LAA - Keywords Flashcards
Aims and purpose of civil law
Civil law exists to protect people and businesses in our society. The civil law sets out the rights and duties of individuals and businesses.
If a civil wrong is committed and the party at fault is found liable, the purpose of the case is to find a solution or remedy.
Standard of Proof
In a civil case, the decision is made on a ‘balance of probability’.
To make a decision against the defendant the judge has to be over 50% sure that they are liable.
Standard of Proof is the level of certainty with which the claimant’s case must be proved.
Burden of Proof
In civil cases, the claimant must prove their case tot he required standard and on the balance of probabilities.
County court
Court for civil and criminal court.
Small claim
Claims up to £10,000 or personal injuries up to £1,000.
Fast track
Claims up to £25,000 and personal injuries up to £50,000.
Multi Track
Any claim not in fast track or small claims track.
High court (King’s Bench Division)
Claim above £100,000 or personal injuries above £50,000.
Judges
One who makes judgements and final decisions in the court.
Alternative Dispute Resolution (ADR)
ADR refers to ways of resolving disputes that do not involve going to court.
Arbitration
A service that provides an impartial referee to settle disputes.
Conciliation
A process where an impartial expert (known as a conciliator) encourages the two sides to come to an agreement between themselves.
Mediation
A process that focuses on working on the relationship between the parties involved.
Negotiation
Negotiation is a direct discussion between two parties to find a solution to their dispute. This is often conducted between the parties themselves.
Ombudsman
An ombudsman is a person who investigates complaints about organisations. They may be able to help resolve a complaint without going to court.
There are different ombudsmen for different industries, such as the Financial Ombudsman Service for the financial sector.
