Civil Courts Flashcards

You may prefer our related Brainscape-certified flashcards:
1
Q

Civil claim definition

A

When an individual or business believes it’s rights have been infringed.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

When an individual or business believes it’s rights have been infringed.
What is this the definition of?

A

A civil claim

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

The courts where civil cases are tried?

A

1) County Court
2) High Court

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

Which court has divisions?
And what are they?

A

High Court
1) Queen’s Bench Division
2) Chancery division
3) Family division

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

Queen’s Bench division
Chancery division
Family division
These are all divisions of which Court?

A

High court

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

What are the main areas of jurisdiction for the County Court?

A

1) all contract and tort claims
2) recovery of land
3) disputes over equitable matters up to a value of £350,000.00

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

Queen’s Bench Division deals with?

A

Contract and tort cases over £100,000.00.
Can also hear appeals from the Magistrates’ Courts in criminal cases.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

Contract and tort cases over £100,000

Can also hear appeals from the Magistrates’ Courts in criminal cases.

Which Court?

A

Queen’s Bench Division

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

What main areas does the
Chancery division of the High
Court cover?

A

Business and commerce
Copyright and patent
Probate (Wills)
Trusts

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

Main jurisdiction of the Family division of the High Court?

A

Family cases where there is a dispute about which country’s laws should apply.

Family Court is separate as of Crimes and Courts Act 2013.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

If a claim is for £10-100k which court does a case start in?

A

County Court

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

If a claim is less than £10k which Court does it start in?

A

It doesn’t, it must go to the..
Small Claims Track

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

If a personal injury claim is for £1k or less which Court does it start in?

A

small claim track

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

If a personal injury claim is for £1-50k which court does it start in?

A

County Court

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

If a case is a claim for
-£100k+
or
-personal injury £50k+
Which court does it start in?

A

Choice between County or
High Court

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

Which Court do Circuit/ District judges sit in?

A

County Court

17
Q

What are the 3 tracks for a civil claim?

A

1) Small Claims Track-Less than £10k
2) Fast Track-£10-25k
3) The Multi-Track £25k+ or complex cases

18
Q

Who recommended the present system of justice in the 1990’s?

A

Lord Woolfe

19
Q

What are Lord Briggs’ proposals for the future of civil cases?

A

1) private mediation service in the County Court
2) Online Court

20
Q

1) private mediation service in the County Court
2) Online Court

Who has proposed these changes to the CivilCourt system?

A

Lord Briggs

21
Q

What is the process of appeals from the County Court?

A

1) Heard by District judge?
Appealed to Circuit Judge
2) Heard by Circuit Judge? Appealed to the High Court

22
Q

Which Court would hear second appeals?

A

Court of Appeal (Civil Division)

23
Q

What statute sets out the conditions for a second appeal in Civil cases?

A

555 Access to lustice Act
(1999)

24
Q

555 Access to Justice Act (1999)
What does this statute set out for in civil cases?

A

The requirements for a second appeal in civil cases.

25
Q

What is the process for an appeal from the High Court?

A

Either
1) Court of Appeal (Civil Division)
Or. ..
2) leapfrog to Supreme Court

26
Q

Advantages of using the Courts to settle a civil case?

A

1) Authority from the courts in case of success.
2) Conducted by a legal expert
3) Appeals process

27
Q

Disadvantages of using the Courts to settle a civil dispute?

A

1) Cost
2) Delay
3) Complicated process
4) Uncertainty