Section A: The Legal System Flashcards
What is the County Court?
The County Court deals with civil (non-criminal) matters. Unlike criminal cases – in which the state prosecutes an individual – civil court cases arise where an individual or a business believes their rights have been infringed
How many county Courts are there nationwide?
500+
What cases are handled in the County Court?
Personal injury claims (injuries caused by negligence), for example traffic accidents, falling into holes in the pavement, accidents at work
What sum of money allows for a claim to be started in the County Court?
Less than £100,000 (or £50,000 PI)
What is another court that is a part of the CC
The small claims court
How are cases heard in the County Court?
They are heard by one judge (circuit judge or recorder if not complex)
What does the judge in the county courts decide?
Liability, amount of compensation, other remedies; costs
What is the jurisdiction of the County Court?
Majority of civil litigation
What is the structure of the High Court?
The High Court consists of 3 divisions: the King’s Bench Division, the Family Division, and the Chancery Division.
What type of cases are heard in the chancery division?
business, property or land, intellectual property issues, insolvency, bankruptcy, tax and the validity of wills
What type of cases are heard in the King’s Bench division?
personal injury
negligence
breach of contract
breach of a statutory duty
breach of the Human Rights Act 1998
What type of cases are heard in the family division?
Benefits.
Births, death, marriages and care.
Childcare and parenting.
Cost of living support.
What is the jurisdiction of the High Court?
The High Court deals at first instance with all high value and high importance civil law (non-criminal) cases; it also has a supervisory jurisdiction over all subordinate courts
What is the purpose pre-trial procedures?
its purpose is to ensure that all necessary steps have been taken in preparation for trial and sufficient information has been provided for a trial date to be arranged. The judge is required to exercise a managerial role with a view to progressing the case.
What is litigation viewed as?
Usually it is viewed as a last resort, therefore there are pre trial procedures to ensure time is used efficiently
