问题:Describe the structure and functions of the main civil courts in the English legal system, including the Supreme Court.
答案:The civil court structure in ascending order of authority is as follows:
Magistrates’ courts
Magistrates’ courts have a signifi cant, if limited, civil jurisdiction. They hear family proceedings and in such cases the court is referred to as a ‘family proceedings court’. More generally, magistrates’ courts have powers of recovery in relation to the council tax arrears and charges for water, gas and electricity. They also hear appeals against refusal by local authorities to grant licences for selling liquor in their area. Importantly the magistrates’ courts have no jurisdiction over claims in contract or tort.
County courts
The network of county courts was introduced in 1846 to provide for local adjudication of relatively small-scale litigation. There are currently 243 county courts. The county court jurisdiction extends to probate, property cases, tort, contract, bankruptcy, and insolvency.
Of particular importance with regard to the county court is the provision of a small claims procedure operated under its auspices.
This procedure essentially allows for an arbitration hearing to be conducted by a district judge in most cases involving claims of no more than ?5,000. This small claims procedure is designed to be quicker, less formal and less expensive than a county court hearing.
The High Court of Justice
The High Court has three administrative divisions: the Court of Chancery, the Queen’s Bench Division and the Family Division.
The Queen’s Bench Division
This is the main common law court and is the division with the largest workload. It has some criminal jurisdiction and appellate jurisdiction, but its main jurisdiction is civil concerning contract and tort cases.
The Queen’s Bench Divisional Court
This court, as distinct from the Queen’s Bench Division, exercises appellate jurisdiction on a point of law by way of case stated from magistrates’ courts, tribunals and the Crown Court. It also exercises the power of judicial review of the decisions made by governmental and public authorities, inferior courts and tribunals.
The Chancery Division
The jurisdiction of the Chancery Division includes matters relating to: the sale or partition of land and the raising of charges on land; mortgages; trusts; the administration of the estates of the dead; contentious probate business, such as the validity and interpretation of wills; copyright, company law, partnership and revenue law; and insolvency.
Chancery Divisional Court
Comprising one or two Chancery judges, this appellate court hears appeals from the Commissioners of Inland Revenue on income tax cases, and from county courts on certain matters like bankruptcy.
The Family Division
The Family Division of the High Court deals with all matrimonial matters both fi rst instance and on appeal. Amongst other matters, it deals with issues relating to minors, legitimacy, adoption, and proceedings involving domestic violence.
The Family Divisional Court
The Family Divisional Court, consisting of two High Court judges, hears appeals from decisions of magistrates’ courts and county courts in family matters.
The Court of Appeal (Civil Division)
The Court of Appeal was established by the Judicature Act 1873. The court hears appeals from the three divisions of the High Court; the divisional courts; the county courts; the Employment Appeal Tribunal; the Lands Tribunal and the Transport Tribunal. The most senior judge is the Master of the Rolls. Usually, three judges will sit to hear an appeal although for very important cases fi ve may sit.
The Supreme Court
The Supreme Court, which came into operation in the autumn of 2009, is the highest court within the English civil system. It replaces the House of Lords as the highest judicial forum and exercises all of that court’s functions. It was felt that the previous location of the highest court in the land in the legislature was contrary to the separation of powers and consequently the members of the Supreme Court no longer sit in the House of Lords. It consists of 12 justices and hears appeals on the most important legal issues.
高顿网校温馨提醒
各位考生,2015年ACCA备考已经开始,为了方便各位学员能更加系统地掌握考试大纲的重点知识,帮助大家充分备考,体验实战,高顿网校开通了全免费的
ACCA题库(包括精题真题和全真模考系统),题库里附有详细的答案解析,学员可以通过多种题型加强练习。
戳这里进入ACCA免费题库>>>