Hierarchy of the Court system- Law

Topics: Law, Judge, Criminal law Pages: 5 (1845 words) Published: January 3, 2014
Hierarchy of the Court System
Civil Case
Mr Van Persie (Robin Van Persie- Manchester United and Holland Footballer) I am aware that you are in need of some legal help regarding a dispute that you have with The Sun newspaper. I am more than willing to help you win this case and make sure that justice will be served to you. Before I fight this case I will need to explain to you what the case will be based on, what may happen and I will also consult you about the different types of legal personnel you may come across. I believe that The Sun had published an article that you had been fined £9,000 by Manchester United for using your mobile phone during training and you have told me from our chat previously that you feel distressed and utterly offended that such profound lies would be published; especially regarding your professional life which can lead to the implication that people perceive footballers as unprofessional and lazy therefore we are going to sue The Sun under the Defamation Act. This is a civil case not a criminal case so the likely outcome is that if we win the case, then The Sun would have to pay you damages which would be an undisclosed amount for a libel- which is defined in legal terms as a published false statement that is damaging to a person's reputation. It may then lead to them publishing an article of apology directly to you. The court most appropriate for this case is the High Court which has three divisions; Queen’s Bench, Chancery and Family. The reason that this case will not be referred to the County Court, because it is often known as the small claims court as it deals with cases for small amounts between companies or people who believe that someone owes the other money and there is usually no need for a solicitor as the cases are generally straight forward. In the High Court, the division that our case is under the jurisdiction of is The Queen’s Bench Division who deal with disputes of defamation, land or contracts. On the other hand the Chancery division deals with property and business related disputes, patents claims, company claims, probate claims and appeals to the High Court, Chancery Division from the lower court. The Family Division of the High Court in contrast, deals with all matrimonial matters, the Children Act 1989 and the Child Abduction and Custody Act 1985. It also deals with matters relating to Part IV Family Law Act 1996(Family Homes and Domestic Violence), Adoption Section Inheritance Act 1975 applications and Probate and Court of Protection work. However, if we are unsuccessful in winning the case then you have a right of appeal to the Civil Division in the Court Of Appeal which hears cases from the High Court. That is the final step as the UK Supreme Court only deals with cases of the greatest public or constitutional importance affecting the whole population. There are some cases but not applicable to civil cases but mostly criminal which need the European Court of Justice to intervene. The difference between a first instance court and an appeal court is that first instance courts are trial courts that determine guilt or innocence and an appeal court is used if the losing side alleges a problem occurred in the trial that could have resulted in an unfair or wrong verdict. However, all courts need someone to preside over court proceedings and to ensure both parties receive a fair trial and that person is known as the judge. The judge makes sure that the rules of the court are being followed but their biggest role is to interpret and apply the law correctly since they are experts on the law therefore they act as a source of knowledge and can give advice to juries on interpreting the law. The judges interpret statute law laid down by Parliament and they interpret it to certain extents. However, judges also do wider activities that branch into other parts of government such as not only interpreting and applying the law but in certain cases they can ‘make’ law which is known as...
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