Civil Courts Flashcards

(27 cards)

1
Q

Civil claim definition

A

When an individual or business believes it’s rights have been infringed.

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2
Q

When an individual or business believes it’s rights have been infringed.
What is this the definition of?

A

A civil claim

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3
Q

The courts where civil cases are tried?

A

1) County Court
2) High Court

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4
Q

Which court has divisions?
And what are they?

A

High Court
1) Queen’s Bench Division
2) Chancery division
3) Family division

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5
Q

Queen’s Bench division
Chancery division
Family division
These are all divisions of which Court?

A

High court

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6
Q

What are the main areas of jurisdiction for the County Court?

A

1) all contract and tort claims
2) recovery of land
3) disputes over equitable matters up to a value of £350,000.00

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7
Q

Queen’s Bench Division deals with?

A

Contract and tort cases over £100,000.00.
Can also hear appeals from the Magistrates’ Courts in criminal cases.

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8
Q

Contract and tort cases over £100,000

Can also hear appeals from the Magistrates’ Courts in criminal cases.

Which Court?

A

Queen’s Bench Division

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9
Q

What main areas does the
Chancery division of the High
Court cover?

A

Business and commerce
Copyright and patent
Probate (Wills)
Trusts

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10
Q

Main jurisdiction of the Family division of the High Court?

A

Family cases where there is a dispute about which country’s laws should apply.

Family Court is separate as of Crimes and Courts Act 2013.

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11
Q

If a claim is for £10-100k which court does a case start in?

A

County Court

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12
Q

If a claim is less than £10k which Court does it start in?

A

It doesn’t, it must go to the..
Small Claims Track

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13
Q

If a personal injury claim is for £1k or less which Court does it start in?

A

small claim track

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14
Q

If a personal injury claim is for £1-50k which court does it start in?

A

County Court

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15
Q

If a case is a claim for
-£100k+
or
-personal injury £50k+
Which court does it start in?

A

Choice between County or
High Court

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16
Q

Which Court do Circuit/ District judges sit in?

17
Q

What are the 3 tracks for a civil claim?

A

1) Small Claims Track-Less than £10k
2) Fast Track-£10-25k
3) The Multi-Track £25k+ or complex cases

18
Q

Who recommended the present system of justice in the 1990’s?

19
Q

What are Lord Briggs’ proposals for the future of civil cases?

A

1) private mediation service in the County Court
2) Online Court

20
Q

1) private mediation service in the County Court
2) Online Court

Who has proposed these changes to the CivilCourt system?

21
Q

What is the process of appeals from the County Court?

A

1) Heard by District judge?
Appealed to Circuit Judge
2) Heard by Circuit Judge? Appealed to the High Court

22
Q

Which Court would hear second appeals?

A

Court of Appeal (Civil Division)

23
Q

What statute sets out the conditions for a second appeal in Civil cases?

A

555 Access to lustice Act
(1999)

24
Q

555 Access to Justice Act (1999)
What does this statute set out for in civil cases?

A

The requirements for a second appeal in civil cases.

25
What is the process for an appeal from the High Court?
Either 1) Court of Appeal (Civil Division) Or. .. 2) leapfrog to Supreme Court
26
Advantages of using the Courts to settle a civil case?
1) Authority from the courts in case of success. 2) Conducted by a legal expert 3) Appeals process
27
Disadvantages of using the Courts to settle a civil dispute?
1) Cost 2) Delay 3) Complicated process 4) Uncertainty