Civil Courts Flashcards
(19 cards)
1
Q
Describe
The Jurisdiction of Kings Bench Divison
Civil, apart of jurisidiction exam question
A
- President is Lord Chief Justice
- Claims over £1000, but £25,000 and over claims can still be started here.
- Hear cases involving Contract Law, Tort Law, Commercial Court, Admirality Court.
- Carries out Judicial Review, to check on deciscion making bodies like the government.
- Case is heard by single judge, or jury if the crime has a right to jury.
- 65 judges who sit in KBD
- Expensive and long settle times, wait time can be 3 years.
2
Q
Describe
The Jurisdiction of Chancery Divison
Civil, apart of jurisidiction exam question
A
- Headed by Chancellor of the High Court, 65 judges sit here.
- Cases heard by single judge
- Hear cases involving laws in,
- Competition Law - Regulation of anti-competitive conduct of companies.
- Insolvency - People unable to repay debt.
- Probates - Administering a dead persons estate
- Intellectual Property - Establishment and protection of intellecutual creations such as inventions.
- Expensive and long settle time.
3
Q
Describe
The Jurisdiction of Family Division
Crime and Courts Act 2013
Civil, apart of jurisidiction exam question
A
- Headed by President of the Family Divison, 17 judges sit here.
- Case heard by one Judge
- Hear disputes on what countries laws apply.
- International cases such as family matters under Hague Convention.
- Ward Ship cases, complex divorces, Child Abduction, Female Genital Mutilation and Forced Marrige.
Crime and Courts Act 2013 - Created a new seperate Family Court, majority of issues handled there, but complex issues can be handled here.
4
Q
Describe
The Civil Case Pre-trial Procedure
Civil, apart of Pre-trial
A
- The claimant will start the claim by completing an N1 claim form. This asks for details of the claim, including the estimated value.
- A copy of the N1 form is then sent to the defendant. The defendant has 14 days to respond to the N1 form. If they do not respond within this time frame, they will lose the case by default.
- D can acknowledge and pay damages, acknowledge but dispute amount claimed, or send an acknowledgement of service and defence within 14 days to dispute.
- Once a civil case is defended, both the claimant and defendant are asked to fill in a questionnaire about the civil matter.
- A Judge will then allocate the case to one of the four tracks. This will be based on the value and/or complexity of the claim.
5
Q
Describe
Small Claims Track
Civil, apart of tracks questions.
A
- Hear cases less than £10,000 / £1500 for personal injury claims.
- Parties encouraged to represent themselves to keep costs down.
- Winning party cant get losing party to pay their legal fees.
- Heard in private, by a District Judge in County Court, who takes an active role in dispute.
- More informal and strict laws of evidence are not followed.
6
Q
Describe
Fast Track
Civil, apart of tracks questions
A
- Hear cases from £10,000 to 25,000 / Over £1500 for Personal Injury.
- Heard by Circuit or District Judge in County Court.
- Courts set strict time-table for pre-trial matters, to prevent time waste and unnecessary costs,
- Case should aim to be heard durign 30 weeks of issue, but can be 50 weeks.
- Much more formal than small track.
- Hearing are limited to one day, only one witness-expert can give evidence
7
Q
Describe
Intermediate Track
Civil, apart of tracks question
A
- Current limit is £25,000 to £100,000
- Heard in County Court by Circuit Judge
- Case will be heard within 3 days.
- Two expert witnesses are allowed.
- Judge allocates a band within the case depending on the matters.
8
Q
Describe
Multi-Track
Apart of tracks question.
A
- Cases valued over £100,000
- Heard in KBD High Court by High Court Judge.
- Heard formally in an open court.
- Can last for several days.
- Expert Witnesses are allowed.
- Judge must manage case, identifying issues in early stage, encourage use of ADR if appropriate, deal with steps that don’t require parties at court, and set timetables for when each stage of claim must be complete.
9
Q
Decribe
Appeals in General
Apart of appeals civil
A
- Each High Court division can hear appeals from cases of first instance.
- And for only the KBD, case-stated appeals from Magistrates Court on a point of law.
- Reason to appeal may be in trial of first instance, error of fact / law / procedural unfairness.
- Leave to Appeal must be granted before appealing to higher court.
10
Q
Describe
Appeals from the County Court
S.55 of the Access to Justice Act 1999
Civil, Appeals question
A
First Routes of Appeal
* Appeal route depends on level of judge hearing the case.
* If heard by District Judge, then appeal to Circuit Judge in the County Court.
* If heard by Circuit Judge, then appeal to High Court Judge in the High Court.
Second Routes of Appeal
* Second/Further appeal to Court of Appeal (Civil Division)
* Only allowes in exceptional circumstances.
S.55 of the Access to Justice Act 1999 - No appeal can go to COA unless, would raise important point of principle/law or has a compelling reason.
11
Q
Describe
Appeals from High Court and Further Appeals
Civil, Appeals Question
A
- Goes to the Court of Appeal (Civil Division)
Administration of Justice Act 1969 - There can be a leapfrog appeal to Supreme Court in rare cases.
- Must involve a point of law of general importance, such as interpretation of act or precedent which judge has to follow.
- Need a permission to Appeal.
Further Appeals
* COA to Supreme Court, with permission to appeal, and if case involves a point of general public importance.
12
Q
Evaluate
Legal Expertise, Advantage of Civil Courts
- What do the parties in civil court benefit from?
- How long is a judges experience? This makes them more? Which will lead to?
- What does this make the decision? Which means less?
A
- Having their case decided by a qualified judge.
- Many years of experience, most knowledgeable on the law, so leads to fairist deciscion.
- Deciscion is accurate and in accordance with the law so less appeals.
13
Q
Evaluate
Enforceable Outcomes, Advantage of Civil Courts
- What is a desicion made in the court?
- What happens if the losing party fails to abide with this?
- What is served, when D has to pay compensation? Is the D more likely to pay compensation and why?
A
- The deciscion is legally binding.
- If losing party fails to abide with the court’s descision, get taken back to court for enforcement proceedings.
- Justice is served, as D is more likely and is forced to pay compensation.
14
Q
Evaluate
Routes of Appeal, Advantage of Civil Courts
- What can someone unhappy with decision do?
- What happens if a judge makes a unfair or inaccurate decision? What does this make the process?
- What is alwasy and risk in a decision? What happens when appealed?
A
- Appeal and get deciscion reviewed by an higher court.
- Affected party has the option to challenge this and get it overturned, which makes the process fairer.
- There is always an risk of a wrong deciscion, so another impartial judge can make the decision.
15
Q
Evaluate
Access to Justice, Advantage of Civil Court
- What rules have improved access? Why has it improved access?
- What can more C afford? They can get? Why is this fair?
- Why is there no discrimination?
A
- Civil Procedure Rules, as it is now cheaper and easier to bring a claim.
- To take the case to civil court, to get justice for their law issue, as people are not stopped due to their socio-economic status.
- As everyone can make a claim to somebody breaking the law, so everybody gets equal or fair justice.
16
Q
Evaluate
Cost, Disadvantage of Civil Courts
- Is there a significant cost to take case to civil court? Why is this unfair?
- What can some C not get? Why can’t they get it? What makes this true?
- What are people less incentivised to do? Which leads to?
A
- Significant cost, as can deny some people access to justice.
- Unable to get justice for civil issue, as they cant’t afford the cost to make claim, and there is limited legal aid available which makes this true.
- Discouraged from starting aclaim, so they will not recieve compensation or justice as a result, making civil courts uneffective.
17
Q
Evaluate
Long Delays, Disadvantage of Civil Courts
- What leads to cases taking years to be decided?
- How long would parties generally wait for? Leaves C with? Fair?
- What happens in business disputes? Leads to?
A
- Pre-trial procedures to take civil action and huge case backlogs.
- Waiting years for settled case, financial burden or harship on C throughout this long period, which is unfair.
- Companies still have to work together, so this leads to a hostile relationship.
18
Q
Evaluate
Complicated, Disadvantage of using Civil Courts
- What can the procedure be for lay people?
- What is the rule of law? What has the Civil Procedure Rules failed to do? What would ordinary person have to do?
- This can stop people? Leads to no?
A
- Confusing and intimidating to understand.
- Law shoud be clear and accessible for lay people, failed to make the process in Civil Courts less complex, hire Solicitor as too complicated which will incur addtional costs, as didn’t understand.
- Deters people from making a claim, as don’t understand, so law breaker gets off free with no justice.
19
Q
Evaluate
Adversarial, Disadvantage of Civil Courts
- In a civil court case there will always be? Which makes?
- What can’t be achieved? What does loser have to do? What does this encourage?
- What can parties struggle to maintain over decision? And why?
A
- A winner and loser, which makes future relations between parties difficulty.
- No compromise can be achieved in civil court, loser pays all of the cost, so negative feelings are encouraged between the parties.
- Struggle to maintain personal or business relationship, due to fallout from descision, as one won and the other lost.
