14 1: Law and the legal system Part A Essential elements of the legal system
Chapter Roundup
'Law is a formal mechanism of social control', Business Law 5th Edition, David Kelly, Ann Holmes and
Ruth Hayward
The distinction between criminal liability and civil liability is central to the English legal system.
In criminal cases, the state prosecutes the wrongdoer.
Civil law exists to regulate disputes over the rights and obligations of persons dealing with each other and
seeks to compensate injured parties.
The civil court structure comprises the following.- Magistrates' Courts mostly deal with small domestic matters.
- County Courts hear claims in contract and tort, equitable matters and land and probate disputes
among others. - The Crown Court hears appeals from Magistrates' Courts.
- The High Court is divided into three specialist divisions; Queen's Bench, Family and Chancery.
- The Court of Appeal hears appeals from the County Court, the High Court, the Restrictive Practices
Court, and the Employment Appeal Tribunal. - The Supreme Court hears appeals from the Court of Appeal and the High Court.
The criminal court structure comprises the following. - Magistrates' Courts hear summary offences and committal proceedings for indictable offences.
- The Crown Court tries serious criminal (indictable) offences and hears appeals from Magistrates'
Courts. - The Divisional Court of QBD hears appeals by way of case stated from Magistrates' Courts and the
Crown Court. - The Court of Appeal hears appeals from the Crown Court.
- The Supreme Court hears appeals from the Court of Appeal or a Divisional Court of QBD.