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