Unit 1 - Dispute Solving in Civil Law Flashcards
What is the aim and purpose of civil law?
Civil law exists to protect people and businesses in society.
What does civil law seek to achieve?
Compensation for the person who has suffered loss or damage.
What is the burden of proof?
Sets out who must prove the case to the required standard (claimant).
What is the standard of proof?
‘Balance of probabilities’ - The judge must be over 50% sure they’re liable.
What is the county court?
County court deals with
What is the high court?
It has the power to hear any civil case and has three divisions, Queens bench division, Chancery division and Family division.
What is the role of a Judge?
The judge will hear the case alone and decide the outcome by using the evidence provided by yourself to find facts regarding the claim, applying relevant laws to these facts and then giving a reasoned judgement.
What is a small claim?
Under £10,000 and £1000
What is a multi track?
Claims over £25,000
What is fast track?
Between £10,000 and £25,000
Examples of emotional costs?
Stress, overwhelmed, anger, disbelief, denial, etc..
Examples of financial costs
Court fees, legal representation, awarding of compensation, hidden costs
What is ADR?
Alternate dispute resolution which refers to ways of solving disputes without going to court.
What is arbitration?
A service that provides an impartial referee to settle dispute.
What is conciliation?
A service where an impartial expert encourages both parties to come to an agreement between themselves.
