Common Law Court System
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Transcript of Common Law Court System
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Common Law Legal SystemCourt System
Slide 1November 29, 2005
Common Law Legal System
Court System
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Common Law Legal SystemCourt System
Slide 2November 29, 2005
British Court System
Note – Scottland and N. Ireland have their own court sytem. (except for immigration matters)
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Common Law Legal SystemCourt System
Slide 3November 29, 2005
Criminal Justice System
● Virutally all criminal cases start in the Magistrates' Court.
● The Crown Court usually hears appeals from the Magistrates' Court.
● Crown Court has original jurisdiction for indictable offenses (serious offenses).
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Common Law Legal SystemCourt System
Slide 4November 29, 2005
Magistrates' Court
● Virtually all criminal cases start here.
● Over 95% are dealth with here.
● Deal with less serious offences.
● Serious offences are sent to Crown Court.
● Justices of the Peace or District Judge
● Appeals on facts and law go to Crown Court.
● Appeals on law only go to Queen Bench.
● Six months is the max sentence given
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Common Law Legal SystemCourt System
Slide 5November 29, 2005
Crown Court Hears
● Indictable-only offences such as murder, manslaughter, rape and robbery;
➢ Tried before Crown Court Judge and Jury
● Either-way offences transferred from the Magistrates’ Court;
● Appeals from the Magistrates’ Court;➢ Tried before 2-4 judges.➢ Rehearing of case (facts and law)
● Sentencing decisions transferred from the Magistrates’ Court.
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Common Law Legal SystemCourt System
Slide 6November 29, 2005
Court of Appeals (Criminal)
● Court of Appeals is split into criminal and civil divisions.➢ Court must grant permission for appeal to be heard.
● Court can look:➢ Point of fact, Point of law, Mixed
● Appeal can also reach court via Criminal Court Review Commission.
➢ Courts below are bound by decisions.● Judges are called Lord Justices of Appeal
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Common Law Legal SystemCourt System
Slide 7November 29, 2005
Supreme Court
● Decisions are binding.
● Court only looks at “points of law of public interest.”
➢ First must ask permission from Court of Appeal. If denied, can ask for “leave” from Supreme Court.
➢ Court cannot review appeal hearing denial made by Court of Appeals.
➢ Case are heard before panels of anywhere from 3 to 9 Justices.
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Common Law Legal SystemCourt System
Slide 8November 29, 2005
Civil System
Note – Scottland and N. Ireland have their own court sytem. (except for immigration matters)
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Common Law Legal SystemCourt System
Slide 9November 29, 2005
County Court
● Civil Case with value under ₤50,000➢ High values heard in High Court
● Case heard before judge➢ civil cases generally do not have juries
● Many judges are part-time
● Civil cases include:➢ Claims for debt, personal injury, breach of contract
concerning goods or property, family issues such as divorce or adoption and repossession of houses.
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Common Law Legal SystemCourt System
Slide 10November 29, 2005
High Court
● Functions both as court of first instance and appeals court.➢ From county court and magistrates' (Queens Bench & Family)
● Consists of Three Divisions➢ Queens Bench - contract law, tort law, commercial law, and
admiralty – some criminal➢ Family - divorce and similar family matters➢ Chancery - equities and trusts, wills, companies and issues
relating to patents.● Judges informally knows as “High Court Judge”
➢ Decisions are binding on lower courts.
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Common Law Legal SystemCourt System
Slide 11November 29, 2005
Court of Appeals (Civil)
● Hears appeals on law only➢ Note difference from criminal
cases.● Must be granted leave to get
hearing
● Decisions are binding on lower courts
● Important matters of law MAY be granted appeal by the Supreme Court.
Royal Court of Justice
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Judges in the Judicial Structure
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Common Law Legal SystemCourt System
Slide 13November 29, 2005
American Court System
● Consists of two separate systems➢ Federal & StateState
● 95% of all cases are handled in state courts
● Basically, the U.S. courts are divided into three layers:➢ trial courts, where cases start;➢ intermediate (appellate) courts, where most appeals are first
heard; and➢ courts of last resort (usually called supreme courts), which
hear further appeals and have final authority in the cases they hear.
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Common Law Legal SystemCourt System
Slide 14November 29, 2005
Court Hierarchy
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Common Law Legal SystemCourt System
Slide 15November 29, 2005
Federal Court System
● Article III, United States Constitution:➢ "The judicial Power of the United States, shall be vested in
one supreme Court, and in such inferior Courts as the Congress may from time to time ordain and establish."
● Thus, Congress has control over creation and jurisdiction of lower federal courts.
● Higher court decisions are binding on lower courts.
● Federal system is divided into 13 circuits.➢ Within each are several district courts and an appeals court.
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Common Law Legal SystemCourt System
Slide 16November 29, 2005
U.S. Court of Appeals
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Common Law Legal SystemCourt System
Slide 17November 29, 2005
U.S. Federal Courts
● Same system for both civil and criminal cases.
● District Court is trial court➢ cases start here.➢ fact finding is done here.
● Appeal as of right to Court of Appeals➢ Court generally only looks at legal issues, not facts.
● Leave must be granted to get hearing in Supreme Court.➢ Normally if serious legal question or split in circuits.
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Common Law Legal SystemCourt System
Slide 18November 29, 2005
Federal District Court
● Cases are heard before jury and/or one judge.
● There are also two special courts at this level:➢ International Court of Trade – cases involving int'l trade and
customs issues.➢ Court of Claims – hears civil claims against U.S.
● Role of Magistrates
● We will talk about the jurisdiction of these courts next week.
● Court is bound by decisions of Appeals court for it's circuit and Supreme Court.
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Common Law Legal SystemCourt System
Slide 19November 29, 2005
Federal Court of Appeals
● 13 circuits including D.C. & Federal Circuit
● Appeal here is a matter of right.
● Court will only look at legal issues, not facts.
● Hearing is before a randomly selected three judge panel.
● Number of judges in each circuit ranges from 6 (1st Circuit) to 28 (9th Circuit).
● A decision by a judge panel can be reviewed by full panel (called en banc).
● Bound by decisions of Supreme Court only.
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Common Law Legal SystemCourt System
Slide 20November 29, 2005
U.S. Supreme Court
● 9 justices appointed for life, selected by President.
● Hearing is before entire panel.
● 4 justices must agree to hear a case before an appeal is granted.
● Court is not bound by past decisions, although they are given great weight.
● Law of the Land!
● Can hear appeals from state courts if U.S. Constitutional or federal law issue is involved.
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Common Law Legal SystemCourt System
Slide 21November 29, 2005
State Court System
● Generally, same three tier system as federal➢ Some states have four tiers➢ Names of the courts vary from state to state
● Courts hear both criminal and civil cases.
● State system is separate and distinct from federal
● U.S. Supreme court can review state decisions that are based on federal law.
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Common Law Legal SystemCourt System
Slide 22November 29, 2005
Michigan
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Common Law Legal SystemCourt System
Slide 23November 29, 2005
District Court
● Civil cases involving $25,000 or less
● Traffic violations
● Trials of adult crimes punishable by a maximum sentence of 1 year in jail (Misdemeanors)
● Initial proceedings in all other criminal cases
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Common Law Legal SystemCourt System
Slide 24November 29, 2005
Circuit Court (County Court)
● Trial of adult crimes punishable by more than 1 year in prison (Felonies)
● Civil suits involving more than $25,000
● Certain appeals from district and probate courts, and from administrative agency tribunals.
● Family law cases
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Common Law Legal SystemCourt System
Slide 25November 29, 2005
Court of Appeals
● Right to appeal from Circuit Court decisions
● Courts only look at issues of law.
● Hears both civil and criminal appeals.
● Hearing is before a judge panel.
● Court is bound by decisions of the Michigan Supreme Court.
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Common Law Legal SystemCourt System
Slide 26November 29, 2005
Michigan Supreme Court
● Seven justices elected for six-year terms.
● All cases are heard before entire bench.
● Must get leave for appeal to be heard.
● Decisions are binding on all lower Michigan courts.
● Only decisions concerning federal law can be reviewed by the U.S. Supreme Court.