来源:ACCA/CAT 发布时间:2012-02-04 ACCA/CAT视频 评论
为了帮助考生系统的复习2011年ACCA考试课程全面的了解ACCA考试教材的相关重点,小编特编辑汇总了2011年ACCA考试辅导资料,希望对您参加本次考试有所帮助!
2 The courts of law
2.1 The European Courts:
(a) Court of the European Union (European Court of Justice) (not to be confused with European Court of Human Rights);
(i) Hears references and appeals from courts of member states on matters of European Law;
(ii) On European Law matters can overrule decisions of any UK court;
(b) European Court of Human Rights:
(i) The final source of appeal on European Convention on Human Rights matters. (Note that the Convention is now incorporated into UK law by Human Rights Act 1998);
(ii) There is no appeal from the European Court of Human Rights to European Court of Justice.
2.2 The House of Lords:
(a) Highest UK court;
(b) Personnel – Lords of Appeal in Ordinary (Law Lords) . 5 will usually sit on an appeal;
(c) Jurisdiction – purely appellate. Hears appeals from :?
– Both divisions of the Court of Appeal
– The divisional court of the Queens Bench Division of the High Court
– The High Court by "leap?frog procedure";
(d) On appeals from some Commonwealth Courts and Channel Islands the court sits as "The Judicial Committee of the Privy Council".
2.3 The Court of Appeal:
(a) Divided into 2 divisions :?
– civil and
– criminal
(b) Personnel – Lord Justices of Appeal. 3 will usually sit on an appeal.
– civil division – Master of the Rolls is chief judge
– criminal division – Lord Chief Justice of the criminal division
(c) Jurisdiction – purely appellate. Hears appeals from
– all 3 divisions of the High Court, the divisional court, the EAT, Lords Tribunal and Transport Tribunal
– the Crown Court
– the County Court (except for certain appeals in regard to family and bankruptcy matters)
2.4 The High Court:
(a) Divided into 3 divisions:
– Queens Bench Division
– Family Division
– Chancery Division
(b) Personnel – High Court Judges (Puisne judges):
– QBD – Lord Chief Justice = chief judge
– Family Division – President = chief judge
– Chancery Division – Nominally Lord Chancellor – in practice
Vice?Chancellor
(c) Queens Bench Division jurisdiction:
– Contract, Tort and other general civil matters without limit as to value (usually above £15,000) includes specialist courts such as the Commercial and Admiralty Courts.
– The making of prerogative writs and orders
The Divisional Court of the QBD hears appeals on points of law from the Magistrates and Crown Courts.
(d) Family Division jurisdiction:
– Defended divorces and matters under the Domestic Violence and Matrimonial Proceedings Act 1976
– Matters relating to Childrens Act 1989 and Human Fertilisation and Embryology Act 1990
– Appeals in regard to family matters from the County Court
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