Chapter 1 Structure of the legal system 1 Distinction between criminal and civil law
1.1 Civil law
Who brings the action?
Claimant (plaintiff) against Defendant.
E.g. Brown v Jones
Burden & standard of proof?
Claimant must prove liability on 'balance of probabilities'
Where is action heard?
Small claims, County & High Court
Who decides liability/remedy?
Usually Judge alone
Remedy?Compensation. E.g. damages
1.2 Criminal law
Who brings the action?
Prosecution (Regina) against Accused.
E.g. R v Smith
Burden & standard of proof?
Prosecution must prove guilt ‘beyond reasonable doubt’
Where is action heard?
Magistrates & Crown Court
Who decides guilt/sentence?
Magistrates/Judge/Jury
Sentence?
Fine/Imprisonment/Community order
2 The courts of law
2.1 The European Courts:
(a) Court of the European Union (European Court of Justice) (not to be confused with European Court of Human Rights);
(i) Hears references and appeals from courts of member states on matters of European Law;
(ii) On European Law matters can overrule decisions of any UK court;
(b) European Court of Human Rights:
(i) The final source of appeal on European Convention on Human Rights matters. (Note that the Convention is now incorporated into UK law by Human Rights Act 1998);
(ii) There is no appeal from the European Court of Human Rights to European Court of Justice.
2.2 The House of Lords:
(a) Highest UK court;
(b) Personnel – Lords of Appeal in Ordinary (Law Lords) . 5 will usually sit on an appeal;
(c) Jurisdiction – purely appellate. Hears appeals from :‑
– Both divisions of the Court of Appeal
– The divisional court of the Queens Bench Division of the High Court
– The High Court by "leap‑frog procedure";
(d) On appeals from some Commonwealth Courts and Channel Islands the court sits as "The Judicial Committee of the Privy Council".
发表于 2012-2-23 17:09:42
