civil courts

Question 1

negotiation advantages

Answer 1

saves difficulty
saves time
saves expenses
Avoids winner and looser scenario

Question 2

negotiation disadvantages

Answer 2

potential weakness of case
Media can report
wasted time

Question 3

meditation+ conciliation advantages

Answer 3

less formal
maintains working relationship
encourages cooperation

Question 4

meditation+ conciliation disadvantages

Answer 4

no guarantee dispute will resolve
both parties must reach compromise
meditator has to be paid
Attendance is not compulsory
Weaker parties pressured
No pressure to adhere to comprimise

Question 5

meditation and conciliation difference

Answer 5

meditator plays more active role in conciliation

Question 6

negotiation

Answer 6

disputes solved through money

Question 7

arbitation

Answer 7

a private trained arbitrator makes the decision and solves disputes

Question 8

arbitration advantages

Answer 8

parties have control over arbitrator
uses experts
private

Question 9

arbitration disadvantages

Answer 9

can be unequal
expensive
not all cases are suitable

Question 10

CAPE

Answer 10

Case management
Allocate resources
Proportionate
Equal footing

Question 11

small claims

Answer 11

up to 10,000
1500 in personal injury
not in open court
district judge

Question 12

fast track

Answer 12

between 10,000 to 25,000
1,500 in personal injury
timetable set
district judge decides

Question 13

multi track

Answer 13

over 25,000
timetable set
trial in open court
district, circuit, high court

Question 14

civil court advantages

Answer 14

legally binding
Divisions so cases can be dealt with in best way.
Conducted by legal experts
appeal process easier
Remedy is guaranteed
Precedent allows lawyers to advise clients.

Question 15

civil court disadvantages

Answer 15

delayed
expensive
focuses on wining and losing rather than justice

Question 16

kings bench

Answer 16

Tort, commercial, construction

Question 17

chancery

Answer 17

business, partnership, wills

Question 18

family

Answer 18

divorce ,family ,adoption

Question 19

Adr

Answer 19

Alternative way of getting justice not through court

Question 20

Why adr

Answer 20

Saves: cost
Harassment
Stress
Time

Question 21

Jurisdiction county court

Answer 21

Deals with civil claims
200 county courts
Hear claims of up to 100,000

Question 22

Appeal

Answer 22

A review of lower court decision by higher court.

Question 23

district to

Answer 23

circuit to CA

Question 24

Circuit judge to

Answer 24

High court to CA

Question 25

High to

Answer 25

CA to Supreme Court

Question 26

Employment tribunals

Answer 26

Parallel courts with trained lawyers and lay people that have power to make decisions

Question 27

reasons to appeal

Answer 27

Error in point of law
Error in fact
Unfair decision

Question 28

Negotiation example

Answer 28

Fenty-v- Arcadia(2013)

Question 29

Meditation example

Answer 29

Halsey-v-Milton Keynes

Question 30

Conciliation example

Answer 30

Employer rights act 1998

Question 31

Arbitration example

Answer 31

Scott-v-Avery(1856)

Question 32

pre trial procedures

Answer 32

CAPE

Question 33

KBD Further

Answer 33

Largest
Hears applications for judicial review
Deals with international technology disputes

Question 34

Tort KBD

Answer 34

over 100,000

Question 35

Commercial KBD

Answer 35

relating to trade and transactions

Question 36

Courts of the chancery division

Answer 36

The intellectual property court
The patents court
The insolvency and companies list

Question 37

Family division

Answer 37

child abduction
forced marriage
marriage outside of the uk

Question 38

Family children

Answer 38

Children act 1989

Question 39

Appealing from high court

Answer 39

Permission is needed
Appellants notice should be given within 21 days

Question 40

Court of appeals to UKSC

Answer 40

must be of national importance
UKSC must give permission

Question 41

Pre trial procedure

Answer 41

Claim form
Response by defendent
Allocation Questionnaire
Tracks

Question 42

Who laid down pre trial procedure

Answer 42

The Civil Procedure Act 1997

Question 43

Who made recommendations about pre trial procedure

Answer 43

Woolf report

Question 44

High court jurisdiction

Answer 44

No financial limit

Question 45

Why employee tribunals?

Answer 45

Provide quick, cheap and informal alternatives to deal with employee disputes.

Question 46

Legal authority for employee tribunals

Answer 46

Employment Tribunals Act 1996

Question 47

Examples of claims tribunals deal with

Answer 47

Unfair dismissal
Redundancy
Breach of contract
Discrimination

Question 48

Role of employment tribunals

Answer 48

To be unbiased impartial and independent tribunal
Make decisions based on evidence
To deal with claims from employees who think their employer has treated them unlawfully

Question 49

Result of employment tribunal

Answer 49

Compensation
Re engagement of employer in different role
Old job back

Question 50

Preliminary employment tribunal

Answer 50

A claim on an employment issue has to be brought within three months from the event.

Question 51

What happens if the claim is lost for an employment tribunal?

Answer 51

Employee will not have to pay the employer.

Question 52

What happens if someone is dissatisfied with the decision in employment tribunal?

Answer 52

Either party has 14 days to ask for tribunal to review.

Question 53

What does the employment rights act 1966 do?

Answer 53

sets out the rights of employees.

Question 54

What did the employment tribunal act 1988 do?

Answer 54

Rename industrial tribunals
Amend the law relating to dismissal procedures.

Question 55

What did industrial tribunals get changed to?

Answer 55

employment tribunals

Question 56

How did the employment tribunal act 1988 amend dismissal procedures?

Answer 56

By establishing multiple hearings and a determination.