burden of proof and the court system Flashcards
what is the burden of proof?
the job of the claimant to bring the amount of evidence needed to prove your case, and for it to be seen and considered. The amount needed for this changes depending on whether it is a civil or criminal case
what is the standard of proof?
this is the amount of evidence needed to prove your case, for it to be seen and considered.
what is the standard of proof in civil cases?
you need to bring enough evidence for the judge to be over 50% sure that the claimant is right
what is the standard of proof in criminal cases?
you need to bring enough evidence to prove the case beyond reasonable doubt.
what are the county court and high court classed as?
they are classed as courts of first instance
what cases are heard in the county court?
only civil cases, which include:
- recovering money
- making claims against another person
- small personal injury claims
- putting up trespassing signs
how many tracks are in the county court? and what cases get heard into them?
there are 3 tracks.
small claims tracks- claims up to £1,000 and personal injury claims up to £5,000
fast track- claims up to £25,000 and personal injury claims up to £50,000
multi-track: any claims not acceptable in the fast or small tracks but are less than £100,000 in claims or £50,000 in personal injury claims
what cases are heard in the High Court?
All the cases that can be heard in the county court, but they are all high profile cases with sensitive information.
How many divisions are in the high court and what are their names?
3
Queen’s bench
The Chancery
The family
What cases are heard in each division?
The Chancery: large business and property cases
The Queen’s bench: any contract and tort cases that exceed £100,000 and any personal injury claims that exceed £50,000
The Family: high profile divorce and children’s matters claims. This is because the majority of family cases are heard in the lower family courts.
