The House of Lords is the second chamber of the UK Parliament. The role of the House of Lords is to make laws and provide a forum of independence. The House of Lords is able to challenge the actions by the government. The House of Lords is known as the 'Upper House' or 'Second Chamber'. The political party which wins the most seats/places in a general election forms the Government. The government that runs the country and is formed from the political party that wins most seats in the House of Commons in a general election. The Government formulates policy and introduces legislation in Parliament. Most senior members of the government are members of House of Commons but, there are ministers, along with the 2 cabinet members. The House of Lords also contains many Members of Parliament who were in previous government. The House of Lords is the final court of appeal in both civil and criminal cases. As a court of appeal, it adopts decisions of its committee in which, by convention, only the Lords of Appeal in ordinary that is has high judicial office participate. In its criminal jurisdiction, the House of Lords hears apparels from the Queen’s Bench Division of the High Court and Court of Appeal. In viable cases appeals are heard from the Court of Appeal. Appeals are heard by at least three persons chosen from the Lords of Appeal in ordinary or those who have held high judicial office such as former Lord Chancellors.
A magistrate’s court is also known as a police court, it is the lowest court where all common laws are taken place. The magistrate’s court deals with 97% of criminal cases. All criminal cases take place in the magistrate’s court depending on the crime that has been committed. Some cases start and finish in the magistrates court however, some criminal cases may be transferred to the Crown court. The magistrate’s court deals with minor offences such as fines up to £5000 and imprisonment of six months. The function of the magistrate’s court is to give judgment criminal and civil cases. The role of the magistrates court is to determine whether the defendant is guilty or not and giving appropriate sentences. The magistrate’s court decides on applications on bail and decides on requesting for remands in custody. The magistrate’s court can decide on civil matters relating to families. The jurisdiction of the magistrate’s court is the financial penalties and orders, the maximum penalty is six months and fines up to £5000. However, if the damage is over £5000 the cases is transferred to Crown court.
The high court is divided into three divisions, each one dealing with different cases e.g. the family division, the chancellor divisional and the Queen ’s Bench division which deals with cases like contracts and negligence’s. Each of these divisions, however, also has the capacity to act as a court to hear appeals from lower courts and, when the judges sit in that capacity, the court is called a ‘Divisional Court of the High Court’. The Divisional Courts hear appeals from courts and tribunals below them in the hierarchy. The High Court is also normally bound by its own previous decisions although, in civil cases, it may make use of the exceptions open to the Court of Appeal. In criminal appeal cases the Queen's Bench Divisional Court may refuse to follow its own earlier decisions where it feels the earlier decision to have been made wrongly. In general, the Divisional Court sits in panels of three judges of the Superior Court of Justice. However, in some circumstances, Divisional Court hearings may be held before a single judge. These circumstances can includes, motions in the Divisional Court, including motions for leave to appeal; urgent or expedited matters; appeals from a final order of a master or case management master; or appeals from a final order made in Small Claims Court. Family divisions hear cases involving marriages, divorce, children and family property. The divisional court hears appeals from county courts and the magistrates’ court.
The Criminal Cases Review Commission (CCRC) was set up in March 1997 by the Criminal Appeal Act 1995.The Criminal case review commission purpose is to review possible miscarriages of justice in the criminal courts of England, and refer appropriate cases to the appeal courts. The Commission is based in Birmingham and has about 90 staff, including a core of about 50 caseworkers, supported by administrative staff. They are completely independent and unbiased and do not represent the prosecution or the defence. To improve confidence in the criminal justice system, and bring justice to those wrongly convicted, and based on their experience to contribution to reform and improvements in the law. The criminal case review should investigate cases as quickly as possible and with thoroughness and care and work constructively with our stakeholders and to the highest standards of quality. They treat applicants with civility, respect and consideration.
Civil Court:
Small claims court is a legal court to determine disputes involving small amounts of money in a quick manner. The main role and functions of a small claim court is to provide a low-cost, fast and simple way for clients to resolve disputes between themselves without having a solicitor present. They have to present the evidence and have their perception on the dispute. Then the small claim court must makes a decision based on the evidence. A small claim court deals with clients who make the following complaints on faulty goods or bad workmanship. Small businesses occasionally go before small claims courts when the size of the claim that they follow fits the court's limits. This form of trial has the lowest costs. Unfortunately it is occasionally difficult also to enforce the court's rulings. Small claims court cases are resolved by trial, arbitration, settlement, or default judgment. Claims involve consumer purchases, landlord tenant relations, unpaid obligations and bills, and other types of property disputes. The jurisdictions of a small claim court are that that the small claim hearing is administrated by the court service at the local county court. The clients can only claim £5,000 for claims that don’t involve personal injuries and up to £1,000 for reimbursement that involve personal injuries. In addition, the claim has to be adjudicated by a judge in the court and court fees can be recovered.
The high court of justice is known as the Higher Court. This Court is a combination of Court of Appeal and the Crown Court. The High Court deals with first instance with all value and high important cases and also the supervisory jurisdiction. The High Court has three divisions: Chancery, Queen’s Bench and Family. All three divisions hear appeals from other courts, as well as “first instance” cases. All three divisions have an appellate jurisdiction, which means that they hear appeals from other courts, as well as hearing “first instance” cases. The main functions of the High court of justice are to interpret and apply the law. The high court must decide cases of special central importance, including the challenges of the constitution of laws. They must hear appeals from state, civic and territory courts. The jurisdictions overlap in some cases. These cases are under one division that may be transferred by the Court order to another. The differences in the procedures is that the divisions are partially historical, derived from the separate courts which are merged into the single High Court. The High Court of Justice deals with complex and specialized cases of high value claims. If claims are over £50,000 they must be heard from the High court. Clients may bring a case to the high course if it is a defamation case, an application from a judicial review, Equity, contentious probate. They may be allowed if the law of property act 1925 processing the property of £30,000. The applicants must bring a case to the high court if their claim is excess from £15, 000 or if their personal injury claim is over 50,000. Cases that are allocated to a special list such as commercial, patents, company according to the value.
The House of Lords is the second chamber of the UK Parliament. The role of the House of Lords is to make laws and provide a forum of independence. The House of Lords area able to challenge the actions by the government. The House of Lords is known as the 'Upper House' or 'Second Chamber’. The political party which wins the most seats/places in a general election forms the Government. The government that runs the country and is formed from the political party that wins most seats in the House of Commons in a general election. The Government formulates policy and introduces legislation in Parliament. Most senior members of the government are memebers of House of Commons but, there are ministers, along with the 2 cabinet member. The House of Lords also contains many Members of Parliament who were in previous government. The House of Lords is the final court of appeal in both civil and criminal cases. As a court of appeal, it adopts decisions of its committee in which, by convention, only the Lords of Appeal in ordinary that is has high judicial office participate. In its criminal jurisdiction, the House of Lords hears appeals from the Queen’s Bench Division of the High Court and Court of Appeal. In viable cases appeals are heard from the Court of Appeal. Appeals are heard by at least three persons chosen from the Lords of Appeal in ordinary or those who have held high judicial office such as former Lord Chancellors.
The Court of Justice of the European Union enforces . In areas covered by EU law, it is the highest court in the EU, which outranks national supreme courts. Its judgements can affect both member states and individuals, and it is the referee between member states, institutions and individuals in disputes relating to EU law. The structure of the European Court of Justice sites in Luxemburg and it settles’ disputes between Member States over Community matters. Also rules on disputes between individuals and the Community institutions on matters relating to the treaties. Its rulings are binding. There are a total of 15 Judges and 8 advocates-general appointed for a six-year-term. The function of the European Court of Justice ensure that eh interpretation and application of the Treaty the law that is observed. Provides the judicial safeguards necessary to ensure that the law is observed in the interpretation and application of the Treaties and all of the activities of the Union. One of the very important tasks of the Court is to submit advance notification of interpretation of Community law. The court sits in chambers of 3 or 5 judges. The judicial panels are those that have an increasing number of cases brought before the Court of First Instance in the last five years, in order to relieve it of some of the caseload, the Treaty of Nice provides for the creation of ‘judicial panels’. That are both new, specialised courts that hear and determine specific matters.
The county court deals with non criminal matters, these court cases can occur when a business or individual believe their rights have been violated. There are three types of civil cases that the county court deals which are businesses trying to recover money that is owed to them, individuals seeking compensation for injuries and landowners seeking order against trespassers. A lot of civil cases are dealt with in the county court. County courts standard court structure. These courts function as a "middle ground" between minor and appellate courts, handling several case types in different circumstances. The county court deals with traffic and municipal ordnance violations, preliminary hearings. The purpose of the county court is for them to reach a decision whether the defendant is guilty or not of the crime for example the defendant may owe money to a businesses and the crown court may decide weather not the defendant has to pay it back or not. The jurisdiction of the county court is that all claims personal injuries and losses are irrespective of the amount claimed. County court is appeals can’t be made once the county court has decided.
The difference is the type of jurisdiction they exercise. "First instance" courts, or courts of original jurisdiction, are trial courts that determine guilt or innocence. In criminal cases, the defendant has a constitutional right to a jury trial, but may choose a bench trial. The jury are "finders of fact" who determine the credibility of witnesses and evidence, and decide whether the prosecution has proven it's case. Criminal trial courts issue guilty or not guilty verdicts (and variations thereof) on the charges under consideration.
Appeals courts have appellate influence. They only hear cases were the losing party alleges a problem occurred in the trial that could have resulted in an unfair or wrong verdict.
Appeals courts use a panel of judges (often three) in place of a jury, and do not consider trial evidence in their decision. They automatically stipulate the facts of the case being reviewed are valid, and only rule on serious procedural errors or determine whether an issue or issues in the case conflict with state/federal or constitutional law.
