2.1 Judicial Precedent And The Hierarchy Of The Courts Seminar Questions
What are the principal characteristics of the common law?
- Second source of law
- Created by the judiciary
- Also known as "case law"
- Judge-made law
- Reported cases handed down from the judiciary - previous cases or decisions of previous judges
- Can be amended of overridden by Statute Law, European Law and Human Rights Law.
Identify the principal civil and criminal courts in England and Wales. Which courts have an appellate jurisdiction?
- County court is where civil matters start
- Magistrates' court is where criminal matters start
- The courts that have Appellate jurisdiction for civil courts and criminal courts are the Court of Appeal and the Supreme Court
What is meant by the doctrine of judicial precedent? In which circumstances is an earlier judgement binding on another court in a later case?
- Doctrine of judicial precedent, also known as binding law
- Lawyers are bound to follow legal principles that have been formulated by lawyers in higher-ranking courts if the facts are similar.
Aristotle is suing Brian claiming contract damages of £20,000, Brian is contesting the claim. In which courts might the case be tried? To which courts might an appeal be made is all possible appeals were made?
- Start at county court because is £20,000.
- If appealed it would go to the High Court of Justice in the Queen's Bench Division.
- If appealed again it would go to the Court of Appeal and then to the Supreme Court
Explain how criminal cases are allocated for trial between magistrates' court and the Crown Court?
- They're allocated depending on the seriousness of the case.
- Magistrates Court hears summary offences and either-way offences.
- Crown Court hears Indictment offences and either-way offences. A lot of people choose to go to the Crown Court because they'll have compassion
What are the main divisions of the High Court? Assess the jurisdiction of each division.
- There are 3 main divisions in the High Court of Justice:
- Queen's Bench Division: deals with everything else, especially tort and contract
- Chancery Division: deals with company matters, like bankruptcy
- Family Division: deals with family matters, like divorce