Brainscape's Knowledge GenomeTM


Top Flashcards (Certified)
All Flashcards

Law > civil courts > Flashcards

civil courts Flashcards

(85 cards)

Start Studying
1
Q

which two civil courts hear trials

A

county and high

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

what two factors determine which court hears the trial

A

amount of damages being claimed and complexity

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

what can the county court try

A

all contract and tort claims for compensation

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

what are the 3 divisions of the high court

A

QBD, chancery and family

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

what does the QBD deal with

A

contract and tort cases where amount claimed is over £50,000

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

where are civik cases allocated to

A

one of three ‘tracks’

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

what does allocation of civil cases depend on

A

value and complexity of claim

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

small claims track

A

disputes under £10,000

personal injury under £1000

heard by district judge in county court

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

fast track

A

straightforward disputes of £10,000-£25,000

personal injury over £1000

heard by district/circuit judge in county court

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

multitrack

A

claims over £25000 or complex cases under this amount

heard in county court by circuit judge/ in high court by high court judge

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

what do appeals against liability and/or amount of damages from county court for claims under £25,000 depend on

A

the level of the judge who heard the trial

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

by who are appeals against liability and/or amount of damages from county court for claims under £25,000 heard by if the trial was heard by a district judge

A

circuit judge in same county court

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

by who are appeals against liability and/or amount of damages from county court for claims under £25,000 heard by if the trial was heard by a circuit judge

A

to a high court judge

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

is there a possibily of further appeal from trials heard initially in the county court for claims under £25,000

A

in exceptional cases

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

for which claim is the appeal route to the CA with a further chance of appeal to Supreme Court

A

claims over £25000 which have been dealt with as multitrack cases in county court

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

where will appeals against liability and/or amount of damages from the high court be heard

A

C/A and then Supreme Court

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
17
Q

what do appeal courts have the power to do

A

affirm, set aside or vary any order or judgement of the lower court

can also order new trial

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
18
Q

(brief) list 4 advantages of using civil courts

A
  • fair process
  • decision made by judge who is an expert
  • outcome is certain
  • appeal usually possible
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
19
Q

why is using civil courts a fair process

advantages in more depth

A

judge is impartial and everyone is treated alike. if it is a public hearing justice is seen to be done

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
20
Q

who makes the decision on liability in civil courts

advantages in more depth

A

after hearing all the evidence, the decision on liability is made by a judge who is a qualified and experienced lawyer

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
21
Q

why is the outcome certain in civil courts?

advantages in more depth

A

can be enforced through courts in a number of different ways

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
22
Q

possibility of appeal in civil courts?

advantages in more depth

A

usually possible to appeal against courts decision and there are set appeal routes

a part can also appeal about a tribunals decision and arbitration on a point of law. no appeal routes for other methods of resolving civil dispute

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
23
Q

list 4 disadvantages of using civil courts

A
  • expensive
  • takes a long time
  • very formal system
  • difficult for an ordinary person to deal without help of a lawyer
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
24
Q

why are costs of civil courts a problem

disadvantages in more depth

A

cost of taking a case to court often more than amount claimed

can cost 100s of 1000s of pounds in high court

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
25
why are claims for large amounts not settled for years | disadvantages in more depth
there are many preliminary stages to go through before the trial eg. evans v lilconshire hospital trust: damages for over £5 million awarded for injuies during birth caused by medical negligence- child was 11 before it was settled
26
what is the issue with courts being formal | disadvantages in more depth
can be intimidating to some individuals
27
why is the civil court system difficult for an ordinary person to deal with without the help of a lawyer (disadvantages in more depth)
set pre-action protocol must be followed in some cases before a case can start and parties must exchange certain information. there are various forms to complete during a case and further procdeures to follow as stated in CIVIL PROCEDURES RULES 1998
28
what does ADR stand for
alternative dispute resolution
29
what are the 4 methods of ADR
negotiation mediation conciliation arbitration
30
how does negotiation operate
party directly communicates with the person theyre in dispute with in an attempt to settle the dispute can be face to face or over phone/email etc parties can continue communicating until resolution is made/fails
31
what are the possible outcomes of negotiation
dispute is resolves and the outcome can be enforced in court if parties formally agree If negotiation fails, wronged party could sue in courts or use another method of ADR
32
Types of cases resolved by negotiation
All civil disputes
33
How does mediation operate
Neutral third party helps parties reach a compromise without imposing solution on them Mediator passes messages back and forth between parties until they reach own agreement Parties will choose exact method of mediation they want More formal method can involve a mini trail where each side presents a case to a panel composed of a Rep of ech side and neutral mediator
34
Possible outcomes of mediation
Dispute is resolved and outcome can be enforced in court if parties formally agree If mediation fails, wronged party could sue in the courts
35
What is CEDR
Centre for effective dispute resolution in London- family mediation association who offers mediation services for a range of family matters
36
How does conciliation operate
Neutral third party helps to resolve a dispute Conciliation plays more active role than mediator- suggesting ground for compromise and best option for reading a settlement
37
Possible outcomes of conciliation
Dispute is resolved and outcome can be enforced through courts if parties formally agree If conciliation fails, wronged party could sue in the courts
38
Types of cases solved by conciliation
Commercial cases between businesses
39
What is ACAS
Give impartial help and provide a conciliator in employment disputes
40
How does arbitration work
PArties agree to let a neutral third party make a binding decision If there is a written agreement to use arbitration then parties usually have to use arbitrator rather than judge- such as a clause in contract (Scott v Avery clause) Way in which arbitration operates left entirely to parties: may opt for paper arbitration/arbitration hearing with oral arguments and witnesses Parties free to agree on no of arbitrators and on appointment procedure- arbitrator usually expert in subject involved in dispute
41
Possible outcomes of arbitration
Award is usually final and can be enforced in court In limited circumstances award can be challenged in court on a point of law
42
Types of cases which use arbitration
Common for consumer contracts and increasingly popular in commercial cases
43
Advantages of negotiation
- completely private and least formal method - quickest and cheapest if lawyers aren't used - most cases settled out of court
44
Disadvantages of negotiation
- outcome not certain | - lawyers may be used and the longer this lasts the more it costs
45
Advantages of mediation/conciliation
- cheaper, quicker and less formal than courts - where business is involved, decisions based on commercial common sense than what law strictly requires- easier for parties to continue in business with each other - avoid winner/loser outcome of a court case - parties have control over resolution process and can stop at anytime
46
Disadvantages of mediation/conciliation
- no guarantee that matter will be resolved and may be necessary to go to court- cost and delays - without skilled mediator/conciliator it can become a bullying exercise- weaker party not able to stand up to own rights - amounts paid in settlements often lower than amounts awarded by courts to successful claimants
47
Advantages of arbitration
- dispute resolved more quickly than court hearing - usually cheaper than court- expensive witnesses not needed to be called if arbitrator is an expert - usually outcome is certain and award is final and can be enforced through courts - parties have freedom to make own arbitration agreement and decide on formality themselves
48
Disadvantages of arbitration
- parties may not be on equal footing as regards to ability to present their case- legal aid not available and may disadvantage individual who can't afford lawyer - professional arbitrators come with expensive fees - rights of appeal to courts limited - delays for commercial arbitration nearly as great as those in court if professional arbitrator and lawyers used
49
List the advantages of using ADR
- cheaper than court - quicker than court - parties in control - parties can go on doing business with each other
50
Why are methods of ADR cheaper than using courts | Advantages of ADR in more depth
Unlikely that parties will use a lawyer so it saves cost Most expensive is arbitration where lawyers are sometimes used but this is still cheaper than a court case
51
Why are parties in control with most forms of ADR? Advantages of ADR in more depth
Negotiation, mediation and conciliation- parties can choose to stop at any time Agreement only reached if both sides accept it
52
Why are parties able to go on doing business with each other using ADR (Advantages of ADR in depth)
Parties come to an agreement whereas court proceedings end with one party winning and one losing Likely to make parties bitter about dispute
53
List disadvantages of using ADR
- courts have greater powers - courts ensure fair process - civil courts allow appeals - legal aid more available for courts than ADR
54
Why do the courts have greater powers than ADR? Disadvantages of ADR in depth
Only through the civil courts can a party effectively force the other side to resolve a dispute Courts have greater powers to enforce their decisions
55
Why are civil courts more fair than ADR Disadvantages of ADR in depth
Civil courts ensure fair process supervised by a judge who is a trained and qualified expert in law/legal procedure
56
Why is it a disadvantage of ADR that you can appeal from civil courts Disadvantages of ADR in more depth
Limited rights of appeal with arbitration on a point of law but such appeals are rare
57
Why is legal aid not really available for ADR DISADVATAGES OF ADR IN DEPTH
Availability of legal aid for civil cases greatly reduced in recent years More widely available for court case than ADR
58
Who have tribunals been set up by
Parliament
59
Why have tribunals been set up
To operate alongside the court system so that people can enforce the rights from social and welfare legislation
60
Examples of types of tribunal cases include disputes over a persons right to:
- claim disability living allowance | - claim redundancy payments
61
What type of disputes do tribunals hear other than social and welfare legislation disagreements
Hear disputes where there has been professional misconduct e.g. Police and solicitors
62
Can the parties in tribunal cases go to court to resolve their dispute
No. The tribunal must be used instead
63
Which act created a first tier tribunal and upper tribunal
Tribunals, courts and enforcement act 2007
64
How many chambers does a first tier tribunal have
7
65
What do first tier tribunals hear
Relevant civil case
66
How many chambers does an upper tribunal have
4
67
What does an upper tribunal hear
Appeals
68
Who are first tier cases heard by
Tribunal judge and 2 lay members with relevant expertise in some cases
69
What must both sides be able to do in tribunals
Be able to put their case forward
70
Examples of more formal tribunals
Employment and asylum
71
How is formality ensured in some tribunals
Witnesses giving evidence on oath and being cross examined
72
Are all tribunals formal?
No some operate in a less formal way
73
What is the decision of the tribunal
Binding and enforceable through the courts
74
Will there be right to appeal from tribunals
Maybe based on legal reasons
75
Where do first tier tribunals appeal to
Upper tribunal
76
Where do upper tribunal appeals go
To court of appeal and finally to Supreme Court
77
List 4 advantages of tribunals
- cheaper than court - short and usually dealt with in one day - informal - lay members usually experts in the type of case heard
78
Why do tribunal hearings not involve the costs associated with court hearings Advantages of tribunals in depth
Applicants are encouraged to represent themselves and not use lawyers Applicant need not fear a large bill if they lose the case
79
Why is it that tribunal hearings are short Advantages of tribunals in depth
They were set up to prevent the overloading of the courts with the extra cases that social and welfare rights claims generate
80
Why are tribunal hearings more informal than court Advantages of tribunals in depth
Parties encouraged to present their own case rather than use a lawyer and most cases heard in private
81
Why is the presence of lay members an advantage in tribunal hearings Advantages of tribunals in depth
Two lay members sit to hear the case with the legally qualified tribunal judge Lay members are experts in the type of case being heard- this gives them good knowledge and understanding of the issue in dispute
82
List 4 disadvantages of tribunal hearings
- legal aid not available - delays - more formal than ADR - chair of tribunal may exert influence on other panel members
83
Why is lack of availability of legal aid a disadvantage of tribunals Disadvantages of tribunals in depth
May put applicant at a disadvantage if other side uses a lawyer
84
Why can there be delays in tribunal hearings Disadvantage of tribunals in depth
Large number of cases dealt with by tribunals Use of lay members add to problem as they only sit part time If a case is complex and lasts several days, this can lead to proceedings being spread over a number of weeks/months
85
Why are tribunals formal in comparison to ADR Disadvantages of tribunals in depth
Place is unfamiliar and the procedure can be confusing for the individuals presenting their own case

Law (39 decks)

Brainscape helps you reach your goals faster, through stronger study habits.
© 2025 Bold Learning Solutions. Terms and Conditions