civil courts Flashcards
(24 cards)
what are the two ways to solve a dispute
-using the civil courts
-alternative dispute resolution (ADR)
how hears the initial trial (first hearing )
either the County Court or the High Court it depends on the money that is being claimed for.
what is initial trials also known as
courts of first instance
what is the civil court hierarchy
top:
-supreme court
-court of appeal
-high court-kings bench division
-county court
where to civil trials take place in
either
the county court
or high court
what are the tracks
high court (kings bench division)
county court multi-track
county court fast-track
county court small claims track
what is the high court (kings bench division) claim and injury fees
claim above £100,000
personal injuries above £50,000
what is county court multi-track fees
any claims not in the fast track or small claims track
what is the county court fast-track fees
claims up to £25,000
personal injuries up to £50,000
what is the county court small claims track fees
claims up to £10,000
personal injuries up to £1,000
what is county court
it deals with civil (non-criminal) matters
civil courts arise where an individual or a business believes their rights have been infringed (wronged)
what happens at the trial
parties can represent themselves or use barristers or solicitors to act on their behalf
what is a district judge
a full-time judge who deals with the majority of cases in the county courts
what is a circuit judge
a more senior judge to a district judge
who are recorders
a judge who may sit in both crown court (criminal) and county court but must start by sitting in the crown court
what is a sit for
to hold a session at court or perform an act that is judicial in nature
who sits in the county court
district judge
circuit judge
recorders
what power does high court have
it has power to hear any civil case and has three divisions. this is for administrative (paper work) purpose and to enable High court Judges to become specialists in a particular area of law
what are the three high courts divisions
kings bench division
chancery division
family division
what is the kings bench division
its main work is hearing cases involving contract and tort (negligent) cases.
what is the chancery division
its the largest unit for handling business and property cases in the country
also deals with disputes matters such as land, wills and insolvency
what is the family division
it deals with some aspects of divorce, children’s welfare and medicals treatments
what does insolvency mean
when an individual or business cannot pay its debts. it is usually accompanied by having more liabilities than assets
what does appellate (appead) courts mean
courts that hear appeals from first-instance decision