civil courts

Question 1

what is a civil claim

Answer 1

when a individual or business believes their rights have been infringed in some way

Question 2

what are some examples of civil claims

Answer 2

• a company that claims money is owed to them
• compensation for injuries
• preventing someone from building on disputed land

Question 3

what is the definition of jurisdiction

Answer 3

the power to make legal decisions

Question 4

who are cases heard by in county courts

Answer 4

• circuit judge or district judge

Question 5

what is a circuit judge

Answer 5

a judge who is in charge over cases in the county court and crown court

Question 6

what is a district judge

Answer 6

These judges hear the bulk of civil cases in the County Court at the lowest tier of the judicial hierarchy

Question 7

what are the main areas of jurisdiction in county courts

Answer 7

• contract and tort claims
• recovery of land
• disputes over equitable matters eg trusts up to £350,000

Question 8

what are the 3 divisions in the high court

Answer 8

• queens bench division
• Family division

-Chancery division

Question 9

what does the queens bench division deal with

Answer 9

contract and tort claims eg claims for damages in respect of personal injuries, negligence, breach of contract

Question 10

what judge is used in the queens bench division

Answer 10

trailed by a single judge UNLESS for fraud , false imprisonment - THEN a jury of 12 is invited

Question 11

what does the family division do

Answer 11

hears family matters under The Hague convention

Question 12

what does the chancery division deal with

Answer 12

business matters such as mortgages , trust property disputes , copy right

Question 13

what is a pre trial procedure

Answer 13

a meeting of the defense, the prosecution, and the judge before a trial commences.

Question 14

what happens in a pre - trial procedure

Answer 14

there will be negotiations with the defendant , documents and evidence will be presented - held in magistrates court

Question 15

what are the 3 tracks

Answer 15

• The small track
• The multi - track
• The fast track

Question 16

what are the characteristics of the small track

Answer 16

• informal and quick
• they deal with minor cases
• form of arbitration rather than litigation

Question 17

what does the small track deal with

Answer 17

• claims under £10,000 and personal injury claims under £100

Question 18

what are claimants encouraged to do

Answer 18

• encouraged to represent themselves to keep costs down and use of lawyers is disencouraged

Question 19

what questions are asked in the small track

Answer 19

inquisitorial questions - the judge asks the questions in order to get the facts before making a decision

Question 20

what are the characteristics of the fast track

Answer 20

• 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)

Question 21

what is the aim of the fast track

Answer 21

for the claim to be heard within 30 weeks

Question 22

what claims does the fast track deal with

Answer 22

claims no more than £25,000

Question 23

are lawyers used in the fast track

Answer 23

yes

Question 24

what does ‘fast’ refer to in the fast track

Answer 24

means dealing with higher value claims in a formal setting

Question 25

what are the characteristics of the multi track

Answer 25

• deals with serious cases
• involves the most money so its heard by senior judge

-most formal - judge has a more Hands on approach

• ADR - encouraged where possible

Question 26

what claims does the multi track deal with

Answer 26

claims over £25,000

Question 27

what is litigation

Answer 27

when a civil claim goes to court

Question 28

what are the 3 options for defending a claimant

Answer 28

• pay full instalments
• dispute claim and file why it shouldn’t be paid
• file acknowledgement of service confirming receipt of claim

Question 29

if the case is straightforward and low value who is it heard by

Answer 29

District judge