Civil Court Process Flashcards
What is Civil law about?
Civil law and criminal law are very separate.
Civil law is about:
Private disputes between individuals or businesses. There are many different areas of civil law: Contract, Tort (negligence ), family, employment and company law.
Describe the court structure
Supreme Court ⬆️ Court of Appeal Civil division| Criminal division ⬆️ High court Queens bench division| chancery division| family division ⬆️ County court
Describe the powers of the county court:
Powers: court of first instance
- try nearly all civil cases eg Contact, Tort, landlord and Tenant disputes, inheritance cases, divorce and bankruptcy cases
- up to £30 000
- try cases in 3 tracks
- have a higher workload that high court
- cases heard in public court except family related
- jurisdiction is limited financially and geographically
- full court trials are formal and expensive
- personal injury claims under £50 000 must be started in this court
Describe the remedies of county court:
-can grant compensation
-injunctions (eg if abusive partner I can go to court for injunction to get him away)
If judge decides that claimant is entitled to damages, he or she will go in to decide the amount
-declaration -an order specifying the precise boundary between two properties about which parties had never been able to agree
Judge needs to decide appropriate remedy