Created by The SQE Hub 2023
LEGAL SYSTEM OF E&W AND ITS SOURCES OF LAW
SQE 1 Assessment specification: The Courts
The Judiciary:
Court Hierarchy:
- Civil law is private law - law concerned with relations between individuals. C brings
the case. D defends the case. Burden of proof is on C. Standard of proof is balance
of probabilities.
- Criminal law is public law - concerned with relationship between people and the
state. Case is brought by prosecution against D. Burden of proof is on prosecution.
Standard is beyond reasonable doubt.
- Trail and appellate courts; and superior and inferior courts.
Trial Courts = hear cases at 1st instance- hear the facts and law and make a ruling
Appellate courts = consider the law for a case that has already been heard
Superior Courts = have unlimited geo and financial jurisdiction - deal with more complex
case i.e. supreme court, court of appeal, high court and crown court.
Inferior courts = hear cases from particular localities within E&W and their cases are more
straightfwd i.e. county court, Mag court
- Privy council - made up senior judges and hear cases from commonwealth countries.
Decisions not binding on any court but can be highly persuasive.
1
, Created by The SQE Hub 2023
ECHR and Privy council
ECtHR
- HRA 1998 - courts take into account decisions of ECtHR but do not have to
implement them.
- R v Hirst - applicant won in ECtHR and ECtHR made a judgement against the UK
govt - but UK govt does not have to follow the ECtHR’s decision like they do for the
supreme court.
Privy Council
2
LEGAL SYSTEM OF E&W AND ITS SOURCES OF LAW
SQE 1 Assessment specification: The Courts
The Judiciary:
Court Hierarchy:
- Civil law is private law - law concerned with relations between individuals. C brings
the case. D defends the case. Burden of proof is on C. Standard of proof is balance
of probabilities.
- Criminal law is public law - concerned with relationship between people and the
state. Case is brought by prosecution against D. Burden of proof is on prosecution.
Standard is beyond reasonable doubt.
- Trail and appellate courts; and superior and inferior courts.
Trial Courts = hear cases at 1st instance- hear the facts and law and make a ruling
Appellate courts = consider the law for a case that has already been heard
Superior Courts = have unlimited geo and financial jurisdiction - deal with more complex
case i.e. supreme court, court of appeal, high court and crown court.
Inferior courts = hear cases from particular localities within E&W and their cases are more
straightfwd i.e. county court, Mag court
- Privy council - made up senior judges and hear cases from commonwealth countries.
Decisions not binding on any court but can be highly persuasive.
1
, Created by The SQE Hub 2023
ECHR and Privy council
ECtHR
- HRA 1998 - courts take into account decisions of ECtHR but do not have to
implement them.
- R v Hirst - applicant won in ECtHR and ECtHR made a judgement against the UK
govt - but UK govt does not have to follow the ECtHR’s decision like they do for the
supreme court.
Privy Council
2
