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A-Level Law — Criminal, Tort & the Nature of Law

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The English Legal System·Notes·14 min read

Civil & Criminal Courts

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Two systems

  • Criminal law (state prosecutes to punish; standard of proof: beyond reasonable doubt) vs civil law (claimant sues defendant for a remedy; standard: balance of probabilities).

Criminal courts and appeals

  • Classification of offences: summary (minor - magistrates), triable either way, indictable (serious - Crown Court).
  • Magistrates' Court (95% of cases) and Crown Court (jury trial). Appeals: from magistrates to the Crown Court (rehearing) or by case stated to the King's Bench Divisional Court; from the Crown Court to the Court of Appeal (Criminal Division), then to the Supreme Court (point of law of general public importance).

Civil courts and appeals

  • County Court and the High Court (King's Bench, Chancery and Family Divisions); the track system (small claims, fast, intermediate, multi-track) allocates cases by value/complexity.
  • Appeals go up through the Court of Appeal (Civil Division) to the Supreme Court.

Alternative dispute resolution (ADR)

  • Negotiation, mediation, conciliation and arbitration (Arbitration Act 1996) - cheaper, quicker, private and less adversarial than litigation, but with limited enforceability/precedent.

Learn the court hierarchy and appeal routes precisely, and be ready to evaluate ADR against court litigation on cost, speed and fairness.

Diagram

Legal problem question flow
Identify offence/issue
Define rule
Actus reus/element 1
Mens rea/element 2
Apply cases
Conclude liability
Facts
Authority
Application
Mini-conclusion