Sunday, July 28, 2019
The Hierarchical Structure of The Court System in England and Wales Essay
The Hierarchical Structure of The Court System in England and Wales - Essay Example The Civil Division of the Court of Appeal handles any appeals about decisions taken by the High Court. The subcategory of Chancery Division, Companies Court handles cases about business swindles, company disagreements, bankruptcy, organizational administration and disentitlement of directors. Patents Courts, second subcategory of Chancery Division handles cases about scholarly possessions, copyrights, government grants and trademarks. The Divisional Court, the third subpart of Chancery Division handles cases about ââ¬Ëequity and trustsââ¬â¢, ââ¬Ëcontroversial probatesââ¬â¢, ââ¬Ëtax partnershipsââ¬â¢ and liquidation (Jones, 2011). The Family Division handles cases about marital issues like guardianship of children, family, espousal, parental accommodation, domestic sadism, breakage of relationships, and termination of marital agreements, divorces, and medical handling situations (Elliot & Thomas 2011). The Queenââ¬â¢s Bench Division is divided into Administrative Court, Admiralty Court, Commercial Court, Mercantile Court, and Technology and Construction Court. The Administrative Court is responsible for hearing the legal reassessments, legislative cases and claims, and claims that come under the category of cases according to ââ¬ËDrug Trafficking Act 1984ââ¬â¢ and the ââ¬ËCriminal Justice Act 1988ââ¬â¢. The Administrative Court also supervises the courts and tribunals inferior to it about legitimized decisions. It also supports localized establishments, ââ¬ËMinistries of the Crownââ¬â¢ and public authorities in legal decision-making (Elliot & Thomas 2011). The Admiralty Court is responsible for handling disagreements related to nautical and shipment issues such as accidents, rescue, transportation of... This essay mostly focuses on the analysis of the hierarchal structure of court system of England and Wales, that can be noticed today as divided into five levels. Supreme Court also called previously as House of Lords and Judicial Committee of the Privy Council are at first level, Court of Appeal is on the second level, High Court on third, Crown Court and County Courts on four and Magistratesââ¬â¢ Courts and Tribunals Services are at fifth level. The researcher then concludes that the court system in England and Wales is divided into certain levels starting from Supreme Court to the Tribunals and Magistratesââ¬â¢ Courts. The researcher then discusses each level and provides recommendations as to how to understand and differentiate each one. Supreme Court is the highest most court of the court system. Judicial Committee of the Privy Council is also of top level. The second in hierarchy is the Court of Appeal followed by Criminal and Civil Divisions. Magistratesââ¬â¢ Courts a nd Tribunals that are at the last level of hierarchy of court system follow Crown Court and County Courts at forth level. The decisions from lower courts can be appealed in the higher courts. However, the binding precedent cannot be appealed as it is a decision that is taken by a higher court and can be reused if the judges find a similar case with similar issues and facts. If a judge at a lower level of court system does not follow the binding precedent in giving a decision, the case can be appealed at a higher level.
Subscribe to:
Post Comments (Atom)
No comments:
Post a Comment
Note: Only a member of this blog may post a comment.