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The Legal System > 1.1 Civil Courts And Other Forms Of Dispute Resolution > Flashcards

1.1 Civil Courts And Other Forms Of Dispute Resolution Flashcards

1
Q

What are civil courts?

A

Courts that deal with non-criminal matters, such as contract, tort and human rights issues

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2
Q

What are the 2 key civil courts?

A

County court
High court

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3
Q

What do County Courts deal with?

A
  • cases between £5000 - £15,000, but a circuit judge can hear more
  • contract disputes
  • tortious actions
  • compensation claims
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4
Q

What are the divisions of the High Court?

A
  1. Kings’s Bench Division
  2. Chancery Division
  3. Family Division
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5
Q

What does the King’s Bench hear?

A
  • contract cases
  • tort cases like defamation, trespass, negligence
  • judicial review actions
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6
Q

What does the Chancery Division hear?

A
  • specialist civil cases like company law
  • professional negligence cases
  • competition law cases
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7
Q

What does the Family Division hear?

A
  • family related cases
  • cases involving children under the Children Act 1989
  • wardship cases involving custody and daily care of minors
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8
Q

Where do most civil cases start?

A

County Court

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9
Q

What are the tracks in which claims can be allocated into?

A
  1. Small claims track
  2. Fast track
  3. Multi-track
  4. High court
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10
Q

What is the small claims track for?

A

Straightforward claims not more than £10,000, or personal injury of not more than £1000

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11
Q

What is the fast track for?

A

Claims between £10,000 and £25,000

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12
Q

What is the multi track for?

A

Claims between £25,000 and £50,000

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13
Q

What is the High Court for?

A

Complex claims over £50,000

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14
Q

What happens with first appeals?

A

First appeals from small claims court or fast track are heard by the next level judge. If case was first heard by a district judge, then it goes to a circuit judge. If case was first heard by a circuit judge then it goes to a high court judge.

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15
Q

Can claimants go for a second appeal?

A

It is possible to go to the Court of Appeal from a decision by a circuit judge or a high court judge, but only in exceptional circumstances

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16
Q

What happens with appeals from multi tracks?

A

Goes to Court of Appeal

17
Q

What happens with appeals from high court?

A

Goes to Court of Appeal, but sometimes “leapfrogs” to Supreme Court where a point of general public importance is present

18
Q

Can you appeal from the Court of Appeal?

A

Yes, to the Supreme Court, if either gives permission

19
Q

Can you appeal from the Supreme Court?

A

A final appeal is possible to the European Court of Justice

20
Q

What are the 4 types of ADR?

A

Negotiation
Mediation
Conciliation
Arbitration

21
Q

Define negotiation

A

Where an individual attempts to resolve a an issue directly with the other party

Eg - noise caused by neighbours

22
Q

Define mediation

A

Where a neutral third party attempts to resolve the dispute without giving their opinion

Eg - businesses negotiating

23
Q

Define arbitration

A

Where parties refer the case to an independent third party (arbitrator) to decide

Eg - package holiday contracts

24
Q

Define conciliation

A

Form of mediation where third party raises ideas for compromise

Eg - cases of alleged discrimination

25
Q

Advantages of using the civil courts

A
  • simple, logical system
  • less formal
  • solicitors generally not needed
  • appeal routes possible
  • jury trial possible in tortious cases
26
Q

Disadvantages of using civil courts

A
  • ADR is encouraged but not always appropriate
  • expensive
  • time consuming
27
Q

Advantages and disadvantages of negotiation

A
  • quick, cheap, easy
  • informal
  • no courts or lawyers involved
  • requires confrontation with other party
  • if dispute is not settled, may go to court
28
Q

Advantages and disadvantages of mediation

A
  • parties are in control of proceedings
  • based on common sense rather than legal rules
  • only works if both parties cooperate
  • many decisions won’t be binding
29
Q

Advantages and disadvantages of conciliation

A
  • quicker process than court
  • requires confrontation with other party
  • decision is not binding
  • parties may still need to go to court
30
Q

Advantages and disadvantages of arbitration

A
  • parties choose their own arbitrator
  • decision is binding
  • it’s voluntary
  • requires confrontation
  • not always free
  • using a professional arbitrator is expensive

The Legal System (6 decks)

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