Civil Courts Flashcards
Details about civil trials:
- Take place in either County or High Courts depending on how much is being claimed
- The claim will set out the grounds and amount of the claim
- A defence may be filled by the defendant who is being sued
- The case will be heard and decided by a judge
- There is normally no jury
Details about tracks
- Civil courts operate a tracking system so cases are allocated to different tracks to ensure they are dealt with efficiently and within specific time limits
- Judges can manage the way cases should be dealt
What is the civil court hierarchy
Supreme Court
Court of appeal
High court - King’s bench division
County court
How much is the dispute amount for there three:
small claims
fast-track
multi-track
Small claims - Up to £10,000
Fast-track - Between £10,000 and £25,000
Multi-track - Claims over £25,000
What are Courts of First Instances?
A court in which any proceedings are initiated. These are the county courts and the high courts
What is the doctrine of precedent?
These are decided cases or cases from the past
What judges hear cases in country courts?
District Judge or a Circuit Judge
Info on trials:
- The parties can represent themselves or use barristers or solicitors to act on their behalf
- Most evidence will be filed before the hearing and some oral evidence may be given
- The judge will decide who wins the case on the balance of probabilities and any damages and costs to be paid
District Judge
A full-time judge who deals with the majority of cases in the County Court
Circuit Judges
A more senior judge to a District Judge
Recorders
A judge who may sit in both Crown Court and County courts, but must start by sitting in the Crown court. The appointment is part-time, perhaps 20-30 days per year, and is the first step on the ladder of judicial appointments
Sit
To hold a session at court or perform an act that is judicial in nature
What are the divisions in High Court?
- King’s Bench Division
- Chancery Division
- Family Division
Insolvency
When an individual or business cannot pay its debts. It is usually accompanied by having more liabilities than assets
Appellate (appeal) courts
Courts that hear appeals from first-instance decisions