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BTEC Applied Law > 1st examined unit - Topics > Flashcards

1st examined unit - Topics Flashcards

These are the parts you need to remember as these can't be on your notes

1
Q

What are damages?

A

compensation

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2
Q

What are the two types of damages?

A

special and general damages

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3
Q

What are general damages?

A

non-pecuniary and are difficult to put a figure on as they can’t be calculated exactly

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4
Q

What are special damages?

A

pecuniary and are financial which can be calculated exactly

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5
Q

What does general damages cover?

A

Loss of career - (costs to retrain)
Loss of amenity - (hobbies/enjoyment)

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6
Q

What does special damages cover?

A

Loss of earnings - (injury to date of trial)
Medical expenses - (medicines, private treatment if not on the NHS, travel for appointments)
Special facilities - (care, 1:1 support, nursing, changes to home, moving home)

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7
Q

If relevant extra - Damages

A

Contributory negligence - if the claimants party is at fault, damages can be reduced by the extent the claimant was liable (e.g. 25%)

Mitigation of loss - the claimant is under a duty to mitigate loss and not occur unnecessary costs

Provisional damages - if the injury is uncertain or may deteriorate

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8
Q

What is heard in the county court?

A

Negligence cases under £100,000 and personal injury cases under £50,000.

Can be used for the small claims track, the fast track, the intermediate track and the multi track with low complexity.

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9
Q

What is heard in the high court?

A

Negligence cases over £100,000 and personal injury cases over £50,000 and the multitrack with high complexity.

King’s Bench Division (KBD) {or the high court ordinary} for negligence cases.

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10
Q

Judges in tracks -
District judge

A

County court

Small claims track - Fast track - Intermediate track

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11
Q

Judges in tracks -
Circuit Judge

A

County court

Multi-track (low complexity)

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12
Q

Judges in tracks -
High court judge

A

High court

Multi-track (high complexity and high value)

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13
Q

Judges in appeals

A

District judge > Circuit judge

Circuit judge > High court judge

High court judge > Lord / Justice of appeal (CA) or Justices of the supreme court (SC)

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14
Q

Small claims track - Court and judge

A

Crown court
District judge

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15
Q

Fast track - Court and judge

A

Crown court
District judge

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16
Q

Intermediate track - Court and judge

A

Crown court
District judge

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17
Q

Multi-track - Court and judge

A

Crown court - District judge
High court - High court judge

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18
Q

Small claims track - information

A
  • representation not needed
  • cannot claim back fees
  • informal
19
Q

Fast track - information

A
  • Formal trial
  • Max 1 day
  • Date set in 30 weeks
20
Q

Intermediate track - information

A
  • Formal trial
  • Max 3 days
  • Limited to 2 experts per party
  • clinical negligence to multi-track
21
Q

Multi-track - information

A
  • Circuit judge will manage court allocation
  • Value and complexity
22
Q

Jurisdiction of the county court

A

Hear = all tracks but only some from the multi-track

District judge > Circuit judge > High court judge

23
Q

Jurisdiction of the high court

A

3 divisions
negligence - high court hears appeals from the county court
^ Circuit judge > High court judge

24
Q

What are the 3 divisions of the high court?

A
  1. Chancery division
  2. Family division
  3. King’s Bench Division (KBD) or high court ordinary < negligence
25
Q

Jurisdiction of the supreme court

A
  • Final appeal court in England and Wales
  • appeals of public importance from the court of appeal and sometimes the high court

= not really relevant anymore as this is part of EU law

26
Q

Jurisdiction of the court of appeal

A
  • Main appeal court for England and Wales
  • 2 divisions
  • hears appeals from the high court
27
Q

What are the 2 divisions of the court of appeal?

A

Criminal division
Civil division

28
Q

What does ADR stand for

A

Alternate Dispute Resolution

29
Q

Arbitration (ADR)

A
  • most formal
  • parties choose arbitrator
  • parties choose - date, time, place
  • legally binding
  • can be enforced by courts (not in same way)
  • used by businesses, professions and trade unions
30
Q

Conciliation (ADR)

A
  • independent 3rd party
  • conciliator plays an active role
  • can make suggestions
  • skilled conciliator
  • not legally binding
  • ACAS workplace issues
  • only useful if skilled conciliator and the parties are on speaking terms.
31
Q

Mediation (ADR)

A
  • skilled independent 3rd party
  • mediator acts as messenger
  • facilitates discussion
  • cannot make suggestions
  • not legally binding
  • helps parties to stay on talking terms / amicable / maintain good working relationships
  • separating couples, neighbour disputes, businesses
  • only as successful as the mediators skill sets
32
Q

Negotiation (ADR)

A
  • Least formal
  • Easiest way
  • Cheapest
  • Quickest
  • Discussion between parties
  • No 3rd party
  • Negotiations can take place between solicitors
33
Q

Lawyers (advice)

A
  • Offer advice on your case
  • Review any evidence
  • Experts that are knowledgeable
  • Properly regulated
  • Expensive

** Lawyers are the umbrella term for legal professionals **

34
Q

Citizens advice (advice)

A
  • Free, quick advice
  • Volunteers
  • Not legally qualified
  • Initial advice - they may just say to go to a solicitor anyway
  • Informal atmosphere
  • Wide range advise advise coverd
  • Various locations
35
Q

Law centres (advice)

A
  • Qualified solicitors, legal executives, paralegals (legal knowledge/ experts)
  • Free legal advice
  • Social welfare issues
  • Major towns and cities
  • Few exist
36
Q

Insurance policies/ companies (advice)

A
  • Free, legal advice
  • Usually car insurance or home insurance
  • Company instructor solicitor on the clients behalf
  • Cheaper than paying for advice outright
  • May have been paid through an extra premium
  • Specialist advice
37
Q

Internet (advice)

A
  • Basic and initial advice
  • Range of legal matters
  • Instantly available
  • Wide range of information
  • Must use reputable website with relevant / correct information
  • Good starting point
  • Free form of advice
  • Accessible (internet is available at home or at a local library)
38
Q

Trade Union Membership (advice)

A
  • Offer advice to members
  • Industry related issues (specialist advice) {e.g. National Union of Teachers}
  • Employment issues / workplace disputes
  • Free if they are a member
39
Q

Pro-Bono (advice)

A
  • Means “for the public good”
  • Some lawyers > experts / knowledgeable
  • Legal advice may be free of charge
  • May be student lawyers at university > some level of knowledge > may be beneficial for initial advice
  • Offered on an infrequent basis by lawyers
40
Q

Own resources (funding)

A
  • Pay for legal services yourself
  • If you have savings / good income
  • Not an option if they have no job or low income
  • Can be expensive
41
Q

Insurance (funding)

A

1 - Legal expenses insurance
- covers the costs of legal advice and bringing of defending a case
- usually a one off payment /premium
- cheaper than paying a lawyer
2 - “After the event” insurance
- one fee
- tend to be more expensive
3 - Home/car insurance legal expenses
- included in home/car policy
- would be free
** Insurers will only find claims if “Reasurable prospect of success”

42
Q

State / Public Funding (Legal aid)

A
  • Civil legal aid through the GOV legal aid agency
  • Introduced legal aid and advice act 1949
  • Negligence cases not covered by legal aid
43
Q

Conditional Fee Arrangement (CFA)

A
  • “no win no fee”
  • No charge by solicitors if they loose the case
  • If they win the case, a higher than usual fee is charged : usual fee and a ‘success fee’ this can be up to 100% of the usual fee
  • Good option for those who cannot afford costs
  • No risk / no upfront costs
  • Solicitor will only take the case on if there is a “reasonable prospect of success”
44
Q

Pro-Bono (funding)

A
  • “For the public good”
  • some lawyers provide legal advice free of charge : funding themselves
  • Student lawyers can also provide legal advice free of charge : funding themselves : not qualified but have some level of expertise
  • May represent you for free

BTEC Applied Law (1 decks)

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