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Describe the Hierarchy of the Civil Courts

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Introduction

´╗┐Unit 23 p1 Vjosa Kutllovci P1 Describe the hierarchy of the civil courts Research the courts and state what each civil court does. County Hierarchy Civil Cases European courts of justice The European Court of Justice is the highest court in the European Union in matters of European Union law. As a part of the Court of Justice of the European Union institution it is tasked with interpreting EU law and ensuring its equal application across all EU member states. The Court of Justice of the European Union applies to EU law. Its judgments can affect both member states and individuals, and it is the referee between member states. The Court of Justice understands EU law to make sure it is applied in the same way in all EU countries. It also settles legal disputes between EU governments and EU institutions. Individuals, companies or organisations can also bring cases before the Court if they feel their rights have been overstepped by an EU institution. Supreme courts A supreme court is the highest court within the hierarchy of many legal jurisdictions. The Supreme Court is the final court of appeal in the UK for civil cases, and for criminal cases from England, Wales and Northern Ireland. ...read more.

Middle

The divisional court of the family division deals largely with appeals from magistrates courts in marital matters ?a next friend? or ?guardian ad litem?. High courts A high court is the unlimited jurisdiction forming part of the supreme courts and comprising three divisions: queens Brench, chancery, and the family division. The high court deals with civil cases and also has the power to review the actions of individuals to make sure they have acted legally and justly. The high court has three divisions as followed: The family division The family division deals with complex defended divorce cases, dissolution of civil partnerships, wardship, adoption, domestic violence and so on. It also deals with appeals from the magistrate?s courts and country courts in matrimonial cases. The Queen?s Bench division The Queen?s Bench division deals with large and or complex claims for compensation. It also deals with a limited number of appeals from magistrate?s courts or crown courts, as well as reviewing the actions of the organisation to see whether they have acted legally, and with libel and slander actions. The chancery division The chancery division deals with trust, contested wills, winding up companies, bankruptcy, mortgages, charities, contested revenue (usually income tax) ...read more.

Conclusion

Other cases are started and finished in the magistrates' court. These are where the defendant is not entitled to trial by jury. They are known as summary offences. Summary offences involve a maximum penalty of six months imprisonment and/or a fine of up to £5,000. Magistrates also deal with offences where the defendant can choose trial by jury but decides to have their case heard in the magistrates' court. If the defendant chooses trial by jury, the case will be passed on to the Crown Court. The youth court The youth court deals with young people who have committed criminal offences, and who are aged between 10 and 17. The youth court is part of the magistrates’ court and up to three specially-trained magistrates hear the case. If a young person is charged with a very serious offence, which in the case of an adult is punishable with 14 years’ imprisonment or more, the youth court can commit them for trial at the Crown Court. Civil cases in the magistrates’ court Magistrates can deal with a limited number of civil cases as follows: •some civil debts, for example, arrears of income tax, national insurance contributions, council tax and VAT arrears •some matrimonial problems, for example, maintenance and removing a partner from the matrimonial home •welfare of children, for example, local authority care or supervision orders, adoption proceedings and residence orders. ...read more.

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