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Law-The Legal System and Law Making > civil courts > Flashcards

civil courts Flashcards

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1
Q

negotiation advantages

A

saves difficulty
saves time
saves expenses
Avoids winner and looser scenario

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2
Q

negotiation disadvantages

A

potential weakness of case
Media can report
wasted time

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3
Q

meditation+ conciliation advantages

A

less formal
maintains working relationship
encourages cooperation

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4
Q

meditation+ conciliation disadvantages

A

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

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5
Q

meditation and conciliation difference

A

meditator plays more active role in conciliation

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6
Q

negotiation

A

disputes solved through money

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7
Q

arbitation

A

a private trained arbitrator makes the decision and solves disputes

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8
Q

arbitration advantages

A

parties have control over arbitrator
uses experts
private

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9
Q

arbitration disadvantages

A

can be unequal
expensive
not all cases are suitable

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10
Q

CAPE

A

Case management
Allocate resources
Proportionate
Equal footing

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11
Q

small claims

A

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

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12
Q

fast track

A

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

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13
Q

multi track

A

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

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14
Q

civil court advantages

A

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.

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15
Q

civil court disadvantages

A

delayed
expensive
focuses on wining and losing rather than justice

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16
Q

kings bench

A

Tort, commercial, construction

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17
Q

chancery

A

business, partnership, wills

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18
Q

family

A

divorce ,family ,adoption

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19
Q

Adr

A

Alternative way of getting justice not through court

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20
Q

Why adr

A

Saves: cost
Harassment
Stress
Time

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21
Q

Jurisdiction county court

A

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

22
Q

Appeal

A

A review of lower court decision by higher court.

23
Q

district to

A

circuit to CA

24
Q

Circuit judge to

A

High court to CA

25
Q

High to

A

CA to Supreme Court

26
Q

Employment tribunals

A

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

27
Q

reasons to appeal

A

Error in point of law
Error in fact
Unfair decision

28
Q

Negotiation example

A

Fenty-v- Arcadia(2013)

29
Q

Meditation example

A

Halsey-v-Milton Keynes

30
Q

Conciliation example

A

Employer rights act 1998

31
Q

Arbitration example

A

Scott-v-Avery(1856)

32
Q

pre trial procedures

A

CAPE

33
Q

KBD Further

A

Largest
Hears applications for judicial review
Deals with international technology disputes

34
Q

Tort KBD

A

over 100,000

35
Q

Commercial KBD

A

relating to trade and transactions

36
Q

Courts of the chancery division

A

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

37
Q

Family division

A

child abduction
forced marriage
marriage outside of the uk

38
Q

Family children

A

Children act 1989

39
Q

Appealing from high court

A

Permission is needed
Appellants notice should be given within 21 days

40
Q

Court of appeals to UKSC

A

must be of national importance
UKSC must give permission

41
Q

Pre trial procedure

A

Claim form
Response by defendent
Allocation Questionnaire
Tracks

42
Q

Who laid down pre trial procedure

A

The Civil Procedure Act 1997

43
Q

Who made recommendations about pre trial procedure

A

Woolf report

44
Q

High court jurisdiction

A

No financial limit

45
Q

Why employee tribunals?

A

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

46
Q

Legal authority for employee tribunals

A

Employment Tribunals Act 1996

47
Q

Examples of claims tribunals deal with

A

Unfair dismissal
Unlawful Redundacy
Breach of employee legislation
Discrimination

48
Q

Role of employment tribunals

A

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

49
Q

Result of employment tribunal

A

Compensation
Re engagement of employer in different role
Old job back

50
Q

Preliminary employment tribunal

A

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

51
Q

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

A

Employee will not have to pay the employer.

52
Q

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

A

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

Law-The Legal System and Law Making (17 decks)

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