Civil & Criminal Court Hierarchy

Download as docx, pdf, or txt
Download as docx, pdf, or txt
You are on page 1of 1

1. Explain the Civil Court Hierarchy?

(4m)

Civil court exists in order to resolve disputes between private citizens or between a citizen and the
state. Civil Court starts primarily with the County court which is a first instance court and deals with
mainly small track claims. Then High Court which is a Court of first instance it is broken up into three
divisions as the Family, Chancery and Queens Bench Division. Then the case moves onto the Court of
Appeal (Civil Division) which is an appellate court and lastly the Supreme Court which is final court of
appeal.

2. Explain the Criminal Court Hierarchy? (4m)

Criminal courts exist in order to hear and determine cases in which people are accused of breaking
the criminal law. It starts primarily at the Magistrates court which is Criminal court of first instance
and cases are heard by judges. Then the Crown court which is a Criminal court of first instance cases
once appealed from the Crown court move on the High court and then the Court of Appeal (Criminal
Division) which is an appellate court and lastly the Supreme court which the highest court in the UK
law and decisions are final and can not be appealed.

3. State 4 distinctions between the Civil and Criminal justice system? (8m)

Civil court exists in order to resolve disputes between private citizens or between a citizen and the
state and Criminal courts exist in order to hear and determine cases in which people are accused of
breaking the criminal law. There are primarily a few key differences between the civil and criminal
systems one being the objective for as in the Civil court the main purpose is redress where as in the
Criminal court the main purpose is punishments for the actions of the defendant. The decision
maker is another difference as civil case are primarily decided by judges and magistrates and only
rarely by a jury. But on the other hand, in criminal cases the decision will be made by magistrates for
summary offences and by juries for indicatable offences. The type of penalty imposed by the court
systems are different as the Civil court when a decision has been made and the defendant has been
found liable the remedy awarded by the court for the successful claimant is mostly financial
compensation or an injunction or declaration. Lastly in Civil cases the court proceedings are will be
started by the person who has suffered wrong ‘the claimant’ who brings the case against the
defendant. In Criminal cases the court proceedings are started by the prosecution who brings the
case against the defendant ‘beyond reasonable doubt’. The standard of proof is more demanding in
criminal cases because of the seriousness of the penalty and because of the stigma involved in a
criminal conviction.

4. Explain the jurisdiction of two courts of first instance in the Civil Court Hierarchy? (6m)

5. Explain the jurisdiction of two appeal courts in the civil court Hierarchy? (6m)

You might also like