UNIT 1: THE LEGAL SYSTEMS
1.2. The Court Structure
A. The Hierarchy of Courts
In the Common Law tradition, the court system is hierarchical. This structure is not merely administrative; it is fundamental to the doctrine of precedent (stare decisis).
A decision made by a higher court is binding on the courts below it in the hierarchy.
1. The Court System in England and Wales
- Supreme Court: The final court of appeal.
- Court of Appeal: Divided into Civil and Criminal divisions.
- High Court: Superior court for complex cases (QBD, Chancery, Family).
- Crown Court: Serious criminal offenses with judge and jury.
- Magistrates' Courts: Minor criminal cases, no jury.
- County Courts: Local civil litigation (debt, personal injury).
2. The Court System in the United States
The US operates under federalism, a dual system of Federal and State courts.
- U.S. Supreme Court: Final interpreter of the Constitution.
- U.S. Courts of Appeals: 13 regional circuits.
- U.S. District Courts: General federal trial courts.
B. Civil Courts vs. Criminal Courts
| Feature | Civil Courts | Criminal Courts |
|---|---|---|
| Purpose | Resolve private disputes / Remedies | Punish offenses against society |
| Parties | Claimant/Plaintiff vs. Defendant | Prosecutor vs. Defendant |
| Burden of Proof | Balance of probabilities | Beyond a reasonable doubt |
| Outcome | Liability (Damages/Injunction) | Guilt (Punishment/Fine) |
C. Vocabulary Focus
Jurisdiction: Power to decide a case.
Appellate Court: Reviews lower court decisions.
Trial Court: Court of "first instance".
Acquittal: Judgment of "not guilty".
Exercise 1: Diagramming the English Court Hierarchy
Place the courts in the correct hierarchical order (1 = Highest).
1.
2.
3.
4.
Exercise 2: Civil or Criminal?
1. A company sues another for breach of contract.
Civil Criminal2. The state prosecutes an individual for bank robbery.
Civil Criminal3. A person is charged with possession of illegal drugs.
Civil Criminal
Exercise 3: US Terminology Match
Match US Terms to their Definitions/UK Equivalents:
1. Plaintiff:
2. Circuit Court:
Ex 1: 1. Supreme Court, 2. Court of Appeal, 3. High Court, 4. Magistrates'/County.
Ex 2: 1. Civil, 2. Criminal, 3. Criminal.
Ex 3: 1-B, 2-C.
Ex 2: 1. Civil, 2. Criminal, 3. Criminal.
Ex 3: 1-B, 2-C.
No comments:
Post a Comment