英美司法制度Lecture 4 Judicial System

1、Lecture 4 Judicial System,The Outline Judicial System in Britain Judicial System in America Judges Magistrates Jury Group Assignment,Judicial System in Britain,House of Lords Court of Appeal Civil Division Criminal Division High Court Crown Court Queens Bench Division Family Division Chancery Divisi

2、on County Court Magistrates Court Civil Criminal,Judicial System in Britain,Magistrates court Civil cases: family proceedings, adoption, matrimonial violence, renew and revoke licenses for liquor and etc. Criminal cases: the vast majority of criminal cases, being of a relatively minor or trivial nat

3、ure; preliminary hearings in all criminal cases.(to make sure whether, on the face of the evidence, there is a case against the accused.),Judicial System in Britain,County Court small claims proceedings and fast track cases. (tort, contract, bankruptcy cases) From April 1999, according to the Civil

4、Justice Reform, the small claim limit rose from 3,000 to 5,000, except for personal injury claims which will be limited to 1,000.,Judicial System in Britain,Queens Bench Division The main civil work of this court is in contract cases, tort cases and maritime cases. It also deals with some criminal a

5、ppeals (appeals on point of law) and judicial reviews.,Judicial System in Britain,Chancery Division It is the modern successor to the old Court of Chancery. It has jurisdiction over sale of land, mortgage, trusts, bankruptcy, the validity and interpretation of wills, company law, partnerships, and p

6、atent. Inside it there are two specialist courts: Patents court and Companies Court.,Judicial System in Britain,Family Division It was created by the Administration of Justice Act in 1970. It has jurisdiction over matrimonial matters, legitimacy and adoption both first trial and on appeal (hearing a

7、ppeals from decisions of magistrates courts in family matters).,Judicial System in Britain,Crown Court It has criminal jurisdiction and criminal appellate jurisdiction. In Britain, about 5% of all criminal cases are heard by Crown Court. Court of Appeal It has appellate jurisdiction over civil cases

8、 and criminal cases.,Judicial System in Britain,The House of Lords Acting in its judicial capacity, as opposed to its legislative one, the House of Lords is the final court of appeal in civil as well as in criminal. Its judgments govern the courts in England, Wales and Northern Ireland. Its judgment

9、s also govern civil law in Scotland.,Judicial System in Britain,The European Court of Justice It is the ultimate authority on European Law to ensure that in interpretation and application of Rome Treaty(1957) the law is observed. It is made up of senior judges from each member state and a president

10、of the court. It is a court for reference: the ruling of the court makes is preliminary in the sense that the case is then remitted to the national court for it to apply the law to the facts.,Judicial System in Britain,The European Court of Human Rights It does not arise from the EU. It arises from

11、the European Convention on Human Rights (1950), signed by 21 European states including the U.K. The signatory states undertook to ensure a range of human and political rights to the citizens within their jurisdiction.,Judicial System in Britain,Judicial Committee of the Privy Council A special commi

12、ttee of the Privy Council was set up to hear appeals from certain Commonwealth Countries such as Singapore, Canada, and Australia. The decisions made by Judicial Committee of the Privy Council are influential in these Commonwealth Countries.,Judicial System in Britain,Magistrates In 460 magistrates

13、courts of Britain, there are 30,000 unpaid part-time lay magistrates(Justice of the Peace) and 92 full time professional stipendiary magistrates. To be barristers or solicitors of at least 7 years is a qualification for professional stipendiary magistrates.,Jury System in Britain,In U.S. there are e

14、lected or appointed magistrates (justices of the peace, police justices). They have jurisdiction over traffic violations, pre-hearings of criminal cases and small claims. They are also in charge of issuing search warrants, arrest warrants and permit of bails.,Judicial System in Britain,Jury The jury

15、 will weigh up evidence and decide what are the true facts of the case. The judge directs them as to what is the relevant law and the jury then have to apply to the facts to that law and thereby reach a verdict. In criminal cases: a verdict of guilty or non-guilty. In civil cases: how much money sho

16、uld be awarded as damages.,Judicial System in Britain,The Right of Trial by Jury In Britain: (1) civil cases: label and slander; malicious prosecution; false imprisonment; and fraud. (2) criminal cases: juries only operate I the Crown Court. In U.S.: (1) the U.S. Constitution guarantees litigants in

17、 federal court a jury trial in suits at common law. Parties in most U.S. court may join common law and equitable remedies in the same action, without giving up their right to a jury trial. (2) criminal cases: in all criminal prosecutions, the accused shall enjoy the right of jury by trial.,Judicial

18、System in Britain,Qualifications for Jurors According to Juries Act(1974), qualifications for juries are: (1) age: 18-70; (2) on the electoral register; (3) a resident in the U.K. for at least 5 years. exceptions: (1) people who have sentenced to prison or a young offenders institute; (2) the judici

19、ary; (3) those concerned with the administration of justice; (4) people with mental ill health; (5) people on bail in criminal proceedings.,Judicial System in Britain,Jurors are chosen by random ballot sworn in (if there is no challenge) a unanimous verdict or a majority verdict a hung jury a re-tri

20、al. Advantages time and cost,Judicial System In U.S.,Some Questions for You 1. How many court systems in the U.S.? 2. What is the relationship between the federal courts and the state courts? Do you think the federal courts are superior to the state courts? 3. Whats the meaning of “a two-tiered syst

21、em” and “a three-tired system” ?,Judicial System in America,U.S. Supreme Court State Supreme Courts U.S. Courts of Appeal State Appellate Courts Trial Courts U.S. District Courts Inferior Courts Specialized Courts,Judicial System in America,There are 52 separate court systems in the U.S. Each state

22、is free to structure its judiciary in any manner, and thus significant variations are found in the different state court systems. (an example) However, all state court systems, as well as the federal court system has at least two types of courts: trial courts and appellate courts.,Judicial System in

23、 America,Trial Courts Trial courts are where a case begins, where witnesses are heard and evidence presented. In federal system: U.S. District Courts, of which there is at least one in every state. Many larger states are divided into two, three or even four judicial districts. (an example) There are

24、 94 districts in the U.S. In state systems: trial courts of general jurisdiction and trial courts of limited jurisdiction (inferior courts)- Municipal Courts, Police Courts, Justice of the Peace Courts.,Judicial System in America,Appellate Courts Where the decisions and actions made by the trial cou

25、rts(or lower appellate courts) are reviewed, and where no trials are conducted. Appellate Courts may reverse, affirm, or remand the lower court decision In federal system and about 3/4 state systems there are two levels of appellate courts, an intermediate and highest level (three-tiered system). In

26、 the other state systems there are two-tiered system.,Judicial System in America,In federal system: the intermediate level of appellate courts are the U.S. Circuit Courts of Appeal (13). The highest level of appellate court is the U.S. Supreme Court. In state systems: three-tiered system the intermediate level of appellate courts are the Court o