There is quite a difference between the two courts, even though the magistrates will deal with 97% of crimes if they think there is a case they think that they can’t be tried in that court they will commit to the crown court so they can pass a higher sentence or that the crime is too serious to be heard in the magistrates. The magistrates only have the power to sentence a person for up to six month in jail or 12 months for consecutive sentences and fines up to £5000.
The magistrate is not trained in law but a clerk of justice will advise on law and sentencing. There are sometimes a district judge will preside over a trial in the magistrates court but not that often this would be called a summary trial, the defendant can choose if he wants to go to trial at the crown court this would be a jury of his/her peers.
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The magistrate courts usually have tree magistrates on the bench; these are just normal people who are on the electorial role as I have stated these are lay magistrates or justice of the peace.
Magistrates also can deal with custody orders, which are now, called residence orders, family court is now mostly heard in a magistrate court.
There are 77-crown courts in England and Wales this is a court where the most serious crimes aew tried like murder, rape.
There is a section called the Queen’s Bench division that has three tiers to it on criminal law and civil.
When a case is up at the crown court, the defendant can appeal on points of
pleas may be choose for the punishment likely to be associated with them rather than for their accuracy in describing the criminal offense in which the defendant was involved. For instance, a charge of indecent liberties, for example, in which the defendant is accused of sexual
...er to adjudicate a case, or hear about a case and then decide on it. These types of cases do not involve as many parties to reach decision. Criminal cases for example, typically involve a plaintiff, defendant, a lawyer for each party, a judge, and a jury. Administrative law cases do not have a jury. A judge will then make a decision after all evidence is reviewed. If the party is not pleased with that decision may appeal the case. From there, it is heard by an appellate board. If the party is still displeased, they can request that it be appealed a second time and it is then moved to federal court (Beatty, Samuelson, Bredeson 68).
... diploma, and must be a county resident for at least one year. Position of magistrate is gained either through appointment or partisan countywide election. State court judges are elected through nonpartisan countywide elections and must be a county resident. They must be at least 25 years of age, have 7 years experience practicing law, and be a state resident for a minimum of 3 years. Superior Court judges are required to have 7 years experience practicing law, be a circuit resident, be a state resident for a minimum of 3 years, and be no younger than 30. Superior court judges are elected in nonpartisan countywide elections.
The court of Common Pleas resembled the early, compensation based legal codes of the Anglo Saxons and early Normans, and were a way for the aggrieved to recover damages. Trespass fell within the common pleas. This meant that one could be tried in both the criminal court and the civil court. Often though, the very broad definition of Trespass seems to be problematic, in that these cases ignored possible criminality in these
Judiciary.gov.uk. 2014. Judges, Tribunals and Magistrates | Introduction to the justice system | Traditions of the courts. [online] Available at: http://www.judiciary.gov.uk/about-the-judiciary/introduction-to-justice-system/court-traditions [Accessed: 2 Apr 2014].
Now, the district court system is the beginning step of the judicial system. A good amount of the case handled by the district court system is either criminal or civil trial cases. According to Roger Miller, “trial courts that have general jurisdiction as to the subject matter may be called county, district, superior, or circuit courts.” The majority of their cases are to be handled in-county first before proceeding further through the court system. Just as businesses and organizations have a chain-of-command or protocol system the government has the
The English legal system is complex and there are many ways in which it can be influenced, this essay will explore some of the different, more obvious ways the law can be changed and what this shows in relation to the quote above. First the essay will discuss the different ways the law can be created and changed and who enables and controls those changes, with my primary examples being the common law and legislation for the judicracy and Parliament respectively, then the essay will cover to what extent these powers enable the judicracy to change and create law in relation to Parliament and if it could be discribed as "opportunistic and piecemeal".
The Municipal Courts tries cases of shoplifting and 1oz and under marijuana cases while also issuing out warrants. Probate Courts involve estates, last will and testaments, and power of attorney cases. The Magistrate Courts begin to deal with civil cases, issuing warrants on a person, and/or restraining (protective) orders. The Juvenile Courts deals with juveniles and the crimes that they commit and/or the welfare. State Courts have jurisdiction over the whole state; basically this means that the GPS can issue anyone within the state of Georgia a
The court system is composed of lawyers, judges, and juries. Their job is to ensure that everyone receives a fair trial, determine guilt or innocence, and apply sentences to guilty parties. The court system will contain one judge, and a jury of twelve citizens. The jury of the court will determine the guilt or innocence of the individual. The jury will also recommend a sentence for the crime the individual committed.
The New York Criminal Court handles misdemeanors and lessor offenses. They also conduct arraignments following arrests. The criminal procedure in this court includes: arrest, arraignment, indictment, a pre-trial, and then the trial. The New York Civil Court handles about 25% of all cases filed in New York. This court handles damage claims up to $25,000 and others civil matters set by the New York Supreme Court. The court has divisions by county, but it is a single citywide court. The District Court handles cases pertaining to both civil and criminal courts in most of New York. The rest of the cases are handled in Justice Court also known as town and village court. These courts are the “starting point” for all criminal cases handled outside of big cities. Unlike other courts which are state funded, these courts are locally
The lower courts are bound by the House of Lords so they have to apply
Vacancies for Court and district judges are now advertised and it is possible to submit applications to The Lord Chancellor's department. Prior to 1990 the traditional criticism levelled at judges was that they were drawn almost exclusively from the public school background shared by most practising barristers. This resulted in the judiciary being a highly partisan and conservative body that did not represent the wider public interest, but only the interests of the upper-middle class. The selection process was highly secretive, with the senior officials from The Lord Chancellor's department searching for suitable applicants by holding private conversations with serving judges and senior barristers. The opening up of the judiciary to solicitors is a welcome developed in theory a sit should allow the best candidates from both branches of the legal profession to be selected.
The Selection, Training and Role of Magistrates in the English Legal System Lay magistrates are unqualified, part-time and unpaid profesionals who are chosen to serve in the magistrates court, yet they deal with the vast majority of cases in the legal system. They do not hear cases on their own but sit as a bench or panel of two or three other magistrates. The use of such unqualified people to judge cases is open to criticism. Magistrates sit in a magistrates court, usually in a bench of three.
The courts have the function of giving the public a chance to present themselves whether to prosecute or defend themselves if any disputes against them rise. It is known to everyone that a court is a place where disputes can be settled while using the right and proper procedures. In the Criminal court is the luxury of going through a tedious process of breaking a law. Once you have been arrested and have to go to court because of the arrest, you now have a criminal case appointed against you. The court is also the place where a just, fair and unbiased trial can be heard so that it would not cause any disadvantage to either of the party involved in the dispute. The parties are given a chance to represent themselves or to choose to have a legal representative, which is mostly preferred by many.
The English Legal System is used in the United Kingdom and it plays a significant role in keeping orders within the country; it has the influential ability towards the United States and other commonwealth countries. Many decisions from England are in many jurisdictions are considered as persuasive.