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: