Media Law: 4 Civil courts & procedure Flashcards
(45 cards)
1
Q
types of civil case in which jury CAN be used
[4]
A
- defamation
- malicious prosecution
- fraud
- false imprisonment
2
Q
admin HQ of High Court
[1]
A
- Royal Courts of Justice on the Strand
3
Q
divisions of High Court (and what they do)
[3]
A
- Family Division - marriages, children, families
- Chancery Division - money and property (business disputes, bankruptcy, tax cases)
- Queen’s Bench - biggest (specialist commercial/shipping, breach of contract, tort)
4
Q
DEF: tort
[3]
A
- civil version of a crime
- against individual rather than society/state
- can sue wrongdoer for compensation
5
Q
financial minimum for tort / contract case in High Court
[2]
A
- £15,000
- £50,000 for personal injury claims
6
Q
DEF: branch of Queen’s Bench in which public law is heard
[1]
A
- Administrative Division
7
Q
cases heard in county court
[4]
A
- debt repayments
- housing disputes
- some family cases
- tort / contract NOT heard in High Court
8
Q
number of county courts
[1]
A
- approx. 300
9
Q
number of county courts designated ‘divorce courts’
[1]
A
- approx. 170
10
Q
standard of proof in civil cases
[3]
A
- lower than in criminal
- ‘on a balance of probabilities’
- basically means over 50% chance they did it
11
Q
settlements
[4]
A
- happen between parties before court starts
- legally binding between parties, but NOT same as court decision
- settlements do NOT set precedents for future cases
- no one has “won”, so don’t use the word!
12
Q
costs
[1]
A
- judge decides who pays (usually loser pays the winner’s costs)
13
Q
recent developments avoiding paying costs
[6]
A
- conditional fee agreements
- ‘no win, no fee’
- since 1990s
- client pays no costs if loses
- lawyer paid percentage over normal fee if they win
- solicitor organises insurance to cover costs
14
Q
rules on processing civil litigation
[2]
A
- Civil Procedure Rules 1998 (CPR)
- courts have responsibility to ensure each party treated fairly but resources also allocated sensibly
15
Q
making a claim
[3]
A
- claimant fills in claim form outlining claim and remedy they want
- court sends to defendant, who has 14 days to reply with their defence
- if not enough time then they can send an ‘acknowledgement of service’ (extension to 28 days)
16
Q
if defendant doesn’t bother to fight
[3]
A
- judgement made ‘in default’
- in claimant’s favour
- still needs hearing to discuss damages
17
Q
‘tracks’ of civil litigation
[3]
A
- small claims track
- fast track
- multi-track
18
Q
small claims
[3]
A
- county court
- under £5,000
- faster, simplified procedure in which claimants can represent themselves
19
Q
exception to small claims track
[1]
A
- cases of possession (e.g. landlord evicting tenant who doesn’t pay rent), even if under £5,000
20
Q
fast track
[4]
A
- usually county courts
- £5,000-£25,000 (or £50,000 for personal injury)
- heard within 30 weeks
- hearing not longer than a day
21
Q
multi-track
[2]
A
- for most complex cases
- trial date not always set immediately
22
Q
pre-trial procedure
[4]
A
- both sides submit a ‘statement of case’
- witness statements, evidence, etc, laid out
- experts chosen (if needed)
- majority of cases settle and never pass this stage
23
Q
court procedure for fast/multi-track
[9]
A
- judge given ‘trial bundle’ to read before case starts
- claimant’s witnesses called first
- claimant’s lawyer asks whether their statements are true, plus maybe some supplementary questions
- cross-examined by defence, and maybe judge
- defence calls witnesses (same procedure)
- lawyers both address judge
- [if jury] judge sums up and jury retires
- [if no jury] judge may sentence immediately, or reserve judgement (in writing, either read out in court or ‘sent down’)
- judge makes order about who will pay legal fees
24
Q
DEF: lay person helping someone representing themselves
[1]
A
- Mackenzie friend
25
differences in small claims procedure
| [5]
- often take place in judge's office (though still a public hearing)
- less formal (esp. rules on what can be put forward as evidence)
- designed for claimant to represent self (can ask a friend to represent instead)
- judge asks questions to get to truth
- decision there and then, and judge must explain decision
26
licensing
| [4]
- for alcohol, public entertainment and late-night food
- previously magistrates decided
- now local council committee (Licensing Act 2003)
- appeal can still be made to magistrates
27
child safety orders
| [2]
- when child committed / was in risk of committing criminal act (if they were older)
- local authority applies to magistrate to have restrictions placed on child
28
sex offender orders
| [1]
- compel sex offenders to comply with court (e.g. obeying curfew or staying away from children)
29
what does any civil appeal need?
| [3]
- PERMISSION
- either from court that tried it originally or from appellate court
- only if realistic chance of success or compelling reason to re-hear (interesting point of law, etc.)
30
DEF: when High Court appeal by-passes Court of Appeal
| [2]
- 'leapfrog procedure'
| - appeal involves Lords' precedent, so Court of Appeal is waste of time
31
IMPORTANT: reporting appeals
| [2]
- judges on the same panel can disagree
| - ensure you know whether judge is with or against the majority when you report them
32
DEF: judge against majority on panel
| [1]
- 'dissenting' judge
33
number of judges on Court of Appeal panel
| [1]
- 3
34
number of judges on Supreme Court panel
| [1]
- 5 to 9 (for very important cases)
35
judicial review
| [3]
- mechanism by which decisions of public bodies can be held to account
- alleges that the decision is UNLAWFUL
- not concerned with issue of whether decision was right or wrong
36
ways in which decision can be considered unlawful
| [3]
- illegality
- irrationality
- unfairness
37
illegality
| [3]
- authority has misunderstood law
- acted within excess of its powers
- refused to act, believing (wrongly) that it did not have the power to do so
38
irrationality
| [2]
- decision 'so unreasonable that no reasonable authority could have made it'
- 'Wednesbury unreasonableness'
39
unfairness
| [2]
- if way in which decision was made was unfair
| - e.g. one side didn't get fair hearing, or possible prejudice against one side
40
if judicial review goes against public body
| [3]
- High Court overturns decision
- can make decision itself or turn it back to the public body
- decision may not necessarily change after all this
41
breach of contract
| [3]
- when terms of a contract are breached
- some terms agreed between parties, some by law
- can sue for damages
42
negligence
| [3]
- most important tort (civil wrong) in modern law
- damages should return claimant to position they were at before being affected by negligence
- insurance covers most negligence damages
43
Hunt v Severs
| [2]
- fiancee sued fiance for car accident but still married him
| - ACTUALLY suing insurance company
44
nuisance
- unreasonably interfering with person's use of their land (either owned or rented)
45
trespass
- interfering with another's land (inc. throwing things onto it, etc.)
- trespass of person (touching someone)
- trespass of property (moving someone's shit)
