Legal English

Courts Structure
Courts Structure and
Legal Process
Courts Structure and Legal Process
• English Legal Language is used also to describe
the Common Law Courts System which is the
gear of the very important structure of Legal
process

• UK
• USA
BRITISH COURT SYSTEM
Lower level:
On the right : civil law matter the county courts
As parallel
On the left: criminal cases : magistrates courts
County courts and magistrate courts are the basis of the
Pyramid of the Court System:
- petty offences of criminal cases and
- actions of small amount in civil law matter
The decisions of the magistrates courts can be appealed by the
CROWN COURTS and eventually at the court of appeal
Whereas decisions in civil matters by the county courts can be
appealed to the high court of justice and eventually to the
•Cornerstone of the System of the courts is represented by the HIGH court of
Justice in London, just one and only one high court of justice in London

We have a lot of tribunals and many county courts but only one HIGH COURT , the
Senior Court in England and Wales
•Scotland and Ireland have their own courts system
•Difference from the courts on the continent, in Europe, courts are much more
diffused in the territory. Many courts of Appeal, Many Tribunals confronting
matters of great relevance.
•In England, the administration of justice is centered in London and so we have only
one HIGH Court and only one Court of appeal
High Court: three divisions, or branches
• Queen’s Bench division
• Family division
• Chancery Division
 Court of Appeal
• Two divisions:

• Criminal division
• Civil Division

• Only distinction which is properly British with the

stand point of jurisdiction : Adminsitrative law,
Constitutional law, etc are almost alien to English
system

• The only relevant division is between criminal cases

and civil cases (administrative, private, commercial
and so forth)
Supreme Court

•Highest level of the

hierarchy.
•Before known as
House of Lords
•Supreme Court of
United Kingdom
 SUPREME COURT
• Decisions are binding over all inferior
jurisdictions
• Court only looks at “points of
law of public interest.” It is the Supreme
Court selecting cases to be heard
Common law system based on very few
decisions: 60/63 cases per year

• First must ask permission

from Court of Appeal. If denied, can ask
for “leave” from Supreme Court.

• Case are heard before panels of

anywhere from 3 to 9 Justices.
• ALIEN TO OUR SYSTEMS
• 80000 CASES PER YEAR
35000 CASES PER YEAR
Common law system based on very few
decisions: 60/63 cases per year

THE SCALE IS COMPLETELY

DIFFERENT, IT IS IMPOSSIBLE TO
MAKE COMPARISON!

• Case are heard before panels of

anywhere from 3 to 9 Justices.
Judge / Justice (only for the highest
level).
Judge of the Supreme Court is a Justice
A judge is a normal judge
Civil System
 Civil system
• Minor cases: county courts, 25000 pounds
• Major cases and the review of the decisions taken
by the County Courts: High Court
• QB
• FD
• CD
• Against the decisions of the HC you can promote an
appeal to the CoA
• Against decisions of the HC and CoA you may file a
complaint to the Supreme Court
Focus on TERMS THAT WE WILL
FIND IN OTHER PARTS : LAW OF
CONTRACT, AND OTHERS
 HIGH COURT
• Functions both as court of first instance and appeals court.
• From county court and magistrates' (Queens Bench & Family)
• Consists of Three Divisions:
• Queen’s Bench – hearing cases of contract law, tort law,
commercial law, and admiralty (maritime law) – some
criminal
• Family - divorce and similar family matters
• Chancery - equities and trusts, wills, companies and
issues
• relating to patents (intellectual property).
• Judges informally knows as “High Court Judges”
• Decisions of the High Court are binding on lower courts but not
binding for the court of appeal of the Supreme Court
COURT OF APPEALS - CIVIL

• Hears appeals on law only

Appellate jurisdiction:
• Must be granted leave to
get hearing
• Decisions are binding on
lower courts
• Important matters of law
MAY be granted appeal by
the Supreme Court.
 American courts system
• Similar and different at the same time
• Two separate Systems: Federal and State
jurisdictions
• 95% all cases are indeed handled in State Courts
• 95% of American law is State law
• The Common law of a State is different from the
common law of another State
• Law of State of Washington # Law of the State of
Florida
 US COURTS
• Basically, the U.S. courts are divided into three layers:
• trial courts, where cases start;
• intermediate (appellate) courts, where most appeals are
first heard; and
• courts of last resort (usually called Supreme courts), which
hear further appeals and have final authority in the cases
they hear.
• We have Courts of Last resort at the State level and
Federal Level
• Supreme Court of Florida: decisions binding for the courts
in its jurisdictions (Florida, not binding in Colorado)/ The
Supreme Court of United States !!
Courts hierarchy
• These two systems of
courts are arranged in a
hierarchy
• Federal Level : US District
Courts, US Courts of
Appeal, US Supreme
Court.
• State Level : State district
Courts of 1st instance,
State Courts of Appeal,
State Supreme courts
• State case may pass on
federal cases ?
the Levels of Federal
courts
 Federal Court System

• Article III, United States Constitution: "The

judicial Power of the United States, shall be
vested in one supreme Court, and in such inferior
Courts as the Congress may from time to time
ordain and establish.“
• Thus, Congress has control over creation and
jurisdiction of lower federal courts.
• Higher court decisions are binding on lower courts.
• Federal system is divided into 13 circuits.
• Within each there are several district courts and
and appeals court
US courts of Appeal: circuits , how american federal law
is located
US courts of Appeal: circuits , how american federal law
is located

https://www.dcd.uscourts.gov/
 U.S. Federal Courts

• Adopted for both civil and criminal case

• District Courts : trials courts, cases start here, fact
finding is done here, courts designed to collect and
check the facts of the cases, something that can have
a time and space location (John Doew crossed the
road at 10 am on Monday)
• Courts of Appeal: generally only looks on law, on
points of law, on legal issues
• Ie: nature and definition of contract, an institution, a
mail sent by a party – fact - is indeed an offer or not?:
this is a point of law
 U.S. Federal Courts
• Leave must be granted to get hearing in
Supreme Court
– Normally if serious legal question or split in
circuits.
 Federal Court of Appeals

• 13 circuits : 11 and we must add DC & FC

• Appeal here is a matter of right / point of law:
Court will only look at legal issues, not facts.
• Hearing is before a randomly selected three judge
panel (composing of the court when hearing and
deciding a case)
• Number of judges in each circuit ranges from 6 (1 st
Circuit) to 28 (9th Circuit).
• A decision by a judge panel can be reviewed by full
panel (called en banc)… French-norman word
• Bound by decisions of Supreme Court only
 Federal Court of Appeals
• FCA one of the most important institutions of
the US
• SC (as in UK) confront very few cases per year,
the hard work at federal level is quite naturally
in the hands of the Court of Appeals
 US SUPREME COURTS
• Composed by 9 Judges appointed FOR LIFE and selected by
the President of the United States
• The scale is radically different in Civil Law Systems and
Common Law Systems. Very small courts ruling the all nation.
• Hearing before the entire panel
• Four judges must agree to hear a case before an appeal is
granted : it is not exactly your right to reach the Supreme Court
!!
• Because it is the SC selecting cases of particular importance
to be heard before it. Self-selection of cases by the Supreme
Justices. Certain cases could never be discussed at Supreme
Cases, others yes: a way to control the evolution of the law,
change the law, reaffirm a principle.
US SUPREME COURTS
US SUPREME COURTS
 US SUPREME COURTS
• U. S. Supreme Court Four Justices must vote to hear a case
• Writ of certiorari : A written order from the U. S. Supreme Court to a lower
court whose decision is being appealed
• the records of the case for review Only if… defendant has exhausted all other
avenues of appeal Case involves a “ substantial federal question” An
alleged violation of either the U. S. Constitution or Federal Law
• Court is not bound by past decisions, although they are given great weight.
Very rare the US Supreme Court disregard a precedent. Story of precedents
about segregation, departure of the SC in Brown v of Board of Education.
• CONSTITUTION, administered and interpreted by the SC is the supreme
Law of the Land
• Can hear appeals also of State courts if U.S. Constitutional or federal law
issue is involved in State cases.
• Example: Gore against Bush (presidential elections in 2000, law
regulating the election of candidates of State of Florida, but since a matter
of election of US President, it may be heard by Federal Supreme Court,
constitutional issue.
 State Courts levels
• Three trier system of Federal courts
• The Constitution and laws of each state establish the State
courts. A court of last resort, often known as a Supreme
Court, is usually the highest court. Some states also have an
intermediate Court of Appeals. Below these appeals courts
are the state trial courts. Some are referred to as Circuit or
District Courts.
• Names of the courts varies to State to State
• No great uniformity in America
• Courts deal with both Criminal and Civil cases
• State system is separate and distinct from Federal
• U.S. Supreme court can review State decisions that are based
 State Courts
• Most criminal cases, wills and estates
• Most contract cases, tort cases (personal
injuries), family law (marriages, divorces,
adoptions), etc.
• State courts are the final arbiters of State laws
and constitutions. Their interpretation of Federal
law or the U.S. Constitution may be appealed to
the U.S. Supreme Court. The Supreme Court may
choose to hear or not to hear such cases.