309757
Description
Mind Map by anna_lewis_93, updated more than 1 year ago
|
Created by anna_lewis_93
over 10 years ago
|
|
Lecture 2
- The structure and jurisdiction of the courts in the english legal system
- General Principles
- 1) her majestrys court
service (hmcs)
- 2) Principle of heirachy (see
diagram). superior/ inferior courts
- Nature of Jurisdiction
- civil?
- Criminal?
- Some courts can only
deal with either civil or
criminal
- civil?
- type of case
- trial
- Hearing
- trial
- Original Jurisdiction
- Court of first
instance or
appellate court
- Court of first
instance or
appellate court
- 1) her majestrys court
service (hmcs)
- ECJ (European court of justice)
- Sits in Luxtonberge
- Composition
- 1) currently
27 (28) judges
+ 8 advocates
general
- 2) has a full chamber of 13
judges giving a better
representation
- 3) General court : panels of 3/5
- 1) currently
27 (28) judges
+ 8 advocates
general
- BRITISH JUDGE IS KONRAN SCHIEMMAN!!!
- Jurisdiction
- 1) EC was first created on Jan 1st 1973
- EU law joined UK law
- EU law joined UK law
- 2) BUT European
treateys created in
1937
- Created for trade and
protection purposes -
Protection of coal and
steel after WW2
- Created for trade and
protection purposes -
Protection of coal and
steel after WW2
- 3) ECJ was created for civil law but recently
it will now deal with criminal issues (2 main
issues)
- Extradition (terrorism)
- Emissions/ enviromental crimes
- Extradition (terrorism)
- 4) Inquisitional proceedings
- Are very different to the way our law/ courts run. They
have an enquirer who will listen to the evidence and then
choose what weight he/ she wants to give it
- Systems are now joining/ becoming more alike
- Systems are now joining/ becoming more alike
- Are very different to the way our law/ courts run. They
have an enquirer who will listen to the evidence and then
choose what weight he/ she wants to give it
- It is NOT an appeal court
- 1) EC was first created on Jan 1st 1973
- Function
- 1) it ensures that
community law is applied -
direct action
- members of
states fulfill
obligation
- Determines
disputes
- Institutions
act lawfully
- members of
states fulfill
obligation
- 2) 70 judgements in 1970 - 2,463
judgements in 2010 > work load
has increased massively
- 3) between
2007 and
2011 CT
lodged 23
cases
against UK
and 69
against italy
- 4) can override SC
our highest court
decisions where
inconsitant with
national law
- E.g R v SS transport ex parte factortame 1991
- E.g R v SS transport ex parte factortame 1991
- 5) European law will ALWAYS take priority
- 1) it ensures that
community law is applied -
direct action
- Sits in Luxtonberge
- ECHR (European court of human rights)
- sits in Stragsberge
- sits in Stragsberge
- The supreme court of the UK
Want to create your own Mind Maps for free with GoConqr? Learn more.