Getting Revision Focused

A starting point in revision is to identify the key topics that need to be covered. 


For W200 Students (or students of English legal System and EU Law)

Below is a MindMap illustrating the key parts of the W200 Understanding Law course. Unit 8, on Scottish Law is not examinable - so I haven't incorporated it.

Once you can visualise the structure of the course - the next task is to draw out the key issues within each major subject. The way that the manuals are structured helps you do that. 

For Example - Units One and Two make up "Introduction to Law
1 Introduction and what is law
2 Terminology and sources of Law

Each unit is subdivided - Unit One -
A General Introduction to the course - no need to revise this
B What is Law?
C The Functions of Law

Note the key themes and further divisions - B1, B2, B3.....
You might want to draw your own MindMap for each Subject and/or Unit.
Briefly summarise the key points as you revise - this involves condensing the information.



(click on the mindmap for the full version)

For W201 Students (or students of UK Constitutional Law; Human Rights & Criminal Law)

Below is a MindMap illustrating the key parts of the W201 The Individual & the State course. 
Once you can visualise the structure of the course - the next task is to draw out the key issues within each major subject. The way that the manuals are structured helps you do that. 

For Example - Units One to Five cover "Constitutional Law"

1 Fundamental Values, constitutions and core constitutional principles
2 The sources of the UK Constitution
3&4 Parliamentary supremacy
5 The institutions of State in the UK

Each unit is subdivided - Unit One -
A Identifying fundamental values
B Constitutions: purpose and classification
C Core constitutional principles (1) Parliamentary supremacy (2) Responsible government
D Core constitutional principles (1) The Rule of Law (2) The Separation of Powers
Note the key themes and further divisions - B1, B2, B3.....




(click on the mindmap for the full version)

Revision

It's that time of year again. I have OU students on the W200 (Understanding Law) and W201 (Law: The Individual & the State). Washminster has, in the past, been a useful resource for those studying at University or for A-Levels in the subjects of Law and Politics. It is my intention to produce posts which may be of especial use to such students.

The subjects I will be focusing on include
# Principles of effective revision
# English Legal System
# UK Constitutional Law
# European Union Law
# Human Rights (with an emphasis on the European Convention on Human Rights)
# Principles of Obligations (Contract and Tort)
# Criminal Law

- but fear not, these subjects are not dry academic subjects. They will be at the forefront of debate across the world. In the UK, there will be a referendum on Britain remaining in the EU. Soon afterwards Michael Gove is expected to announce proposals for the replacement of the Human Rights Act (which gives effect to the ECHR in the UK - allowing its provisions to be raised and applied in English courts [Note - the OU courses concerned deal with English Law - although there is a unit on Scottish Law which is non-examinable]. The proper use of 'constitutions' lies at the heart of current debate in the USA - and concerns about respect for human rights is increasing across the world. So there will be in these posts, something for everyone. There's no need to switch just because you aren't facing an exam!

If you do have family; friends; neighbours or students who might value Washminster as an additional revision tool - please share this post (or our address - http://washminster.blogspot.co.uk/) with them.

Welcome to Open University Students

The new academic year is about to begin for the Open University Law courses. I'll be teaching W200 and W201 courses in Birmingham and Reading. If you have just become one of my students - welcome to the Washminster Blog. One of the objectives of this blog is to explain how the subjects in the law courses relate to what happens in the real world. As someone who works in Parliament (and has worked there for a number of years & has other experience of the academic subjects we will be studying), I can apply theory to practice - and that's what this blog seeks to do.

Of course if you are not one of my OU Students - you are welcome too. I do put in a lot of material related to law, but that is far from the exclusive interest of this blog - as a look back over the last eight years of entries shows.

I like to brighten up posts with pictures, and occasional videos. That may not be possible for the next few days - because of limited access to computing facilities - but there should be some posts reflecting matters in the news.

David

Revising for Law Exams?

 

Washminster is written by an Associate Lecturer on the Open University's W200 and W201 Law courses. These cover what more traditional universities may describe as

• English Legal System
• EU Law
• Constitutional & Administrative Law
• Criminal Law

As a result there are a number of posts designed to assist with exam revision in these subjects (and revision techniques generally). Most of these were published in the August/September of each year (immediately preceding the OU exams).

If you are facing exams (Law Degree; Law A-Levels), do feel free either to use the search engine to the right of this post - or browse through the posts in date order (year & month).

Magistrates and Juries

Professional judges are part of "government". They are employed by the State and exercise "judicial power", one of the three functions of government. Lord Atkin criticised, in the famous case of Liversidge v Anderson (a case worth reading - it can be accessed here) judges who "show themselves more executive minded than the executive." They are lawyers by training - and can be very 'legalistic' - applying the law laid down in statute or case law - irrespective of whether the law in question is a "bad" law.

These are some of the reasons that lay participation in courts has been highly prized in the English Legal System. The Americans so valued the independence of juries that the right to jury trial is entrenched in their Constitution. The Sixth Amendment begins - "In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed"

Law exams often invite candidates to discuss the merits of magistrates; juries, or both in the legal system. Such questions require the candidate to both describe and evaluate the claims for and against such involvement. So if you are facing an exam after a course in "English Legal System" or the Open University's W200 "Understanding Law" course - what can you do to prepare?

First of all review your notes; old essays; textbooks; journal articles for the arguments on both sides. Consider the strengths and weaknesses of any claims made. Weigh up the advantages and disadvantages. Your job is not to advocate one view or other but to logical consider the arguments and come to a reasoned conclusion. There is no 'right' or 'wrong' answer - the examiner will be looking for your knowledge and understanding of the advantages and disadvantages; for evidence of further reading and reflection; critical evaluation of the arguments; a well argued discussion and a conclusion which is based on that evaluation and argument.

It's worth writing a short briefing note for yourself - setting out the key points. If you have the opportunity to talk to fellow students have a discussion - or why not argue one side whilst your colleague argues the other. Then reverse it - you argue for the other side and so on.

What's your view?

...on the doctrine of precedent?

Does it provide -

• Consistency?
• Certainty?
• Efficiency?
• Flexibility?

Or is it promote

• Inflexibility?
• Uncertainty?
• Fixity?
• Unconstitutionality?

[Slapper and Kelly briefly outline the arguments on  pages 138-139 and 144-145 of their book "The English Legal System - 13th Edition].




Other books develop these - and put other arguments. If you are taking a Law Degree exam (English Legal System - or the Open University's W200 course), it is worth summarising the arguments about the strengths and weaknesses of the doctrine of precedent. Then prepare short arguments - one version arguing for the utility of the doctrine and other arguing that it has more disadvantages than advantages. How would you put across each argument? How would you anticipate objections? Should you face an invitation in an exam to discuss precedent you'll have developed the knowledge and flexibility to answer it. Remember, there is no right answer. An examiner is looking for evidence of critical evaluation; and an ability to present a logical argument.

You should also be able to explain the "mechanics" of the doctrine - can you describe and explain

• the significance of law reporting?
• the rules about which courts bind which?
• when previous decisions are not binding? [and Young v Bristol Aeroplane Co Ltd]
• 'Ratio decidendi'?
• 'Obiter dictum'?
• Overruling?
• the Practical importance of Precedent?

You might find it useful to review these Washminster posts.
http://washminster.blogspot.co.uk/2010/10/english-legal-system.html
http://washminster.blogspot.co.uk/2012/02/what-kind-of-law.html

Cases

It can be very useful to look at old exam papers (OU Law Students can access these through 'Elite') - but even more useful to take a look at examiners reports. These often highlight common mistakes that have arisen. If you read a few reports you'll see that the same issues frequently turn up.

One comment I'd like to stress appeared one year (though it is a perennial) - "Some students in fact forgot to apply the law to the facts at all, and simply listed cases; although these were usually relevant ... it was very important...to apply the rules and principles as well as setting them out."

Cases are important - especially in English Law where precedent plays a key role - but there can be a tendency to fixate on memorising case names and facts. I've known students who have sought to memorise over a hundred cases. (to which I say, how many cases can you discuss in a three hour exam in which up to an hour can profitably be spent choosing the best questions to answer; planning the answers; writing them; and reviewing them?)

Use cases to illustrate a point you are making; to support your argument; to demonstrate different approaches to the issue - but never just recite cases and their facts.

How should you "revise" cases?

The first task is to select the cases that you plan to revise. As you revise each topic, think about which cases are most important. Clues can also be found elsewhere - what has the manual; textbook; tutor stressed most? (My students will be familiar with me banging on about ...)

[W200] - Pepper v Hart; The Practice Statement of 1966; Young v Bristol Aeroplane; R v R (Marital Rape); Donoghue v Stevenson; Costa v ENEL; Factortame (Numbers 1, 2, 5); Van Gend; Von Colson; Foster v British Gas; Marleasing; Francovich;  Dassonville; Cassis de Dijon; Keck;  Defrenne v SABENA; Marshall v Southampton & SW Hampshire AHA; United Brands v Commission...

[W201] Entick v Carrington; Ghaidan v Godin-Mendoza; Campbell v MGN; Carltona v Commissioner of Works; Associated Provincial Picture Houses Ltd v Wednesbury; The GCHQ case (Council of Civil Service Unions v Minister for the Civil Service); Porter v Magill; R v Ghosh; R v R (Marital Rape); R v Cunningham; R v G (Recklessness)...

Prepare brief notes. Students, almost since "time immemorial", have used revision cards to prepare for exams. The value of these cards are that they require you to condense the information. This is a (the?) key process in revision - (there are some professionally written cards on sale - some value, but you lose the process of condensing yourself - similarly, copying out from a text or revision book has the same value-deficit). There is some value in reviewing the finished cards frequently.

Consider the application of cases. Cases should not be used as decoration. They are a vital part of legal argument. Consider where and how you would deploy these cases. This is where using old exam papers can come in useful.

Revision

My Open University students (on the W200 and W201 Law courses) - plus other OU students face exams this autumn. I will be using Washminster to publish material that they should find useful for revision.

The courses cover -

W200 - [Major Subjects] - English Legal System; EU Law
[Short introductions to] - UK Constitutional Law; Rights & Police Powers; Contract; Tort; Criminal Law.

W201 - UK Constitutional Law; Human Rights Law; Administrative Law (focused in on the UK's 'Judicial Review'); and Criminal Law.

But Washminster will continue to follow US Congress; UK Parliament; the European Parliament and the French Assemblee nationale. There will still be posts about history; jazz - and of course the American Football season is about to begin!

It is possible to subscribe to Washminster (see above).

A while ago I made and posted a video about techniques for retaining information from studies. It is republished below

An ideal Law Exam Question?

'Discuss the view that "Parliamentary legislation is excessively complex and its confusions undermine the rule of the law"'

This isn't actually an exam question that has been set in a British university - but it would an excellent question - either for "English Legal System" (allowing an explanation of issues relating to 'statutory interpretation') or "Constitutional Law" (enabling a student to demonstrate their understanding of the concept of the Rule of Law)

If I were a student, I'd read the following article - from which the quote is taken - and reflect on what points I could make - even going as far as preparing an essay plan.

http://www.guardian.co.uk/law/2013/apr/16/parliamentary-legislation-too-complex-report

On the 'Rule of Law' (and other UK constitutional principles), it's difficult to beat Lord Bingham's short, readable and thought provoking book of the same name.

Primary versus Secondary Legislation

 A recent assignment I had to mark invited students to discuss the advantages and disadvantages of Primary versus Delegated legislation.

Primary Legislation in the UK means 'Acts of Parliament' - they can also be called 'statutes' the terms are completely interchangeable. A proposed statute is known as a "Bill". For a bill to become law it has to complete all the stages of the parliamentary legislative process. There is an excellent interactive guide to this at http://www.parliament.uk/about/how/laws/passage-bill/.

If you visit an established English Law Library, you'll see that the earlier volumes of statutes contain many years worth of statutes - but in recent decades three or four fat volumes are needed for a single year's Acts of Parliament. With the development of complex government - there are more and more laws passed.

Parliament can delegate it's law making power - and does so often in primary legislation. The power to make legally enforceable rules is delegated to a Minister; or to local authorities - or to whoever Parliament decides. The 'law' that is produced by the person or body delegated to is known either as 'secondary legislation' or 'delegated legislation'.

One issue which writers of assignment titles and exams like to see discussed is the question of the adequacy of scrutiny of legislation. Are MPs and Peers able to thoroughly consider and amend bills?  This raises questions about the resources available to legislators - including specialist advice and time. 

Is there sufficient scrutiny of primary legislation? Just because it can take a long time doesn’t mean that effective scrutiny is going on.

Some people assume that, without the various stages that primary legislation has to go through, Secondary legislation lacks proper scrutiny. It's worth thinking that through. What scrutiny is required - and how does the present system work? There's another excellent resource available at

http://www.parliament.uk/about/how/laws/delegated/.

The issue is whether the scrutiny for either is appropriate. It can be argued that actually the scrutiny system for delegated legislation (where a committee sifts through the SIs – highlight points of possible concern) is actually better than the time-limited; ‘theatre’ that Public Bill Committees and the Chamber go through.

So what do you think? Observations and comments are always welcome at comments@washminster.com
 

There are some articles about 'juries' in the newspapers of Thursday 21st February - as a result of the dismissal of the jury in the Pryce case. If you are a student on the Open University's W200 course, or studying 'English Legal System' for a Law Degree or Law A-Level - it would be well worth reading at least one serious paper on the issue.

I identified stories & articles in the paper versions of

The Guardian p1,2 & 32
Independent p1,4 & 14

Online
http://www.guardian.co.uk/law/2013/feb/21/lawyers-jury-system-vicky-pryce
http://www.guardian.co.uk/commentisfree/2013/feb/20/vicky-pryce-jury-did-its-duty
http://www.guardian.co.uk/law/2013/feb/21/vicky-pryce-case-jury-failure
http://www.independent.co.uk/news/uk/crime/vicky-pryce-trial-q-can-a-juror-come-to-a-verdict-based-on-a-reason-that-was-not-presented-in-court-and-has-no-facts-or-evidence-to-support-it-8503566.html
http://www.independent.co.uk/voices/editorials/editorial-dont-blame-the-jury-system-for-this-failure-8503841.html
http://www.thetimes.co.uk/tto/news/uk/crime/article3693891.ece
http://www.telegraph.co.uk/news/politics/liberaldemocrats/9883130/Jury-discharged-in-Vicky-Pryce-trial-after-failing-to-reach-verdict.html
David

Get to know the UK Supreme Court

There is now an excellent website about the UK’s Supreme Court. It is full of useful information about the work of the Court; the Justices – and links to full law reports of Supreme Court judgements.


If you are planning to visit the court – there are details of access – but most importantly, details of the cases which are being heard. So if you wish to take the greatest benefit from your visit – you can prep in advance – and be in a much better position to understand the arguments that you will hear.

See for Yourself

Reading about Parliament and the Courts in a textbook can sometimes be less than exciting – and a little bit dry. One of the best ways to gain an understanding of how they work is to visit them in person.

Apart from some limited exceptions (mainly where young people are involved), the courts are open to the public. A visit to a Magistrates Court and a Crown Court can help make sense of ‘criminal procedure’. You can see the arguments put forward by the prosecution and defence; the examination and cross-examination. The role of key personnel may be seen. What role does the judge or the clerk play? What interactions are going on between the lawyers; the magistrates or the jury?

The higher courts – the Court of Appeal and the Supreme Court – are worth visiting too. More emphasis is placed on legal argument than challenging the ‘assertions of fact’ by witnesses.

For information about the courts – There is a list of Magistrates Courts here; and a Court finder here. The Royal Courts of Justice in the Strand has the High Court and the Court of Appeal, but there are also ‘branches’ of both in major cities (such as Birmingham).

Parliament is open to the public. Visit the Parliamentary website for details of how to visit – for the tour; or to sit in the Chambers and committees.

Quizlet

Law Students in particular, but many students in general, have a tradition of using "revision cards" to assist in the final stages of revision. Of course they are even more useful if prepared earlier during the course of studies.

Case cards are a particularly useful tool for law students. It's useful to have a VERY brief outline of the facts and key legal points established by a particular leading case. (A word of warning - volume  is the enemy of the student who wishes to be effective - don't do too many cases, concentrate on the cases that you are likely to need for the exam - a thousand case cards looks impressive, but may not concentrate the mind! Similarly, don't try and write as much as you possibly can - in the smallest writing. Condensing the information is the key to successful recall)

One of my students introduced me last year to "Quizlet" an internet based tool for creating cards; revising & testing oneself; and sharing with colleagues. He, and some other Open University students collaborated in developing some revision cards which they then shared and tested each other on. I strongly commend such activities - it makes learning more fun & discussion can (and does) arise which enhances every participants understanding of the subject matter.

Revision cards are useful not just for learning cases - but definitions, or quotations, for dates & translated words. I've started using them for my own leisure and professional use. Quizlet allows you to make your own cards - and if you choose, to share them with everyone - or with a defined group of colleagues. It also allows you to find existing card sets.

So if you are taking an exam in 2012 - make your resolution to improve your results by using revision cards. The ones you make yourself are the most useful (because you are forced to condense information - a key to successful memory). Using cards made by others can be useful, but less effective (I for example found on Quizlet a set of cards, each of which has the name; state and photograph of a member of the current US Senate - and use it to improve my recall of faces (not my strongest point) and linking Senators to their States. I am developing myself some MindMaps which link together other pieces of information (Committee assignments; dates of birth; other political achievements and interests).

If you want to try Quizlet out - go to http://quizlet.com/.

I have set up groups to share course related cards for my Open University Students on the W200 and W201 courses. If you'd like to join one of the groups
- English Legal System (for W200)
- UK Constitutional Law (for W200 and W201)
- UK Law of Obligations (for W200)
- EU Law (for W200)
- UK Admin Law (for W201)
- UK Criminal Law (for W201)

please drop me an email at jdavidmorgan@googlemail.com and I'll add you to the groups you wish to join.

W200 Revision Posts

In the almost 5 years that this blog has been running - I have writen a number of articles that may be of use to my W200 law students - particularly when, as now, it is time for exam revision. There are a number of ways that this blog can be used

1 search for a particular word or phrase using the "Search this Blog" app to the right.

2 read the posts below (by clicking the address)

The Legislative Process

The Process http://washminster.blogspot.com/2009/11/legislative-process.html
The nuts & bolts http://washminster.blogspot.com/2010/12/nuts-and-bolts-of-making-law.html
Pre-legislative scrutiny http://washminster.blogspot.com/2008/01/pre-legislative-scrutiny.html
Fast track http://washminster.blogspot.com/2009/11/fast-track-legislation.html
How to prep http://washminster.blogspot.com/2010/12/how-to-prep-yourself-about-current-bill.html
Following the Lords http://washminster.blogspot.com/2011/01/following-lords.html
Making Better Law http://washminster.blogspot.com/2011/01/making-better-law.html

2nd Reading http://washminster.blogspot.com/2010/09/second-reading.html
Committee Stage http://washminster.blogspot.com/2010/09/committee-stage.html
Public Bill Cttes http://washminster.blogspot.com/2008/01/public-bill-committees.html
 http://washminster.blogspot.com/2008/03/public-bills.html
Report Stage http://washminster.blogspot.com/2010/09/report-stage.html

Henry VIII Clauses http://washminster.blogspot.com/2007/06/henry-viii-clauses.html

UK Courts

The English Legal System http://washminster.blogspot.com/2010/10/english-legal-system.html
Law in Action http://washminster.blogspot.com/2011/02/law-in-action.html
Opening of the Supreme Court http://washminster.blogspot.com/2009/10/uk-supreme-court.html
Keeping up with Britain’s top Court http://washminster.blogspot.com/2010/12/keeping-up-with-britains-top-court.html
Local Courts http://washminster.blogspot.com/2011/02/local-courts.html

For the Institutions of the European Union - it is worth reading the EU's webpage on institutions - http://europa.eu/about-eu/institutions-bodies/index_en.htm

Criminal & Civil Law

In the Common Law systems - such as those of England & Wales and the USA - a major distinction is drawn between criminal and civil law. Some of the key differences are -

(1) Criminal Law involves the State acting against the individual. Civil  Law involves a dispute between individuals (though one or more of the parties may be an artificial "individual" such as a company or a corporation - or even a State body (for example an injured citizen may sue, in civil law (the tort of negligence) the local council for injuries caused by its negligent failure to maintain a footpath).

(2) The object of criminal law is to sanction behaviour - and a breach of criminal law may lead to a punishment such as a fine or imprisonment. Civil law is about providing remedies - such as damages for a breach of contract or for injuries suffered for an accident caused through negligence. Other civil remedies include "specific performance" which involves a court order to someone to carry out the duty they undertook to perform as part of a contract; or an injunction ordering them to do, or desist from doing something. So in a sense, criminal law is 'public law', whilst civil law is 'private law'.

(3) Different Courts are involved. In general Magistrates Courts and Crown Courts deal with criminal law and Civil cases are heard in the County or High Courts. There is some overlap - Magistrates Courts have some civil jurisdiction - and the higher appeal courts - the Court of Appeal (divided into a Criminal and Civil Divisions) and the Supreme Court - deal with both.

(4) The language is different - in Criminal law a prosection is brought, and if successful the defendant is found guilty. One "sues" in civil law - and the result is a finding of liability.

(5) The parties have different names - in criminal cases we speak of the prosecution and defendant; in civil cases the claimant sues the respondent. 

(6) The standard of proof is different - in civil matters it is "the balance of probabilities" whereas criminal law demands a higher standard of "beyond reasonable doubt"

(7) The rules of the "burden of proof" differ - in general the burden mainly rests upon the prosecution in criminal cases (though in certain circumstances, once particular facts are proved, the burden may shift to the defendant). In civil law the burden may be more equally shared.

(8) The State usually brings criminal prosecutions (although private prosecutions are possible for many offences). It can also halt prosecutions. As civil cases are seen as private actions - the State cannot order the halting of a civil action.

(9) Much of civil law can be said to be "voluntary" - parties can decide not to enter into obligations with each other (they can decide not to enter a contract; or agree that disputes will not be subject to court adjudication, or even decide to make disputes subject to a particular jurisdiction - look at some contracts (the 'terms and conditions' that we "agree" to, for example when signing up for a service on the internet - they may make the agreement subject to the laws of England; or New York State etc)). Liability can be ruled out - "We make no representations that information is accurate and up to date or complete and accept no liability for any loss or damage caused by inaccurate ..." [though this is now limited in certain circumstances].

Criminal law however is not voluntary - you can't opt out of it!!!!

There are other differences - can you add to this list?

One important point to make - the same act can have criminal and civil consequences. I drive carelessly, perhaps after a few glasses of champagne, and knock down the wall around your house - the police will interested in my behaviour - and may send the details to the CPS (Crown Prosecution Service) - who may decide to bring a criminal prosecution. You may sue me, in order to recover from me the costs of rebuilding the wall.

The English Legal System

What are the key characteristics of the English Legal System? [This analysis could also be used to map out the key features of other systems too].

* Sources of Law (Legislation; Case Law - and doctrine of Precedent)
* The Court Structure (Criminal; Civil; Appeals)
* The Judiciary (Types of Judge; Appointment & Tenure; Judicial Independence)
* The Legal Profession (Barristers; Solicitors; Training; Regulation)
* Other Persons (especially lay persons) involved in the system
* Criminal Process (Types of Offences; Procedure in Magistrates & Crown Courts)
* Civil Process (High Court; County Court; ADR)
* Access to Justice (Legal Aid

The Local Courts

This blog has frequently dealt with the Supreme Courts of both the UK and USA.

UK Supreme Court -  Keeping up with Britain's top court - plans for Supreme Court - Opening in 2009 -

US Supreme Court -  US Constitution Art III - Oral arguments - Elena Kagan interview - Louis Brandeis - Packing the Court

But these courts deal with only a tiny proportion of cases. All cases start - and almost all are completed - in the local courts.

In the UK the local courts are the Magistrates Courts and the County Courts. (most places have a Crown Court relatively close to them - but they are less local - and deal with the more serious cases. The High Court has branches in London (Royal Courts of Justice) and around the country (District Registeries - Bedford; Birkenhead; Birmingham; Bradford; Bristol; Canterbury; Chester; Colchester; Croydon; Dewsbury; Halifax; Leeds; Leicester; Lincoln; Liverpool; Manchester; Newcastle upon Tyne; Norwich; Nottingham; Scarborough; Sheffield; Southampton; Teesside (In Middlesbrough); Warrington

To find details about a particular court, or courts in an area - follow this link.

Magistrates Courts have both criminal and civil jurisdiction - but it is their criminal responsibilities which are most noted. All cases start there - and 95% of cases are dealt with there (excluding appeals and referral to the Crown Court for sentencing). Some offences - "summary offences" - The least serious, which includes Driving without insurance; and Common Assault - can only be dealt with in the Magistrates Court. There are an important set of offences - such as Theft and Assault causing actual bodily harm - which are "triable either way". They can be dealt with by the Magistrates or passed on to the Crown Court where a jury sits. The Magistrates decide - but take into account the wishes of the Prosecution - and of the Defendant (There's a useful wiki from Sheffield University about the "right" to a jury trial in England - available here)

The most serious cases involve "indictable offences" - such as Murder; Manslaughter and Rape - and must be heard in the Crown Court - but preliminary hearings are held in the Magistrates Court. The old "committal proceedings" have gone - but an "Early Administrative Hearing" is held dealing with issues of legal aid and bail. The case is then sent to the Crown Court.

On the civil side the main local court is the "County Court" - despite the name they have nothing to do with the counties in England. There are 216 of them. Where a claim is for £15,000 or less, the case must be started in the County Court (£50,000 for personal injury cases).

Law Reports (UK)

Once it was necessary to subscribe to (an expensive) series of law reports to read leading judgements soon after they were delivered. While special deals were available to students - it was still a costly business. Now electronic databases are available - and it is no longer necessary to search for the particular book (sometimes in vain! - there were some despicable students who would hide particular volumes - so keeping to themselves a resource all students needed). However, access to a database is expensive if you can't use one through a university or law firm.

The UK Supreme Court now publishes judgements on its website. This is accessible here. A press summary is available in pdf format - as is the full judgement. For those who aspire to be lawyers, it is worth getting into the habit of reading full judgements. Each judge explains his or her reasoning - and a better appreciation of the issues can be gained.

Court of Appeal judgements can be accessed via BAILII