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английский) 2:
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Civil Courts
Duncan Ritchie, A barrister, is Talking to A Visiting Group of
young European Lawyers.
'Both Criminal and Civil Courts in England and Wales
Primarily Hear Evidence and AIM to Determine EXACTLY what
Happened in A Case. Broadly speaking, the Lower Courts
Decide Matters of FACT and the Upper Courts Normally
deal with points of Law. In England, simple Civil Actions, for example Family Matters such as
undefended Divorce, are Normally Either Heard in the Magistrates' Courts or the County Courts.
Judges have Different titles depending on Their experience, Training, and Level. A Single
stipendiary magistrate or Three Lay Magistrates sit in the Magistrates' Court. There's no
A Jury in Magistrates' Court. Family Cases May go on Appeal from the Magistrates' Court
to the County Courts. The County Court Hears Also complex first instance Civil Cases,
such as Contract Disputes, Compensation Claims, Consumer complaints About faulty Goods
or Services, and Bankruptcy Cases. Claimants, Previously Referred to as plaintiffs, May SEEK
A Legal remedy for some harm or Injury Suffered They have. There are circuit Judges and
recorders WHO sit in the County Courts, without Usually A Jury. Juries are now Rare in Civil
Actions, so Normally the Judge considers Both Law and FACT.
More complex Civil Cases, such as the Administration of estates and Actions for the
Recovery of Land, are Heard in the High Court of Justice, Which is DIVIDED into Three
Divisions: Family, Chancery and Queen's Bench. Both the Court has original, That is,
first instance, and appellate Jurisdiction. From the High Court Cases May go on Appeal
to the Civil Division of the Court of Appeal, Which CAN Reverse or uphold A Decision of
the Lower Courts. Its decisions bind all the lower civil courts. Civil Cases May Leapfrog
from the High Court to the House of Lords, bypassing the Court of Appeal, When points
of General Law of Public Importance are involved. Appellants must, HOWEVER, apply for
Leave to Appeal. Decisions of House of Lords RHE arc binding on All Other Courts But
not necessarily on itself. The Court of the House of Lords Consists of Twelve Life peers
Appointed Judges and Barristers from. The Quorum, or Minimum number, of Law lords for
an Appeal Hearing is rhrce Normally, But Generally there is A Sitting of five Judges. "
Note: A stipendiary is A full-time paid magistrate WHO has qualified as A Lawyer,
A Lay magistrate is unpaid and is an ESTABLISHED Member of the local Community.
A circuit is A Geographical Division for Legal Purposes; England and Wales are DIVIDED into Six.
A Recorder is A Part-time Judge Ten years with Standing as barrister or solicitor A.
See Unit 12 for more information about judges. See B below for more information about juries.
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