Legal system Flashcards
(10 cards)
County court 8m
Nearly all civil cases
Open court
1 judge (usually circuit)
Can be a district judge or recorder (not complex case)
Judge reads papers, hear evidence/arguments
Includes small claims track (less than £10,000)
less than 100k claim and 50k in personal
example - negligence, insolvency
High court 8m
Open court
Read case papers, hear evidence/arguments
Any civil cases
Decide liability and compensation
3 divisions (specialist court)
small, complicated issue
KBD - largest, small but complex, contract and tort law
Chancery - business/property, such as insolvency list
Family - private and complicated, relate to welfare of children, foreign element
Pre-trial for civil cases 8m
Claimant - any court, file N1 (legal letter to start proceedings), pay a fee (necessary claim) , under 5k = £120
Defendant - notified, 3 months to investigate and respond, admit (pay full) or deny (N9 form to acknowledge or a defence in 14 days), didn’t deny or admit = claimant ask for an order in default
ADR = before court must look at ADR, arbitrate/ conciliate/ mediate/ negotiate, frowned upon
Which court depends on the tracks = small claims, fast and multi
Hierarchy of civil courts 8m
Small claims court = least serious, up to 10k or 1k in personal, district judge
County court = appeals from small claims, circuit or district judge, open court, not serious
High court (KBD and Family) = appeals from county court, any civil case, KBD for contract and tort, family for welfare of children
COA = appeals from high court (sometime county), superior court, 3 judges
Supreme = most superior court, extremely hard to get an appeal hear, issue of national importance, can overrule any decision including its own
Track system 8m
Small claims - up to 10K or 1K in personal, less major, least formal, county court, district judge, discourage lawyers, low compensate, limited number of witnesses, hearing max of 3 hours
Fast - 10 to 25K, straightforward, county, circuit, strict timetable (max of 30 weeks), don’t follow timetable - thrown out, may have lawyers, one day in open court
Multi - over 25K or complex, circuit, county, more costs and time, case managed by judge, sets limit on witnesses, can be high if complex or more than 50K
Appeals and appellate courts 8m
Divisional court, COA and supreme
Affected by claim value and judge level
Consists of legal arguments as to why decision should be altered
Goes to next court with 3 judges
Rare to hear new evidence
Within 21 days of original trial
Costs increase (need lawyers they didn’t before)
Can agree with original decision, reverse it or alter compensation
Prerogative, prohibition or quashing orders
Adv and disadv of small claims 12m
Adv = low cost, if lose don’t have to pay other’s costs, quick, judges help to explain case
Disadv = no legal funding (may do ‘no win no fee’), if other party is a business they’ll have a lawyer, judges don’t always help, only 60% of winners receive compensation
Adv and disadv of fast track 12m
Adv = lower average waits for court (30 weeks), strict timetable prevents wasted time or money
Disadv = costs are disproportionate to compensation (not enough to cover lawyers), if other party is a business they’ll have a lawyer
Adv and disadv of multi track 12m
Adv = strict timetable prevents wasted time or money, more experienced judges are used
Disadv = takes a long time to go to court (more issues?), expensive due to complexity/long time in court
Civil appeals
County court appeals
- Heard by district, same court but heard by circuit
- Heard by circuit, go to high court by relevant division
High court appeals
- To the COA, civil divison, need leave, issue of implementation of law
- To supreme, ‘leapfrog’, can be issue of national importance or anything that requires a leap
COA appeals
- To supreme, need leave, issue of national importance
Can appeal on basis of
- error in fact
- error in law
- new evidence
