Hierarchy of the Court system- Law

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 common law which is built upon from previous judges in previous cases. Also, judges sometimes chair public inquiries and commissions because they are renowned for being independent and impartial and the structure is similar to court and they may have quasi-judicial character. However, they are criticised to being too close to Parliament and some politicians might try and influence them and undermine their impartiality because they can be accused of favouring a certain political ideology .
Relating our case, (which is a civil case), the role of a judge is different to a civil case. Traditionally, in civil cases there is no jury to decide the facts of the case but our case (being a libel case) is one of the few exceptions to have a civil case. The judge has to listen to listen to the evidence, arguments from both parties and make a decision: they have to also ensure that they help to settle the case, encourage cooperation between the two parties, control the way the case is handled. Also, since legal fees are rising they also suggest other ways of solving the problem behind the case but our case involves you, who is a publicly known international sports star who is a role model to many people this is not a significant issue.
In the court, you will need a legal representative who is known as a lawyer. There are two types of lawyers: a solicitor and barrister but in our case a solicitor is needed as they are legal professionals who advise clients about the law and they act on behalf of clients in legal matters. In civil matters, they represent their clients at most interlocutory hearings which are hearings before trial. A solicitors’ work is mostly office based but they also undertake advocacy and can instruct a barrister to represent them. Solicitors are the general practitioners of the legal field and they carry out various legal jobs for their clients such as helping to buy and sell property, personal injury, immigration, wills and probate issues or matrimonial problems such as divorce. Barristers however differ from solicitors since barristers cannot form partnerships: the main role of a barrister is to give specialist legal advice and represent people in court. Although solicitors can work for a company most barristers are usually self employed but there is an increase in barristers who are employed by large organisations and they can now work for firms of solicitors. In higher courts, barristers will be employed whereas solicitors’ rights of audience tend to be with courts of first instance. Most barristers are independent and appointed by the Bar Council.
However, lawyers are not the only types of people in the courtroom. In the magistrate’s court there are lay magistrates and clerks of the court. Lay magistrates have no legal background and are unpaid members of their local community who are present in the magistrate’s court. Their role is to bring a moral case from the view of a typical member of society. They work part-time and deal with less serious criminal cases, such as minor theft, criminal damage, public disorder and motoring offences as well as deciding many civil matters, particularly in relation to family work. When sitting in the Family Proceedings Court, magistrates deal with a range of issues affecting families and children. Therefore there is no need for them in our case.
In the magistrate’s court, a trial is heard by a ‘bench’. The bench would usually consist of 3 magistrates and a court clerk. The clerk is legally trained and acts as a legal advisor as well as control the majority of the court proceedings. Clerks are responsible to ensure the decisions the magistrates make are just and fair as well as staying compliant with the rules of the court. It is also the responsibility of the court clerk to ensure that all court proceedings run as smoothly as possible, to read the charges to the defendant as well as explain all procedures to witnesses and defendants.
Finally, whilst I have covered the court our case will be under the jurisdiction of and the different types of legal personnel we may come across: I would like to take the opportunity in wishing you good luck and I hope that we achieve victory in this case and you receive justice. I hope my advice has given you the knowledge you need to succeed within your case.
Yours Sincerely,
By Mozam Moughal
Justice4U Solicitors
Criminal Case
Dale
You have been charged with the possession of a substantial amount of the Class A drug crack cocaine. The punishment for this charge is up to seven years in prison, an unlimited fine or both. You may be charged with possessing an illegal substance if you’re caught with drugs, whether they’re yours or not and your penalty may depend on where you were when the police had caught you and where the drugs were found, your personal history i.e. previous convictions including drug offences and any other aggravating or mitigating factors. Since you were found to be in possession of drugs in a vast quantity the penalty will be much more severe because if you are proven to be dealing or supplying a Class A drug, the punishment is life imprisonment, an unlimited fine or both.
As these are criminal offences, in order for the crime to take place two things need to be present the 'mens rea' which is the state of mind i.e. the intention to commit the crime and the 'actus reus' which is the actual crime taking place: these two things need to be proved in court in order for you to be found guilty. The standard of proof on the balance of probablities must also be beyond all reasonable doubt as a key motto in English law is 'innocent until proven guilty' to ensure the correct verdict has been given and justice has been served correctly.
The Crown Prosecution Service is the government department which is responsible for prosecuting criminal cases investigated by the police in England and Wales. It is their role to present and prepare cases for court, advise the police on cases for possible prosecution, review cases submitted by the police and determine any charges in any serious or complex cases. You would be prosecuted by the CPS who would then refer you a magistrate's court first. A magistrate's court is presided by magistrates who are unpaid members of their local community and virtually all criminal cases start in the magistrate's court. However, possession of drugs in a high quantity could imply that you have the intention of supplying which makes it a non-indictable offence which means the magistrates’ court will generally decide whether to grant bail, consider other legal issues such as reporting restrictions, and then pass the case on to the Crown Court.