civil court system

Question 1

what cases do the county court deal with? (3)

Answer 1

-all contract and tort claims
-all cases for the recovery of land
-disputes over equitable matters such as trusts up to a value of £350,000

Question 2

what judges sits in the queen bench division? (2)

Answer 2

heard by a single judge but there is a right to jury trial for fraud, libel, slander, malicious prosecution and false imprisonment cases.

Question 3

what other courts in the chancery division? (1)

Answer 3

the companies court which deals with winding up companies.

Question 4

what are the 3 divisions of high court? (3)

Answer 4

-family division
-chancery division
-queens bench division

Question 5

what are the jurisdiction of the high court? (1)

Answer 5

can hear any civil case.

Question 6

what claims do the county court over see? (4)

Answer 6

claims for £100,000 or over
personal injury case claim for £50,000 or over

Question 7

what judges sit in the count court? (2)

Answer 7

cases in the county court are held by a circuit or district judge. for rare occasions a judge will sit with a jury of 8 but will only happen for cases of defamation or for torts of malicious prosecution or false imprisonment.

Question 8

what are the disadvantages of the civil court system? (3)

Answer 8

-cost- cost of taking a claim to court are often more than the amount claimed
-complicated process- are many preliminary stages to go through that add duration to a case.
-uncertainty- it is uncertain whether you will win a case. person who loses may have to pay the other sides costs.

Question 9

what is the hierarchy of the civil court system? (5)

Answer 9

-county court
-high court
-court of appeal
-supreme court
-the European court of justice

Question 10

what is the role of civil courts? (1)

Answer 10

to hear civil cases such as tort and contract claims.

Question 11

what are the advantages of using the civil court system? (3)

Answer 11

-the process is fair in that everyone is treated alike, judge is impartial.
-a trail is conducted by a legal expert with the decision being made by a judge who is an experienced and qualified lawyer.
-can be possible to get legal aid (though has been reduced) (not usually available in tribunals and other methods of dispute resolution)

Question 12

what are the specialist courts within the queens bench division? (3)

Answer 12

-commercial
-admiralty
-administrative

Question 13

what does the commercial court deal with? (3)

Answer 13

deals with matters such as insurance and banking

Question 14

what are the 3 tracks for claims? (3)

Answer 14

-small claims track
-fast claims track
-multi-claims track

Question 15

what is the purpose of a pre-action protocol? (1)

Answer 15

to reduce the time spent in court therefore reduce the costs.

Question 16

what type of judge sits in the family division? (1)

Answer 16

cases are heard by a single judge, though jury’s used to be used for divorces cases they are no longer used in this division.

Question 17

what is a pre-action protocol? (2)

Answer 17

this is a list of things to be done and if the parties do not follow the procedure and give the required information to the other party, they may be liable for certain costs if they then make a court claim.

Question 18

what type of judge is sat in a chancery division court? (1)

Answer 18

cases are heard by a single judge and a jury is never used.

Question 19

what is the jur