The Legal System Flashcards

1
Q

What is a civil court?

A

A court which deals which deals with non-criminal matters. Such as contract, tort and family law

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2
Q

What did the access to justice reform (1996) introduce to the civil legal system?

A
  • Case management was handed to individual judges
  • The track system was introduced to the County court
  • Pre-action protocols were introduced
  • Alternative forms of dispute resolution were encouraged (Arbitration, mediation, conciliation, etc)
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3
Q

What is the jurisdiction of the County court?

A

Deals with the majority of civil matters, it hears:

  • contract disputes
  • tort actions
  • compensation claims
  • cases involving wills/trusts up to £30,000
  • disputes arising under the Equality Act 2010
  • defamation cases
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4
Q

What is the jurisdiction of the Queens Bench division of the High court?

A

Hears:

  • both civil and criminal cases
  • common law business cases
  • tort cases involving defamation, trespass, negligence
  • judicial review actions
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5
Q

What is the jurisdiction of the Chancery division of the High court?

A

Hears:

  • specialist civil cases (company law, patents, etc)
  • professional negligence cases
  • competition law cases
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6
Q

What is the jurisdiction of the Family division of the High court?

A

Hears:

  • family related cases
  • cases involving children under the Children Act 1989
  • wardship cases involving the custody of minors
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7
Q

County court AO3

A
  • Appeal routes are available
  • A solicitor is not needed in most cases
  • Small claims court is less formal than the County court
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8
Q

High court AO3

A
  • Clear separation of types of law via the 3 divisions
  • A jury trial is available for tortious cases
  • Expensive and time consuming cases = congestion
  • Simplified and single set of rules which govern the High court
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9
Q

What are the maximum claim values for each of the claims tracks?

A

Small = max of £10k straightforward and £1k personal

Fast = between £10k and £25k

Multi = between £25k and £50k

High Court = in excess of £50k

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10
Q

What is the change in judges after the first appeal?

A
  • District judge > Circuit judge
  • Circuit judge > High court judge
  • High court judge > Court of Appeal judge (only if a multi track claim is appealed)
  • High court judge > Supreme court judge (only occurs through an appeals “leapfrog” which takes place if the case covers a point of general public importance)
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11
Q

What are the forms of alternative dispute resolution?

A
  • Tribunals
  • Arbitration
  • Mediation
  • Conciliation
  • Negotiation
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