civil courts Flashcards
what is a civil claim
when a individual or business believes their rights have been infringed in some way
what are some examples of civil claims
- a company that claims money is owed to them
- compensation for injuries
- preventing someone from building on disputed land
what is the definition of jurisdiction
the power to make legal decisions
who are cases heard by in county courts
- circuit judge or district judge
what is a circuit judge
a judge who is in charge over cases in the county court and crown court
what is a district judge
These judges hear the bulk of civil cases in the County Court at the lowest tier of the judicial hierarchy
what are the main areas of jurisdiction in county courts
- contract and tort claims
- recovery of land
- disputes over equitable matters eg trusts up to £350,000
what are the 3 divisions in the high court
- queens bench division
- Family division
-Chancery division
what does the queens bench division deal with
contract and tort claims eg claims for damages in respect of personal injuries, negligence, breach of contract
what judge is used in the queens bench division
trailed by a single judge UNLESS for fraud , false imprisonment - THEN a jury of 12 is invited
what does the family division do
hears family matters under The Hague convention
what does the chancery division deal with
business matters such as mortgages , trust property disputes , copy right
what is a pre trial procedure
a meeting of the defense, the prosecution, and the judge before a trial commences.
what happens in a pre - trial procedure
there will be negotiations with the defendant , documents and evidence will be presented - held in magistrates court
what are the 3 tracks
- The small track
- The multi - track
- The fast track
what are the characteristics of the small track
- informal and quick
- they deal with minor cases
- form of arbitration rather than litigation
what does the small track deal with
- claims under £10,000 and personal injury claims under £100
what are claimants encouraged to do
- encouraged to represent themselves to keep costs down and use of lawyers is disencouraged
what questions are asked in the small track
inquisitorial questions - the judge asks the questions in order to get the facts before making a decision
what are the characteristics of the fast track
- Designed to provide a faster and simpler procedure compared to the multi track for lower value cases
- deals with mediocre cases that dont require preparation and a lengthy trial
- held by circuit judge
- governed by CPR ( civil procedure rules)
what is the aim of the fast track
for the claim to be heard within 30 weeks
what claims does the fast track deal with
claims no more than £25,000
are lawyers used in the fast track
yes
what does ‘fast’ refer to in the fast track
means dealing with higher value claims in a formal setting
