Mini-topics Flashcards by Jessica Root

How is a civil court case started?

1.Pre-action protocol (sharing info)
2.N1 claim form
3.Pay appropriate fee

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What are the two courts of first instance?

County and High court

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What are the two appeal courts?

Court of Appeal and Supreme Court

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What is the hierarchy of civil courts?

County -> High -> CoA-> SC

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What cases do county courts hear?

small claims, fast track and uncomplicated multi-track

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What cases do the high court hear?

all cases - it has unlimited jurisdiction

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What are the three divisions of high court?

Chancery - involving money
Kings Bench (KBD) - main jurisdiction
Family - marriage, divorce, adoption etc

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What are the four tracks of civil cases? name the key act

Introduced under The Civil Procedure (Amendment No.2) Rules 2023:
-Small Claims Track
-Fast Track
-Intermediate Track
-Multi-Track

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What is the small claims track?

Used for cases under £10,000 or personal injury up to £1,000 - tried in county court first

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What are fast track cases?

Cases between £10,000 and £25,000 -
tried in county court first

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What are multi-track cases?

Cases over £100,000 - can be heard in county under £50,000 or high court if claims are above this

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What are intermediate track cases?

Cases between £25,000 and £100,000

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What is the law on appeals in civil courts? name the key act

Access to Justice Act 1999 - Lord Chancellor specifies the destination of appeals

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What is the hierarchy of judges?

District -> Circuit -> High Court Judge

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What is a negotiation in civil disputes?

resolving disputes settled out of court which involved an exchange of information - no set procedure

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What is mediation for civil disputes?

an informal voluntary procedure where a neutral third party reach a compromise - procedure for mediator to share viewpoints and there can be a formal mediation conference

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What is a tribunal?

operate alongside court system, not an alternative to court as the court system is not available for these type of cases; domestic, employment, administrative

What are the three types of tribunal?

Administrative - enforcement of social and welfare rights
Employment - employment rights and discrimination
Domestic - dealt with by professional body responsible

What act created a new system for tribunals?

The Tribunals, Courts and Enforcements Act 2007 - created ‘First Tier Tribunal’ operates in chambers, ‘Upper Tribunal’ to hear appeals

What is the decision of tribunals?

Legally binding, appeals can be taken to Court of Appeals then Supreme Court

What are the three institutions that make up Parliament?

House of Commons, House of Lords and the Monarchy

What is Dicey’s definition of Parliamentary Supremacy?

1.Parliament can legislate on any subject matter with no limits
2.Parliament cant be bound by predecessors nor bind successors
3.No body has the right to override Acts of Parliament

What are the two types of papers for laws?

Green paper - an idea for a new law
White paper - a firm proposal for a new law

What are the 7 legislative stage for a bill being passed?

First reading - intro, no debate/vote
Second reading - principles and vote
Select Committees - detailed examination and amendments
Report - approve/reject amendments
Third Reading - final vote (formality)
Opposite house -repeats in HoL/HoC
Royal Assent - monarch approval

What are the four influences on Parliamentary law making

-Political -Public opinion/media -Pressure groups -Lobbyists

What does ‘law reform’ mean?

The process of changing and updating laws to reflect current views of society

What is the law commision? name the key act

The main reform body, set up in 1965 by the Law Commissions Act - consists of a High Court Judge (chairman) and four law commissioners who are highly qualified lawyers

Name two examples of recent reforms by the law commission

Coroners and Justice Act 2009 - Abolished provocation to murder and replaced with loss of control Consumer Rights Act 2015 - legal right to refund faulty goods in a reasonable amount of time

What are the three stages to law reform?

Codification - bringing all law into one code of law (e.g Fraud Act 2007) Consolidation - combining law from several acts into one act (e.g OAtPA 1861) Repealing - new act takes precedence (e.g Theft Act 1968 repealed Larceny Act 1916)

What are the advantages of reform through the Law Commission

-Researched by legal experts -Non-political -Can simplify and modernise law

What are the disadvantages of reform through the Law Commission

-Government doesn’t follow all recommendations of commission -Government doesn’t have to consult Law Commission on changes -Lack of Parliamentary time to reform

What are three inferior judges and what court do they sit in?

-Circuit Judge, Crown Court -Recorders, Crown Court District Judge, Magistrates

What are the four superior judges?

-Justices of the Supreme Court -Lord Chief Justice -Lord Justices of Appeal -High Court Judges

What do Justices of the SC do?

-Sit in Supreme Court and Privy Council -Sit as uneven panel (usually 5) -Any decision becomes precedent for lower courts, however they can use Practice Statement 1966

What is the Practice Statement 1966?

Supreme Court has the ability to depart from previous decisions if it ‘appears right to do so’

What does the Lord Chief Justice do?

-Head of Judiciary - created by Constitutional Reform Act 2005 (currently Lord Ian Burnett) -Can hear cases in any court but usually sits in Court of Appeal -Responsible for training, welfare, guidance of judiciary

What do the Lord Justices of Appeal do? (Civil)

-Civil division hears appeals from High Court, County Courts and Tribunals -Sit in Court of Appeals as a panel of 3

What do High Court Judges do?

-Sit in High and Crown Court in KBD to hear criminal appeals from magistrates court as a panel of two

What are the five legal advice methods?

-Help Lines (CLA is gov funded) -Law Centres (free advice and representation) -Citizens Advice Bureaux (mainly social welfare problems) -Trade Unions (work-related problems) -Lawyer schemes (Bar Pro-Bonos)

What are the 5 legal funding methods for civil cases?

-LASPO 2012 unless it includes childrens rights, mental health or asylum cases -Means testing considers income and capital -Own money -Insurance -Condition Fee Agreements