ACCA/CAT

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".

2.3 The Court of Appeal:

(a) Divided into 2 divisions :?

– civil and

– criminal

(b) Personnel – Lord Justices of Appeal. 3 will usually sit on an appeal.

– civil division – Master of the Rolls is chief judge

– criminal division – Lord Chief Justice of the criminal division

(c) Jurisdiction – purely appellate. Hears appeals from

– all 3 divisions of the High Court, the divisional court, the EAT, Lords Tribunal and Transport Tribunal

– the Crown Court

– the County Court (except for certain appeals in regard to family and bankruptcy matters)

2.4 The High Court:

(a) Divided into 3 divisions:

– Queens Bench Division

– Family Division

– Chancery Division

(b) Personnel – High Court Judges (Puisne judges):

– QBD – Lord Chief Justice = chief judge

– Family Division – President = chief judge

– Chancery Division – Nominally Lord Chancellor – in practice

Vice?Chancellor

(c) Queens Bench Division jurisdiction:

– Contract, Tort and other general civil matters without limit as to value (usually above ￡15,000) includes specialist courts such as the Commercial and Admiralty Courts.

– The making of prerogative writs and orders

The Divisional Court of the QBD hears appeals on points of law from the Magistrates and Crown Courts.

(d) Family Division jurisdiction:

– Defended divorces and matters under the Domestic Violence and Matrimonial Proceedings Act 1976

– Matters relating to Childrens Act 1989 and Human Fertilisation and Embryology Act 1990

– Appeals in regard to family matters from the County Court

(e) Chancery Division jurisdiction:

– Trusts

– Tax

– Company Law

– Probate

– Insolvency

– Companies Court and Patents Court are part of the Chancery division

2.5 The Crown Court:

(a) Personnel:

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