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Media Law > Media Law: 4 Civil courts & procedure > Flashcards

Media Law: 4 Civil courts & procedure Flashcards

1
Q

types of civil case in which jury CAN be used

[4]

A
  • defamation
  • malicious prosecution
  • fraud
  • false imprisonment
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2
Q

admin HQ of High Court

[1]

A
  • Royal Courts of Justice on the Strand
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3
Q

divisions of High Court (and what they do)

[3]

A
  • Family Division - marriages, children, families
  • Chancery Division - money and property (business disputes, bankruptcy, tax cases)
  • Queen’s Bench - biggest (specialist commercial/shipping, breach of contract, tort)
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4
Q

DEF: tort

[3]

A
  • civil version of a crime
  • against individual rather than society/state
  • can sue wrongdoer for compensation
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5
Q

financial minimum for tort / contract case in High Court

[2]

A
  • £15,000

- £50,000 for personal injury claims

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6
Q

DEF: branch of Queen’s Bench in which public law is heard

[1]

A
  • Administrative Division
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7
Q

cases heard in county court

[4]

A
  • debt repayments
  • housing disputes
  • some family cases
  • tort / contract NOT heard in High Court
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8
Q

number of county courts

[1]

A
  • approx. 300
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9
Q

number of county courts designated ‘divorce courts’

[1]

A
  • approx. 170
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10
Q

standard of proof in civil cases

[3]

A
  • lower than in criminal
  • ‘on a balance of probabilities’
  • basically means over 50% chance they did it
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11
Q

settlements

[4]

A
  • happen between parties before court starts
  • legally binding between parties, but NOT same as court decision
  • settlements do NOT set precedents for future cases
  • no one has “won”, so don’t use the word!
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12
Q

costs

[1]

A
  • judge decides who pays (usually loser pays the winner’s costs)
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13
Q

recent developments avoiding paying costs

[6]

A
  • conditional fee agreements
  • ‘no win, no fee’
  • since 1990s
  • client pays no costs if loses
  • lawyer paid percentage over normal fee if they win
  • solicitor organises insurance to cover costs
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14
Q

rules on processing civil litigation

[2]

A
  • Civil Procedure Rules 1998 (CPR)

- courts have responsibility to ensure each party treated fairly but resources also allocated sensibly

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15
Q

making a claim

[3]

A
  • claimant fills in claim form outlining claim and remedy they want
  • court sends to defendant, who has 14 days to reply with their defence
  • if not enough time then they can send an ‘acknowledgement of service’ (extension to 28 days)
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16
Q

if defendant doesn’t bother to fight

[3]

A
  • judgement made ‘in default’
  • in claimant’s favour
  • still needs hearing to discuss damages
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17
Q

‘tracks’ of civil litigation

[3]

A
  • small claims track
  • fast track
  • multi-track
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18
Q

small claims

[3]

A
  • county court
  • under £5,000
  • faster, simplified procedure in which claimants can represent themselves
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19
Q

exception to small claims track

[1]

A
  • cases of possession (e.g. landlord evicting tenant who doesn’t pay rent), even if under £5,000
20
Q

fast track

[4]

A
  • usually county courts
  • £5,000-£25,000 (or £50,000 for personal injury)
  • heard within 30 weeks
  • hearing not longer than a day
21
Q

multi-track

[2]

A
  • for most complex cases

- trial date not always set immediately

22
Q

pre-trial procedure

[4]

A
  • both sides submit a ‘statement of case’
  • witness statements, evidence, etc, laid out
  • experts chosen (if needed)
  • majority of cases settle and never pass this stage
23
Q

court procedure for fast/multi-track

[9]

A
  • judge given ‘trial bundle’ to read before case starts
  • claimant’s witnesses called first
  • claimant’s lawyer asks whether their statements are true, plus maybe some supplementary questions
  • cross-examined by defence, and maybe judge
  • defence calls witnesses (same procedure)
  • lawyers both address judge
  • [if jury] judge sums up and jury retires
  • [if no jury] judge may sentence immediately, or reserve judgement (in writing, either read out in court or ‘sent down’)
  • judge makes order about who will pay legal fees
24
Q

DEF: lay person helping someone representing themselves

[1]

A
  • Mackenzie friend
25
Q

differences in small claims procedure

[5]

A
  • often take place in judge’s office (though still a public hearing)
  • less formal (esp. rules on what can be put forward as evidence)
  • designed for claimant to represent self (can ask a friend to represent instead)
  • judge asks questions to get to truth
  • decision there and then, and judge must explain decision
26
Q

licensing

[4]

A
  • for alcohol, public entertainment and late-night food
  • previously magistrates decided
  • now local council committee (Licensing Act 2003)
  • appeal can still be made to magistrates
27
Q

child safety orders

[2]

A
  • when child committed / was in risk of committing criminal act (if they were older)
  • local authority applies to magistrate to have restrictions placed on child
28
Q

sex offender orders

[1]

A
  • compel sex offenders to comply with court (e.g. obeying curfew or staying away from children)
29
Q

what does any civil appeal need?

[3]

A
  • PERMISSION
  • either from court that tried it originally or from appellate court
  • only if realistic chance of success or compelling reason to re-hear (interesting point of law, etc.)
30
Q

DEF: when High Court appeal by-passes Court of Appeal

[2]

A
  • ‘leapfrog procedure’

- appeal involves Lords’ precedent, so Court of Appeal is waste of time

31
Q

IMPORTANT: reporting appeals

[2]

A
  • judges on the same panel can disagree

- ensure you know whether judge is with or against the majority when you report them

32
Q

DEF: judge against majority on panel

[1]

A
  • ‘dissenting’ judge
33
Q

number of judges on Court of Appeal panel

[1]

A
  • 3
34
Q

number of judges on Supreme Court panel

[1]

A
  • 5 to 9 (for very important cases)
35
Q

judicial review

[3]

A
  • mechanism by which decisions of public bodies can be held to account
  • alleges that the decision is UNLAWFUL
  • not concerned with issue of whether decision was right or wrong
36
Q

ways in which decision can be considered unlawful

[3]

A
  • illegality
  • irrationality
  • unfairness
37
Q

illegality

[3]

A
  • authority has misunderstood law
  • acted within excess of its powers
  • refused to act, believing (wrongly) that it did not have the power to do so
38
Q

irrationality

[2]

A
  • decision ‘so unreasonable that no reasonable authority could have made it’
  • ‘Wednesbury unreasonableness’
39
Q

unfairness

[2]

A
  • if way in which decision was made was unfair

- e.g. one side didn’t get fair hearing, or possible prejudice against one side

40
Q

if judicial review goes against public body

[3]

A
  • High Court overturns decision
  • can make decision itself or turn it back to the public body
  • decision may not necessarily change after all this
41
Q

breach of contract

[3]

A
  • when terms of a contract are breached
  • some terms agreed between parties, some by law
  • can sue for damages
42
Q

negligence

[3]

A
  • most important tort (civil wrong) in modern law
  • damages should return claimant to position they were at before being affected by negligence
  • insurance covers most negligence damages
43
Q

Hunt v Severs

[2]

A
  • fiancee sued fiance for car accident but still married him

- ACTUALLY suing insurance company

44
Q

nuisance

A
  • unreasonably interfering with person’s use of their land (either owned or rented)
45
Q

trespass

A
  • interfering with another’s land (inc. throwing things onto it, etc.)
  • trespass of person (touching someone)
  • trespass of property (moving someone’s shit)

Media Law (22 decks)

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