common law court system

Common Law Legal SystemCourt System

Slide 1November 29, 2005

Common Law Legal System

Court System



British Court System

Note – Scottland and N. Ireland have their own court sytem. (except for immigration matters)



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).



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



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.



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



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.



Civil System

Note – Scottland and N. Ireland have their own court sytem. (except for immigration matters)



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.



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.



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

Judges in the Judicial Structure



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.



Court Hierarchy



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.



U.S. Court of Appeals



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.



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.



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.



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.



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.



Michigan



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



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



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.



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.

common law court system

Education

court of appeals court

court systemnovember

court sytem

themagistrates court

american court system

british court system

criminal court of appeals

trial court cases