Civil Courts

Question 1

Civil Claims

Answer 1

Arise when a business or individual believes their rights have been violated

Question 2

Main areas of Civil Law

Answer 2

Contract Law, Law of Tort, Family Law, Employment Law and Company Law

Question 3

Types of disputes

Answer 3

Claiming owed money (contract), compensation for injuries (negligence) etc

Question 4

Which courts hold civil claims?

Answer 4

County Court and High Court

Question 5

County Court Fact

Answer 5

Around 200 of them (gov wants to close 50)

Question 6

Main areas of Jurisdiction in County Court (can try almost all civil cases)

Answer 6

all contract and tort claims, all cases for the recovery of land, disputes over equitable matters such as trusts up to a value of £350,000

Question 7

What type of judges for the Crown Court?

Answer 7

The cases are heard by a circuit judge or a district judge with, on rare occasions, a jury of 8 (for cases of malicious prosecution, false imprisonment or defamation)

Question 8

High Court Facts

Answer 8

Based in London
Has other judges in towns/cities in England and Wales
Has the jurisdiction (power) to hear any civil case

Question 9

What are the 3 divisions?

Answer 9

Queen’s Bench Division
Chancery Division
Family Division

Question 10

Which is the biggest of the 3 divisions?

Answer 10

Queen’s Bench Division

Question 11

What types of cases does the Queen’s Bench Division deal with?

Answer 11

Contract and Tort cases where the amount claimed is over £100,000 (can hear smaller claims if it is an important POL)

Question 12

What types of judges are in the Queen’s Bench Division?

Answer 12

Usually a single judge, there is the right to a jury for fraud, libel, slander, malicious prosecution and false imprisonment cases. This is rare. There are 12 members when it occurs.

Question 13

What is the role of the Administrative Court within the Queen’s Bench Division?

Answer 13

Supervises the lawfulness of the conduct of national and local government of inferior courts and tribunals, and of other public bodies through judicial review

Question 14

What types of disputes does the Chancery Division deal with?

Answer 14

• Insolvency, both for companies and individuals
• the enforcement of mortgages
• disputes relating to trust property
• copyright and patents
• intellectual property matters
• contested probate actions

Question 15

What is the role of the special Companies Court in the Chancery Division?

Answer 15

It deals with winding up companies

Question 16

What type of judges are in the Chancery Division?

Answer 16

A single judge. Never a jury.

Question 17

What types of cases does the Family Division hear?

Answer 17

Family cases where there is a dispute about which country’s laws should apply and all international cases concerning families under the Hague Convention.

Question 18

Who are the cases heard by in the Family Division?

Answer 18

A single judge