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Lecture notes Legal System, Legal Skills, Legal Study - Principle English Courts

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Lecture notes Legal System, Legal Skills, Legal Study - Principle English Courts

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Principle English Courts
Jurisdiction – the power to hear a case/ the geographical area which is subject to that
court’s power
- Superior courts have unlimited geographical & financial jurisdiction
- Inferior courts have limited geographical & financial jurisdiction
Classification of jurisdiction
- Trial/ first instance
o Court identifies agreed facts
o Makes findings of facts which aren’t agreed
o Decides & applies the relevant law to the facts
- Appeal
o Court can usually substitute its own decision for the one reached at first
instance
- Supervisory jurisdiction
o High court supervises the way in which lower courts exercise their
decision-making powers
- Judicial review
o The court considers the legality of the process which reached the initial
decision
 Not an appeal
Supreme court
- Established to assume jurisdiction of appellate committee of house of lords
- ‘Law lords’ became justices of the supreme court
o Members of house of lords
- Separates senior judiciary from legislature & executive
- Is the final appeal court for the uk
County court
- Civil jurisdiction only
- Deals with contract, tort, divorce, bankruptcy
- Jurisdiction limited geographically & financially
- Staffed by circuit judges & district judges
High court
- 3 divisions:
1. Chancery – civil jurisdiction only
a. Wills, land, trusts, company
b. Mostly first instance but appellate jurisdiction from county courts
2. Family
a. First instance jurisdiction over defended divorce, adoption & other
family matters
b. Appellate jurisdiction over family matters from magistrates &
crown court
3. Queen’s bench
a. Criminal jurisdiction
i. From magistrates & crown court
b. Civil jurisdiction
i. Contract & tort cases with no upper financial limit
ii. Appeals from country courts

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Uploaded on
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Number of pages
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Written in
2019/2020
Type
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