Assess the hierarchical structure of the court system in England and Essay

Assess the hierarchical organise of the court system in England and Wales. To what extent does the common jurisprudence doctrine of bindi - Essay ExampleThe court system is a hierarchical structure that begins from the bottom at the County moves and Magistrate Courts, the High Court and gratuity Court, the Court of Appeal, and the highest court which is the Supreme Court (Jones, 2011). The hierarchical structure serves deuce fundamental purposes. First, it enables the formation of a lineage of consistent and uniform decisions through the binding system of juridic precedent, which requires judges at cut down courts to consider and follow decisions of judges at higher courts in devising their judgements. Second, it enables defendants to appeal against decisions made at lower courts by forwarding their appeals to higher courts. This paper discusses the hierarchical structure of the court system in England and Wales, and the extent to which it engages with the common law doctrine o f binding precedents. The Structure of the Court System in England and Wales The court system in England and Wales is hierarchical in structure (Jones, 2011). This means that sealed courts are superior to other courts (Jones, 2011, p. 17). The lowest courts, which are the County and Magistrate Courts, try civil and evil cases that are not likewise serious respectively. At the second rank are the Crown Court and the High Court. The Crown Court tries nefarious cases, while the High Court tries civil cases with a limited scope all over criminal cases. This rank is followed by the Court of Appeal. This court hears appeals from both civil and criminal cases that have been try at lower levels be it at Magistrate or County Courts, Crown Court or the High Court. At the highest tier of the system is the Supreme Court. This court is the ultimate appellate court and hears appeals for both civil and criminal cases (Jones, 2011). In this structure, Magistrate and County Courts are regarde d as inferior courts, while the rest of the courts are regarded as superior courts (Jones, 2011). The courts in the hierarchy follow the doctrine of binding precedent, and this can be seen from the way cases are handled between lower and higher courts. The following diagram shows the structure of the English court system Cited in Jones, 2011, p. 17 Magistrate Courts Magistrate Courts are located at the bottom of the hierarchy. Within England and Wales, there are about 1500 Magistrate Courts (Jones, 2011). They are a essential component of the criminal justice system, as they deal with cases that are criminal in nature. Magistrate Courts have tether lay magistrates who hear the cases brought before the court and rely on the counsel of a Clerk, who is legally strung-out in providing advice on the law, to make decisions regarding procedure and sentencing (Jones, 2011). The jurisdiction of a Magistrate Court in a criminal trial depends on the nature of the offence, often its seriousne ss. This is the yardstick used to determine whether a case should be heard at the Magistrate Court or Crown Court. When a case before the magistrate court is too serious, or when the sentence that the magistrates need to impose needs to be sufficiently severe, the case is forwarded to the Crown Court. County Courts County Courts in like manner lie at the bottom of the hierarchy. There are approximately 220 County Courts in England and Wales, which deal with cases involving civil disputes (Jones, 2011). The remove of a County Court comprises of a Circuit Judge who hears more