civil courts Flashcards

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1
Q

what are the two ways to solve a dispute

A

-using the civil courts
-alternative dispute resolution (ADR)

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2
Q

how hears the initial trial (first hearing )

A

either the County Court or the High Court it depends on the money that is being claimed for.

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3
Q

what is initial trials also known as

A

courts of first instance

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4
Q

what is the civil court hierarchy

A

top:
-supreme court
-court of appeal
-high court-kings bench division
-county court

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5
Q

where to civil trials take place in

A

either
the county court
or high court

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6
Q

what are the tracks

A

high court (kings bench division)
county court multi-track
county court fast-track
county court small claims track

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7
Q

what is the high court (kings bench division) claim and injury fees

A

claim above £100,000
personal injuries above £50,000

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8
Q

what is county court multi-track fees

A

any claims not in the fast track or small claims track

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9
Q

what is the county court fast-track fees

A

claims up to £25,000
personal injuries up to £50,000

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10
Q

what is the county court small claims track fees

A

claims up to £10,000
personal injuries up to £1,000

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11
Q

what is county court

A

it deals with civil (non-criminal) matters
civil courts arise where an individual or a business believes their rights have been infringed (wronged)

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12
Q

what happens at the trial

A

parties can represent themselves or use barristers or solicitors to act on their behalf

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13
Q

what is a district judge

A

a full-time judge who deals with the majority of cases in the county courts

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14
Q

what is a circuit judge

A

a more senior judge to a district judge

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15
Q

who are recorders

A

a judge who may sit in both crown court (criminal) and county court but must start by sitting in the crown court

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16
Q

what is a sit for

A

to hold a session at court or perform an act that is judicial in nature

17
Q

who sits in the county court

A

district judge
circuit judge
recorders

18
Q

what power does high court have

A

it has power to hear any civil case and has three divisions. this is for administrative (paper work) purpose and to enable High court Judges to become specialists in a particular area of law

19
Q

what are the three high courts divisions

A

kings bench division
chancery division
family division

20
Q

what is the kings bench division

A

its main work is hearing cases involving contract and tort (negligent) cases.

21
Q

what is the chancery division

A

its the largest unit for handling business and property cases in the country
also deals with disputes matters such as land, wills and insolvency

22
Q

what is the family division

A

it deals with some aspects of divorce, children’s welfare and medicals treatments

23
Q

what does insolvency mean

A

when an individual or business cannot pay its debts. it is usually accompanied by having more liabilities than assets

24
Q

what does appellate (appead) courts mean

A

courts that hear appeals from first-instance decision