Common Law Legal System                   Court SystemCommon Law Legal System                       Slide 1Court System   ...
British Court System     Note – Scottland and N. Ireland have their own court sytem. (except for immigration matters)Commo...
Criminal Justice System                          ●   Virutally all criminal cases                              start in th...
Magistrates Court●   Virtually all criminal cases    ●   Appeals on facts and law    start here.                         g...
Crown Court Hears●       Indictable-only offences such as murder, manslaughter,        rape and robbery;    ➢    Tried bef...
Court of Appeals (Criminal)●       Court of Appeals is split into criminal and civil divisions.    ➢    Court must grant p...
Supreme Court●   Decisions are binding.             ➢   First must ask permission                                         ...
Civil System     Note – Scottland and N. Ireland have their own court sytem. (except for immigration matters)Common Law Le...
County Court●       Civil Case with value under ₤50,000    ➢    High values heard in High Court●       Case heard before j...
High Court●       Functions both as court of first instance and appeals court.    ➢    From county court and magistrates (...
Court of Appeals (Civil)                          ●       Hears appeals on law only                              ➢    Note...
Judges inthe Judicial Structure
American Court System●       Consists of two separate systems    ➢    Federal & StateState●       95% of all cases are han...
Court HierarchyCommon Law Legal System                              Slide 14Court System                                No...
Federal Court System●       Article III, United States Constitution:    ➢    "The judicial Power of the United States, sha...
U.S. Court of AppealsCommon Law Legal System                           Slide 16Court System                             No...
U.S. Federal Courts●       Same system for both civil and criminal cases.●       District Court is trial court    ➢     ca...
Federal District Court●       Cases are heard before jury and/or one judge.●       There are also two special courts at th...
Federal Court of Appeals●   13 circuits including D.C. & Federal Circuit●   Appeal here is a matter of right.●   Court wil...
U.S. Supreme Court●   9 justices appointed for life,   ●   Law of the Land!    selected by President.           ●   Can he...
State Court System●       Generally, same three tier system as federal    ➢    Some states have four tiers    ➢    Names o...
MichiganCommon Law Legal System                       Slide 22Court System                         November 29, 2005
District Court●   Civil cases involving $25,000 or less●   Traffic violations●   Trials of adult crimes punishable by a ma...
Circuit Court (County Court)●   Trial of adult crimes punishable by more than 1 year in    prison (Felonies)●   Civil suit...
Court of Appeals●   Right to appeal from Circuit Court decisions●   Courts only look at issues of law.●   Hears both civil...
Michigan Supreme Court●   Seven justices elected for   ●   Only decisions concerning    six-year terms.                  f...
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Common Law Court System

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Common Law Court System

  1. 1. Common Law Legal System Court SystemCommon Law Legal System Slide 1Court System November 29, 2005
  2. 2. British Court System Note – Scottland and N. Ireland have their own court sytem. (except for immigration matters)Common Law Legal System Slide 2Court System November 29, 2005
  3. 3. 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).Common Law Legal System Slide 3Court System November 29, 2005
  4. 4. Magistrates Court● Virtually all criminal cases ● Appeals on facts and law start here. go to Crown Court.● Over 95% are dealth with ● Appeals on law only go to here. Queen Bench.● Deal with less serious ● Six months is the max offences. sentence given● Serious offences are sent to Crown Court.● Justices of the Peace or District Judge Common Law Legal System Slide 4 Court System November 29, 2005
  5. 5. 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. Common Law Legal System Slide 5 Court System November 29, 2005
  6. 6. 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 Common Law Legal System Slide 6 Court System November 29, 2005
  7. 7. Supreme Court● Decisions are binding. ➢ First must ask permission from Court of Appeal. If● Court only looks at “points denied, can ask for “leave” of law of public interest.” 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. Common Law Legal System Slide 7 Court System November 29, 2005
  8. 8. Civil System Note – Scottland and N. Ireland have their own court sytem. (except for immigration matters)Common Law Legal System Slide 8Court System November 29, 2005
  9. 9. 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. Common Law Legal System Slide 9 Court System November 29, 2005
  10. 10. 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. Common Law Legal System Slide 10 Court System November 29, 2005
  11. 11. 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 courtsRoyal Court of Justice ● Important matters of law MAY be granted appeal by the Supreme Court.Common Law Legal System Slide 11Court System November 29, 2005
  12. 12. Judges inthe Judicial Structure
  13. 13. 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. Common Law Legal System Slide 13 Court System November 29, 2005
  14. 14. Court HierarchyCommon Law Legal System Slide 14Court System November 29, 2005
  15. 15. 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. Common Law Legal System Slide 15 Court System November 29, 2005
  16. 16. U.S. Court of AppealsCommon Law Legal System Slide 16Court System November 29, 2005
  17. 17. 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. Common Law Legal System Slide 17 Court System November 29, 2005
  18. 18. 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 intl 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 its circuit and Supreme Court. Common Law Legal System Slide 18 Court System November 29, 2005
  19. 19. 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 (1 st 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. Common Law Legal System Slide 19 Court System November 29, 2005
  20. 20. U.S. Supreme Court● 9 justices appointed for life, ● Law of the Land! selected by President. ● Can hear appeals from● Hearing is before entire state courts if U.S. panel. Constitutional or federal law issue is involved.● 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. Common Law Legal System Slide 20 Court System November 29, 2005
  21. 21. 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. Common Law Legal System Slide 21 Court System November 29, 2005
  22. 22. MichiganCommon Law Legal System Slide 22Court System November 29, 2005
  23. 23. 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 Common Law Legal System Slide 23 Court System November 29, 2005
  24. 24. 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 Common Law Legal System Slide 24 Court System November 29, 2005
  25. 25. 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. Common Law Legal System Slide 25 Court System November 29, 2005
  26. 26. Michigan Supreme Court● Seven justices elected for ● Only decisions concerning six-year terms. federal law can be reviewed by the U.S.● All cases are heard before Supreme Court. entire bench.● Must get leave for appeal to be heard.● Decisions are binding on all lower Michigan courts. Common Law Legal System Slide 26 Court System November 29, 2005
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