| Unit 2: The Legal System Within The UK |
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2.1 The Courts When looking at the courts, the differences between civil and criminal disputes need to be explained. Disputes heard before civil courts are between the citizen and the state or between private citizens. In terms of environmental law, this could be related to property rights, the wrongful exercise of public powers or a tort (a civil wrong that could possible lead to an action for damages). Accusations in civil courts relate to a breach in criminal law. In such law, a distinction is made between indictable offences and summary offences. Summary offences are usually less serious than indictable, and are heard before magistrates in magistrates court without a jury. Indictable offences are more serious and are tried in Crown Court with a jury, although some of the less serious offences of this nature may be tried before a magistrates court. In civil cases, with a first instance jurisdiction, the courts involved are the High and county courts. The more serious cases are heard within the High Court. All appeals deriving from the High Court have a tendency towards the Court of Appeal (civil division) and then to the House of Lords. Less serious cases are heard in the county courts with subsequent appeals going to the Court of Appeal and then onto the House of Lords.
There are major differences between civil and criminal law, yet no clear differences
between criminal and civil law. Jurisdiction is exercised over criminal and civil cases
by most of the courts. |