AQA LAW01 - The Courts System

Magistrates Court.

Has some civil jurisdiction - largely administrative and domestic cases.

The courts administrative powers relate to civil debts on non-payment of bills, and taxes, etc.

They hear some family cases, such as; orders for protection against violence, maintenence orders, welfare for children, etc.

Sometimes deal with issues regarding licenses for the sale of alcohol, tobacco and betting, etc.

Created in the County Courts Act 1846 - meaning that local courts could have jurisdiction to settle small claims. Taking the pressure off of the higher courts.

Deals with Contract and Tort claims up to £50,000 (except libel cases)

Deals with:Undefended divorce, family law, probate, bankruptcy, taxes, land law disputes, etc.

This court is divided into three divisions - QBD - Queen's Bench Division; Family division and Chancery division.

Queen's Bench Division - Broad Jurisdiction; deals with contract and tort, with some civil cases nd is headed by the Lord Chief Justice.

Family Division - Deals with matrimonial disputes where there is no suing; only interest for clarification on a point of law.

Chancery Division - Deals with matters of finance and is headed by the Lord Chancellor.

3 tracks; Small claims, Fast-track and multi-track.

Small Claims - up to £5,000 claims or up to the value of £1,000 for injury claims. They are heard by a District judge and claimants are encouraged to represent themselves to keep a low cost.

Fast-track - Up to the value of £15,000. All cases are within a fixed, strict timetables that ensures the case will be completes in 30 weeks.

Multi-track - this track allows the transfer of cases between the county court and the high court.

Advantages

• It is a compulsory process. There is no other process which effectively compels the other side to come to a forum to resolve a dispute.
• The formality of the procedure. The rules of evidence, disclosure and legal argument all ensure a fair process.
• Appeal Process. There is no other dispute resolution process with allows appeals.
• Legal Aid. Legal ain is still wiely available for court litigation.
• Law Making and Development. Only courts can make and develop legal rules through the doctrine on precedent.
• Enforcement of decision. Courts have a greater power to enforce their decisions.

Disadvantages

• Too expensive. Lawyers are usually needed due to a cases certain complexity, therefore adding cost.
• Delays. These place intolerable psychological and financial stress on accident victims and defendants, etc.
• Injustice. A settlement usually tends to be reached before the litigants have even reached their trial.
• The adversial process. This encourages the cases manoervering rather than co-operation.

There are 3 different classes for criminal offences.

Summary Offences - For minor offences such as theft. Only tries in Magistrates.

Either-Way offences - For serious minor offences such as ****. Can be tried in either Magistrates of Crown Court.

Indicatable offences - For Serious offences, such as murder. Can only be tried in Crown court with a judge and jury.

Magistrates - hear over 1m cases per year. All summary offences and most either-way offences. Youth courts, aged between 10 & 17. All Appeals go to the Queen's Bench Division.

Crown - Hearing cases from Magistrates, as well as all indictable offences and some of the more serious either-way offences. Class 1 offences are heard  by a High Court Judge from QBD as well as some Class 2 offences. Less serious offences are heard by circuit judges or recorders. All crow court cases decisions are made a jury.

Court of Appeal - Criminal Division. The Lord Chief Justice presides. 3 judges create a panel; usually with the Lord Justice of Appeal and 2 senior High Court judges.