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tort law (aqa) > Mini-topics > Flashcards

Mini-topics Flashcards

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1
Q

How is a civil court case started?

A

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

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2
Q

What are the two courts of first instance?

A

County and High court

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3
Q

What are the two appeal courts?

A

Court of Appeal and Supreme Court

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4
Q

What is the hierarchy of courts?

A

County -> High -> CoA-> SC

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5
Q

What cases do county courts hear?

A

small claims, fast track and uncomplicated multi-track

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6
Q

What cases do the high court hear?

A

all cases - it has unlimited jurisdiction

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7
Q

What are the three divisions of high court?

A

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

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8
Q

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

A

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

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9
Q

What is the small claims track?

A

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

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10
Q

What are fast track cases?

A

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

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11
Q

What are multi-track cases?

A

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

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12
Q

What are intermediate track cases?

A

Cases between £25,000 and £100,000

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13
Q

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

A

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

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14
Q

What is the hierarchy of judges?

A

District -> Circuit -> High Court Judge

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15
Q

What is a negotiation in civil disputes?

A

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

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16
Q

What is mediation for civil disputes?

A

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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17
Q

What is a tribunal?

A

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

18
Q

What are the three types of tribunal?

A

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

19
Q

What act created a new system for tribunals?

A

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

20
Q

What is the decision of tribunals?

A

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

21
Q

What are the three institutions that make up Parliament?

A

House of Commons, House of Lords and the Monarchy

22
Q

What is Dicey’s definition of Parliamentary Supremacy?

A

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

23
Q

What are the two types of papers for laws?

A

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

24
Q

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

A

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

25
Q

What are the four influences on Parliamentary law making

A

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

26
Q

What does ‘law reform’ mean?

A

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

27
Q

What is the law commision? name the key act

A

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

28
Q

Name two examples of recent reforms by the law commission

A

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

29
Q

What are the three stages to law reform?

A

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)

30
Q

What are the advantages of reform through the Law Commission

A

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

31
Q

What are the disadvantages of reform through the Law Commission

A

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

32
Q

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

A

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

33
Q

What are the four superior judges?

A

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

34
Q

What do Justices of the SC do?

A

-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

35
Q

What is the Practice Statement 1966?

A

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

36
Q

What does the Lord Chief Justice do?

A

-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

37
Q

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

A

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

38
Q

What do High Court Judges do?

A

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

39
Q

What are the five legal advice methods?

A

-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)

40
Q

What are the 5 legal funding methods for civil cases?

A

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

tort law (aqa) (8 decks)

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