cases it is a court of first instance and generally deals with smaller, less complex claims (such as small debts) personal injury claims of less than 50,000 must be commenced in the County Court County Court will usually deal with other claims where the claim is for 25,000 or less

the jurisdiction of the county courts is local in nature (so that there must be some connecting factor between the action and the county court district in which it is tried)

The High Court it is a civil court of first instance and an appeal court in criminal cases Queen's Bench Division it has civil and criminal jurisdiction it deals with claims in breach of contract and tort it also has a supervisory jurisdiction and can issue "prerogative writs" to force inferior tribunals and courts to act or stop acting in a particular way (judicial review) its jurisdiction over commercial matters is exercised by the Commercial Court, which is a part of it the criminal jurisdiction of the High Court is exercised exclusively by the Queen's Bench Division Chancery Division it deals with cases involving partnership, company law, insolvency, disputed wills, the sale of land, patents, trademarks and copyright Family Division it deals with all High Court matrimonial matters (divorce, custody, adoption, legitimacy) The Court of Appeal The Civil Division hears appeals from the High Court, county courts, the Restrictive Practices Court, the Employment Appeal Tribunal and various tribunals appeal is by way of rehearing The Criminal Division hears appeals by persons convicted and, in certain cases, considers points of law referred to the court by the Attorney-General; it also hears appeals against sentence from the Crown Court The House of Lords/Supreme Court it exercises the judicial function of Parliament it has very little original jurisdiction, its jurisdiction being almost entirely appellate in civil cases it hears appeals from the Court of Appeal; the ground of appeal does not have to be a point of law (as it does in criminal cases) but most cases which reach the House of Lords do in fact involve a point of law of public importance, such as the correct construction of Acts of Parliament. in criminal cases - appeals from the High Court COURTS WITH SPECIAL JURISDICTION Employment Appeal Tribunal it hears appeals, on a point of law only, from the Employment tribunal it is presided over by a High Court judge sitting with 2 expert laymen drawn from panels representing both sides of the industry (the employee's panel and the employer's panel) Restrictive Practices Court it considers the agreements that restrict prices of products or the conditions of supply of goods it has the jurisdiction to hear proceedings brought by the Director of Fair Trading against a trader who has traded unfairly it is presided over by a High Court judge

Judicial Committee of the Privy Council it hears appeals from outside the UK (e.g. the Channel Islands) and from such bodies as the General Medical Council and Ecclesiastical Courts it has equal status with the House of Lords for the bodies referring to it Coroners' Courts these are local courts which hold inquests into unexplained or suspicious deaths in the area it also has jurisdiction in cases of alleged "treasure trove" (where valuable items are found buried in the ground) TRIBUNALS Domestic tribunals are so called because they are set up by a particular body or club to regulate the conduct of their members Administrative tribunals The Lands Tribunal - deals with a variety of disputes involving valuation of land (e.g. where land is being compulsory purchased for the building of a new road). The tribunal, which is staffed by legally qualified members together with valuation experts, will hear the claim and decide on the acquisition price Rent Tribunals - are set up to assess the rent of some furnished premises. Employment Tribunals - are local tribunals established to hear disputes between an employee and his employer. The hearing is presided over by legally qualified chairmen sitting with 2 or 4 expert laymen drawn from panels representing each side of the industry. Social Security Tribunals - are established by statute to hear claims relating to the eligibility for and amount of welfare benefits that a person is entitled to. The tribunals usually consist of a legally qualified member and 2 laymen. Mental Health Review Tribunals - hear matters relating to the treatment and property of people who suffer from mental disorders. They are composed of both legally and medically qualified members. Types of court Admiralty Court Commercial Court coroners court County Court courthouse court-martial Court of Appeal Court of Protection Crown Court employment tribunal European Court of Human Rights European Court of Justice High Court Supreme Court Lands Tribunal magistrates' court rent tribunal small claims court Types of court 1. A ................................. is a court that deals with disputes over small amounts of money. 2. A ................................. is a civil or criminal court to which a person may go to ask for an award or sentence to be changed.

3. A ................................. is a court which tries someone serving in the armed forces for offences against military discipline. 4. A ................................. is the general word for a building in which trials take place. 5. A ................................. is one of the types of court in England and Wales which hears local civil cases. 6. The ................................. is a court which considers the rights of citizens of states which are parties to the European Convention for the Protection of Human Rights. 7. An ................................. is a body responsible for hearing work-related complaints as specified by statute. 8. A ................................. is a court which hears cases of petty crime, adoption, affiliation, maintenance and violence in the home (= domestic violence), and which can also commit someone for trial or sentencing in a Crown Court. 9. A ................................. is a court presided over by a public official (usually a doctor or lawyer) who 10. A _______________ is a court above the level of a magistrates' court which hears criminal cases. 11. A _______________ is a court which deals with compensation claims relating to land. 12. A _______________ is a court in the Queen's Bench Division (= one of the main divisions of the High Court) which hears cases relating to business disputes. 13. A _______________ is a court which adjudicates in disputes about money paid or services provided in return for borrowing something usually buildings or land. 14. The _______________ is the main civil court in England and Wales. 15. The _______________ is the court set up to see that the principles of law as laid out in the Treaty of Rome are observed and applied correctly in the European Union. 16. A _______________ is a court appointed to serve the interests of people who are not capable of dealing with their own affairs, such as patients who are mentally ill. 17. The _______________ is court which is part of the Queen's Bench Division (see number 12 above), which decides in disputes involving ships. 18. The _______________ is the highest court of appeal in the United Kingdom (although appellants unhappy with a decision made here can appeal to the European Court of Justice). 1. small claims court 2. Court of Appeal (also called an Appeal Court) 3. court-martial (Note that the plural form is courts-martial. It can also be a verb, usually used in the passive: to be court-martialled) 4. Courthouse 5. County Court (there are about 270 County Courts in England and Wales. They are presided over by either district judges or circuit judges. They deal mainly with claims regarding money, but also deal with family matters, bankruptcies and claims concerning land) 6. European Court of Human Rights (its formal name is the European Court for the Protection of Human Rights) 7. employment tribunal (formally known as an industrial tribunal. The panel hearing each case consists of a legally qualified chairperson and two independent lay (= not legally qualified) people who have experience of employment issues. Decisions need to be enforced by a separate application to the court. Appeals are made to an Employment Appeal Tribunal) 8. magistrates' court 9. coroner's court (an investigation in a coroner's court is called a coroner's inquest. A coroner's inquest also decides what happens when treasure or something valuable that has been secretly hidden or lost is suddenly rediscovered) 10. Crown Court 11. Lands Tribunal

12. Commercial Court 13. rent tribunal 14. High Court 15. European Court of Justice (ECJ for short. It is also called the Court of Justice of the European Communities) 16. Court of Protection 17. Admiralty Court 18. Supreme Court of the UK