Essay about High Court of Justice and Court

Submitted By cimbom_999
Words: 900
Pages: 4
Open Document
The Civil Courts
1. County Court
There are about 230 county courts most of which are in major towns. Cases are heard by a District or Circuit judge. They mainly deal with:

Small Claims Track Cases (less than £5000)
Cases of Contract and Tort
Disputes over partnerships, trusts & inheritance (up to value of £30,000)
All cases for the recovery of land.

On a rare occasion the judge may sit with a jury of 8 to hear cases of:
* Defamation
*False imprisonment
* malicious prosecution

2. High Court
The High Court is based in London but also has judges sitting in 26 towns and cities in England and Wales. It can hear any civil case and has 3 divisions each of which specialises in different types of cases:

1. Family Division
There are 18 High Court judges in this division. They hear disputes relating to: Marriage and Divorce, Wardship (legal custody) and children under the Children Act (1989) and non-disputed probate (wills) cases.

2. Chancery Division
There are about 20 High Court judges in this division. They mainly deal with matters concerning: insolvency, enforcement of mortgages, trust property, copyrights, intellectual property & probate.

3. Queens Bench Division
There are nearly 70 judges sitting in this division. It deals with contract and tort cases usually where a claim is over £50,000. Cases are usually heard by a single judge but there is a right to a jury for cases of Fraud, Libel, Slander, Malicious prosecution and false imprisonment.

APPEALS
From County Court
Claims under £5000 are known as small claims track cases. Still heard in County but sit as Small Claims Ct
Claims under £25000 are known as fast track cases:
A case heard by a district judge will be heard by a Circuit judge in the same County Court for appeal.
A case heard by a circuit judge will go to a high court judge on appeal. Further appeals go to the Court of Appeal (Civil Division) but are only allowed in exceptional cases.
For claims over £25000 i.e. multi-track cases which are heard by a circuit judge or in the High court (if complex), the appeal route is always the COA with further appeal to the Supreme Court.

From High Court
Cases usually go to the Court of appeal (Civil Division). In rare cases can ‘leap-frog’ to the supreme court under the Administration Justice act (1969) if the appeal involves point of law which is of general public importance concerned with either the interpretation of the statute. The Supreme court must give leave (permission) to appeal.

CRIMINAL COURTS

Classification of offence
Description
Court
Example
Summary
Minor offences
Always heard in the magistrates
Court
Nearly all driving offences, not paying TV licence, criminal damage (less than £50,000)
Offences triable either way
Those which may be committed in a serious or minor manner
If plead guilty usually heard in the MC if not guilty D has the right to ask it to be heard in the crown with a jury. theft, assault causing ABH
Indictable
Serious offences
The preliminary hearing will be in the M.C but will be tried in crown court murder, manslaughter, rape

THE CRIMINAL COURTS AND APPEALS

1. The Magistrates’ Court

This is the court for an initial trial. A case may be heard on appeal at the:

Crown Court –This appeal is only available to the defendant and is an automatic right. If the defendant pleaded not guilty at the Magistrates’
Show More

Related Documents: Essay about High Court of Justice and Court

Importance Of Judicial Independence

of India can move a court of law in case of denial of its rights. This representation of courts as an institution of justice, free of discrimination and influence, seems to be withering. The loss of trust is not due to incapability of judges to make right judgments but because of political interference. There exists a nexus between judiciary, executive and legislative, which leads to screwed outcomes, favoring the party. In such cases, private interests compromise social justice. Indian Constitution…

Words 1134 - Pages 5

Essay on Task P5

judges are the Justices of the Supreme Court who sit in the Supreme Court, the Lord Justice of Appeal in the Court of Appeal and High Court Judges (also known as puisne judges) who sit in the three divisions of the High Court. The inferior judges are Circuit Judges who sit in both the Crown Court and the County Court, Recorders who usually sit in the Crown Court and a few may hear cases in the County Court, District Judges who hear small claims and other matters in the County Court and District Judges…

Words 1388 - Pages 6

Supreme Court Stages

The Supreme Court is the highest court in the United States. The decisions that the court decides on establish precedent by which all lower courts must abide by when making future rulings. The Supreme Court has complete discretionary power in selecting the cases that constitute its docket. When a party loses a case in a lower court, they are entitled to petition for a writ of certiorari, if they so choose. The losing party usually believes that there was a procedural mishandling of the case or that…

Words 1675 - Pages 7

Essay on Civil Hierarchy

9 0 C R E D I T D I P L O M A I N BUSINESS 2013-14 SU WRIGHT By the end of the session, the learner:  MUST be able to: List the hierarchy of the civil courts in the correct order  SHOULD be able to: Describe the work of each of the civil courts in the hierarchy  MAY be able to: Describe the appeal process of the civil courts Civil Courts Civil Law  Civil disputes are generally between:  Individuals  Partnerships  Companies  Local or national Government departments  The dispute will…

Words 587 - Pages 3

Supreme Court History

As former Supreme Court Justice Hugo Black stated, “No higher duty, or more solemn responsibility rests upon this Court than that of translating into living law and maintaining this constitutional shield...for the benefit of every human being subject to our Constitution— of whatever race, creed, or persuasion” (Swainson, 116). Indeed, it is true that the Supreme Court is the mirror with which the United States examines the Constitution more deeply. However, while the Supreme Court is the mirror that…

Words 840 - Pages 4

Antonin Scalia Case Analysis

Recently, Antonin Scalia, one of the eight associate supreme justices died at the end of Barack Obama’s term which is causing major controversy for the next supreme justice that will fill his vacancy can cause a significant power shift to liberals in the Supreme Court justice union. With only 8 Supreme Court justices left there is an equal balance between liberals and conservatives in the Supreme Court justice union (4-4). The next supreme justices to fill the vacancy of Antonin Scalia will break that 4…

Words 1080 - Pages 5

Essay Structure

Research Essay 2,000 words: Satisfactory 1 The High Court of Australia has ultimate responsibility for interpreting the Constitution in an independent manner. Given this responsibility, how adequate are the current processes and principles of appointment of High Court judges? It’s good to give your paper a title, one that indicates your position Introduction The Governor-General is given the power to appoint judges to the Australian High Court and other courts by the Australian Constitution.1 However…

Words 4128 - Pages 17

Antonio Lamer Case Study

The importance of the Supreme Court of Canada became magnified following the introduction of the Charter of Rights. Present during this power flux was Antonio Lamer, a former Judge of the Quebec division of the Court of Appeal. Lamer served as both a Justice and Chief Justice of the Supreme Court during his two decades on the bench. While serving as a Justice, Lamer was responsible for re-constituting the criminal powers of the federal government However, Chief Justice Lamer will be remembered best…

Words 651 - Pages 3

Supreme Court Retention System

Following the 2015 Supreme Court decisions regarding the Affordable Care Act and same-sex marriage , Presidential candidate and Texas Senator Ted Cruz wrote: "the time has come, therefore, to recognize that the problem lies not with the lawless rulings of individual lawless justices, but with the lawlessness of the court itself." The solution offered by Senator Cruz to address the lawlessness of the court was to subject the Justices to a national retention election. Life-tenure, in the eyes of…

Words 676 - Pages 3

Essay on Thurgood Marshall

of the 20th century. Thurgood Marshall was an U.S supreme court making him the nation’s first African American to serve on the high court. Thurgood Marshall had 2 wives. The 1st wife is Vivian Burey. The 2nd wife is Cecilia Suyat she and Marshall had 2 sons Thurgood Marshall Jr aged 57. John W. Marshall aged 32. Educational backgrounds His elementary school was henry highland garnet. Marshall’s middle school is Lincoln academy. His high school is Fredrick Douglass the same school Fredrick Douglass…

Words 317 - Pages 2