Overview of a Civil Claim Flashcards
(20 cards)
Q: What is the main difference between civil and criminal litigation?
A) Civil litigation involves the state prosecuting an individual
B) Criminal litigation seeks monetary compensation
C) Civil litigation involves disputes between private parties
D) Criminal litigation always involves financial disputes
C) Civil litigation involves disputes between private parties
Q: What is typically the claimant’s goal in a civil case?
A) To punish the defendant for wrongdoing
B) To obtain a remedy, usually monetary compensation
C) To send the defendant to prison
D) To have the defendant removed from society
B) To obtain a remedy, usually monetary compensation
Q: Which of the following is NOT a civil dispute?
A) A breach of contract claim
B) A negligence claim against a professional
C) A dispute over child custody
D) A prosecution for burglary
D) A prosecution for burglary
Q: What is the main purpose of the pre-action stage?
A) To encourage parties to resolve disputes before court proceedings
B) To allow the defendant time to destroy evidence
C) To immediately proceed to trial
D) To prevent witnesses from being called
A) To encourage parties to resolve disputes before court proceedings
Q: What document does the claimant file to begin a civil case?
A) Defence
B) Claim form and particulars of claim
C) Expert witness report
D) Appeal form
B) Claim form and particulars of claim
Q: What must the defendant file to dispute the claim?
A) A counterclaim only
B) A defence document
C) A letter to the court
D) A formal complaint against the claimant
B) A defence document
Q: Which factor does NOT determine how a civil claim is allocated to a case management track?
A) The amount of money in dispute
B) The complexity of the case
C) The number of witnesses involved
D) The age of the claimant
D) The age of the claimant
Q: Which track is used for low-value claims (typically under £10,000)?
A) Fast track
B) Small claims track
C) Multi-track
D) Complex litigation track
B) Small claims track
Q: What type of evidence is exchanged before trial?
A) Disclosure of documents
B) Witness statements
C) Expert reports
D) All of the above
D) All of the above
Q: What are the judge’s two main roles in a civil trial?
A) Deciding issues of fact and applying the law
B) Punishing the defendant and enforcing penalties
C) Conducting cross-examination and negotiating settlements
D) Acting as the claimant’s advocate and enforcing the claim
A) Deciding issues of fact and applying the law
Q: What can the claimant do if the defendant fails to comply with the court’s order?
A) Seek enforcement (e.g., seize assets)
B) Ask the court for a retrial
C) Send the defendant to prison
D) Nothing, as court orders are not enforceable
A) Seek enforcement (e.g., seize assets)
Q: What is a key advantage of using Alternative Dispute Resolution (ADR)?
A) It avoids lengthy and costly litigation
B) It is only available for commercial cases
C) It is mandatory in all cases
D) It ensures the defendant loses the case
A) It avoids lengthy and costly litigation
Scenario: The claimant files a claim, but the defendant does not respond within the required time.
What happens next?
A) The case is automatically dismissed
B) The claimant wins by default
C) The case proceeds to a full trial
D) The court forcibly appoints a defence lawyer
B) The claimant wins by default
Scenario: The claimant and defendant disagree on whether the defendant was negligent in a car accident.
Who decides this issue at trial?
A) The solicitors
B) The judge
C) The witnesses
D) The claimant
B) The judge
Scenario: The claimant alleges that they suffered a financial loss, but the defendant denies it.
What must the claimant provide?
A) Bank statements and financial records
B) A verbal explanation
C) A complaint to the police
D) A character reference
A) Bank statements and financial records
Scenario: A claimant in a medical negligence case needs to prove the doctor’s treatment was incorrect.
What type of evidence is required?
A) Witness statements from family members
B) Expert medical reports
C) The claimant’s personal opinion
D) A written apology from the doctor
B) Expert medical reports
Scenario: A claimant seeks £20,000 for a breach of contract.
Which track is the case likely to be allocated to?
A) Small claims track
B) Fast track
C) Multi-track
D) It will be dismissed
B) Fast track
Scenario: A defendant is ordered to pay £15,000 but refuses.
What can the claimant do?
A) Ignore the issue
B) Apply for enforcement (e.g., seize assets)
C) Force the defendant to attend another trial
D) Request a retrial
B) Apply for enforcement (e.g., seize assets)
Scenario: The defendant loses the case and believes the judge made a serious error.
What is the correct procedure?
A) File an appeal to a higher court
B) Request a new judge
C) Refuse to comply with the judgment
D) Claim that the trial never happened
A) File an appeal to a higher court
Scenario: A dispute has already reached court, but the parties now wish to settle out of court.
What should they do?
A) Proceed with a full trial anyway
B) Attempt mediation or negotiation
C) Withdraw the claim with no settlement
D) Request a jury trial
B) Attempt mediation or negotiation
