1. The English legal system
Class 1
pages 2 – 5

2. Terminology English law = the law of England and Wales
Scotland has a different legal system: Scots law
Great Britain (adj. British) – England, Wales, Scotland
the United Kingdom –England, Wales, Scotland and Northern Ireland
To begin, lets look at the terminology.
Usually when we say English it means something associated with England, but in law that’s not the case – English law is the law of England and Wales.
Scotland has a different legal system: Scots law, As you know Scotland was an independent country during hundreds of years and during that time it developed its own system which was influenced by continental Roman law. Today Scotland has a hybrid (mixed) system containing elements of civil law and elements of common law.
Most of what we’ll study this semester is related to England and Wales, but sometimes we’ll talk about the situation in Britain or the UK. Don’t mix them up.
DRAW ATTENTION TO TEXT:
Great Britain (adj. British) – England, Wales, Scotland
the United Kingdom – same plus Northern Ireland

3. Criminal or Civil? Case vocabulary
In the first part I will quickly summarise the main differences between civil and criminal cases, and highlight the differences in vocabulary used to talk about them.
Case vocabulary

4. Criminal proceedings (R. v ….)
Involve crimes
The Crown Prosecution Service (CPS) prosecutes the suspect.
The prosecutor must prove the guilt of the accused “beyond reasonable doubt”.
If the defendant is convicted, he will be sentenced by the judge.
Involve crimes –infractions of criminal law, even somthing like a minor theft is a crime
These are acts that the state condemns and will punish because they threaten public safety and order.
Criminal proceedings are initiated by the state.
The Crown Prosecution Service (the C.P.S.) prosecutes the suspect.
The prosecutor, must prove the guilt of the accused (=defendant) “beyond reasonable doubt”, (= with near-certainty).
If he is found guilty (=is convicted) or pleads guilty, he will be punished (=sentenced) by the judge. –
What kinds of punishments? A fine, community punishment / a community sentence, probation, prison sentence
Because criminal prosecutions are brought by the state, they are brought in the name of the Crown, and cases are reported in the form Regina v …………… (usually abbreviated to R v …….). = AGAINST

5. Civil proceedings (Smith v Jones)
A claimant sues another party, who he believes has committed a civil wrong against him.
He must prove the defendant’s liability on the “balance of probabilities”
If the defendant is liable the court will award a civil remedy.
Civil law governs the relationships between individuals. Its purpose is to settle disputes between individuals or companies.
A civil case starts not with a crime, but with a civil wrong.
A claimant sues (= brings a claim against) another party, who he believes has committed a civil wrong against him.
He must prove the defendant’s liability on the “balance of probabilities”, (=“more likely than not”).
If the defendant is liable (= if there is a judgment for the claimant) the court will award a civil remedy
Types of civil remedy? (= damages = financial compensation) or an equitable remedy e.g. injunction or specific performance.
Civil actions are referred to by the names of the parties involved in the dispute, for example Smith v Jones.= AND

6. A crime or a civil wrong?
So we’ve seen that crimes and civil wrongs are dealt with in different courts using different types of proceedings.
But how do we know if something is a crime or a civil wrong?
Sue is using her mobile phone while driving, and she hits John on his bike. He has a broken leg.
Is it a crime or a civil wrong?
Both Sue may face both
a criminal prosecution
a civil action from the injured party for damages
Not widespread for criminal cases, because courts can order compensation, and often criminals have no money. BUT sometimes seen when someone found NG of criminal offence they can be sued in civil courts.
eg Brink’s-Mat Gold Bullion Robbey (1983) – biggest gold bullion robbery – defendant Anthony White acquitted in criminal case in 1983 but found liable in 1995 civil case and ordered to pay over 20 million pounds to company.
So in one sense, the difference between a crime and a civil wrong is the legal consequences which may follow. If it can be prosecuted it’s a crime, if you can sue someone for it, it’s a civil wrong.
Nonetheless, not all acts which are civil wrongs are also crimes – there is also a wider distinction – articulate?.
crimes are acts which harm wider society, or which involve an interference with fundamental rights of the victim, and so which require society’s punishment
civil wrongs are private wrongs – the courts ail is not to punish the defendant, but only to put the claimant back in the situation he was in before the wrong was committed

7. Courts
Civil
As well as requiring different terminology, civil and criminal cases are dealt with in different courts, using different types of proceedings.
In English law, we traditionally talk about criminal courts and civil courts, although there is some overlap. In recent years, the giv has also established family courts, to dela specifically with family law issues.
Criminal

8. This is a diagram showing the court system in England and Wales.
We will look at the different courts in more detail in later classes, today the aim is to get an overview of the system.
MARK IN COLOURS ON OHP
Less serious criminal cases are heard in the Magistrates’ Courts – trial courts = courts of original jurisdiction.
More serious criminal cases are heard in the Crown Court – one in most big towns. Trial courts – courts of original jurisdiction. They also hear appeals from the Mags Court.Have appellate jurisdiction.
In some very rare situations, appeals from the MC go to the High Court BUT rare
Appeals from the Crown Court lie to the Criminal Division of the Court of Appeal. Only has appellate jurisdiction.
Appeals from the Criminal Division of the Court of Appeal lie to the UK SC. Only has appellate jurisdiction
Civil cases – Look at in more detail next week
simple and low-value civil cases are heard in the County Court.
Complex or high value civil cases are usually heard in the High Court – this is acourt with 3 divisions, and complex civil cases are heard in the Chancery Division or the Queen’s Bench Division.
The High Court also hears appeals from the County Court.
Appeals from the High Court go to the Court of Appeal, Civil Division. Occasionally, cases go direct from High Court to UKSC – leapfrog appeal
Appeals from the Court of Appeal Civil Division go to the USSC.
Since 2014, there has also been a Family Court, which hears most family cases.Appeals from the family court go to the family division of the High Court, and from there to the court of appeal civil division and the UK Supreme Court.

9. Tribunals Tribunals: exist alongside the main courts
deal with specific areas of law (e.g. employment, immigration or benefits)
resolve disputes between individuals and government departments/agencies or between employers and employees
There are also Tribunals: exist alongside the main courts and supplement their work. resolve disputes between individuals and government departments/agencies or between employers and employees.

10. The UK Supreme Court Created by the Constitutional Reform Act (2005)
It hears appeals
on points of law of public or constitutional importance
in all UK civil and criminal cases except Scottish criminal cases.
It can also hear devolution matters.
It is at the apex (=the top) of the UK legal system is the UKSC
Created by Tony Blair in the Constitutional Reform Act (2005)
It hears appeals
on points of law of public or constitutional importance
in all UK civil and criminal cases except Scottish criminal cases.
It can also hear devolution matters. .
Appeals are not automatic – litigants must be granted leave to appeal (=permission) by a lwoer court or the UKSC.

11. U.K. Supreme Court Justices
12 justices selected by an independent committee.
The court is headed by a President and a Deputy President.
There are 12 justices who sit on the SC (stress vocab)
They who are selected/ nominated by an independent committee which consults very widely within the legal community, then approved by the Lord Chancellor and finally formally appointed by the Queen (on the advice of the PM).
The justices are all former barristers or solicitors – Former = ancien
you know thart in the UK, it is not possible to become a judge at the start of a legal career, but only after practicing as a lawyer for a number of years
Justice have almost always held high judicial office before being appointed to the SC
Sit in panels, not all together
The court is headed by a President (Baroness Hale) and a Deputy President (different to US terms).
Usually wear business dress in court, only wear those robes for ceremonial occasions

12. Decisions The Court can allow or dismiss appeals.
The Court may depart from (=overrule) its own precedents
Any justice may concur with or dissent from the majority decision.
It cannot overrule primary legislation
The Court can allow or dismiss appeals.
allow = rule in favour of the appellant, reverse the decision of the lower court
dismiss = rule in favour of the respondent, affirm the decision of the lower court
The Court may depart from (=overrule) its own precedents (though this is rare)
Any justice may concur with (=agree with the decision for different reasons) or dissent from (disagree with) the majority decision.
But there is something that it cannot do, which the US Supreme Court can? It cannot overrule primary legislation
Less powerful than US Sc
Less politically aligned than US SC
Justices are less well-known that US SC justices – they are not yet « celebrities » in the way that US SC are – that is slowly changing.

13. Other courts European Court of Justice European Court of Human Rights
European Court of Justice (EU law)
The European Court of Justice adjudicates on European Union law and its decisions are binding on British Courts (by virtue of the European Communities Act 1972) – until the Uk leaves the EU at least.
European Court of Human Rights whose decisions are binding on the UK
An individual who believes that he has suffered from a violation of the provisions of the European Convention on Human Rights, and who is not satisfied with the determinations of the domestic courts, can complain to the European Court of Human Rights. The Government is obliged under international law to respect this court’s decisions.