Civil courts

Question 1

What are the 2 main civil courts

Answer 1

County and high court

Question 2

What happens before a case occurs in civil law

Answer 2

C sends D a letter to explain why D is at fault, details of the injury, etc, D has 14 days to investigate and explain if he accepts or denies liability, The parties should agree an expert witness if required.

Question 3

What are the 2 things that the claimant needs to fill in

Answer 3

N1 form and an allocation questionnaire

Question 4

What does the N1 form state

Answer 4

Sets out the details of the case

Question 5

What is an allocation form

Answer 5

It decides which track the case will be assigned to

Question 6

What is the county courts jurisdiction and what type of cases do they hear

Answer 6

They deal with civil matters, they hear all contract and tort claims, all cases for recovery of land and inheritance of up to £30,000, hear all 3 tracks

Question 7

What is the jurisdiction of the High Court

Answer 7

Only typically hear multitrack cases but have the power to hear any civil case they would like

Question 8

How many divisions are there in the high court

Answer 8

3

Question 9

What are the three divisions of the high court

Answer 9

Kings bench division, chancery division and family division

Question 10

What does the kings bench division hear

Answer 10

Hear the majority of cases including tort and contract cases

Question 11

What does the kings bench division have within it

Answer 11

Administrative court

Question 12

What is the administrative court

Answer 12

Hears some criminal appeals and judicial review cases

Question 13

How many judges typically try a KBD case

Answer 13

1

Question 14

What can sometimes be within this court to assist with the trials verdict

Answer 14

Juries

Question 15

What does the chancery division hear

Answer 15

Deal with tax, property and bankruptcy cases

Question 16

What does the family division hear

Answer 16

Hears cases involving adoption, divorce, wills and child custody proceedings

Question 17

What act created a new separate family court

Answer 17

Crime and courts act 2013

Question 18

What act do the family court hear cases under

Answer 18

The children act 1989

Question 19

How many tracks are there in the tracking system

Answer 19

3

Question 20

What are the 3 tracks in the tracking system

Answer 20

Small, fast and multi

Question 21

What type of cases will the small tracks hear

Answer 21

Claims up to £10,000 and personal injury and landlord and tenant cases up to £1,000

Question 22

Where are small track cases heard and by who

Answer 22

In the county court by a district judge

Question 23

What are parties encouraged to do in small track claims

Answer 23

Take their own case without using lawyers but if a person did choose a lawyer they must pay themselves

Question 24

What is not available for the parties in a small track claim

Answer 24

Legal aid

Question 25

What will the district judge do in a small tracks claim

Answer 25

Help the parties as much as possible

Question 26

What type of cases will fast tracks hear

Answer 26

Cases between £10,000 and £25,000 or more than £1,000 in personal injury or landlord and tenant cases

Question 27

Where are fast track claims heard and by who

Answer 27

County court and by a district or a circuit judge

Question 28

What must they stick to in fast track claims and then what this means

Answer 28

A strict timetable meaning there is a time limit of 1 day and limited witnesses

Question 29

How long does it typically take to hear a fast track claim

Answer 29

30 weeks

Question 30

What type of claims will multi track here

Answer 30

cases over £25,000 or that involve a complex law

Question 31

Where are multi track claims heard and by who

Answer 31

County court by a circuit judge

Question 32

If a complex point of law is involved or the claim is over £50,000 where will it get sent

Answer 32

The high court

Question 33

What will be set out in a multi track claim

Answer 33

There will be a strict timetable that includes what must be disclosed such as how many witnesses will be used

Question 34

If a case is originally heard by a district judge, what judge will hear the appeal

Answer 34

A circuit judge in county court

Question 35

If the case was originally heard by a circuit judge, what judge will hear the appeal

Answer 35

High court judge in the high court

Question 36

Where can an appeal from the high court go

Answer 36

Court of appeal or supreme court

Question 37

When should a claim go to the court of appeal

Answer 37

If the case would raise an important principle or there is some other compelling reason for the CofA to hear it

Question 38

What act states that an appeal should only go to the CofA under certain conditions

Answer 38

S5 access to justice act 1999

Question 39

When will an appeal jump from the high court to the supreme court

Answer 39

If it has a national public importance or raises sufficient enough importance and must involve an important point of law

Question 40

What do you need when you appeal to the supreme court

Answer 40

Leave to appeal

Question 41

What is it called when you jump from high court to the supreme court

Answer 41

Leapfrog

Question 42

What are some advantages of civil courts

Answer 42

Fairness, full range of remedies, expertise, binding, appeals available, loser pays legal fees, privacy, involvement from the judge

Question 43

What are some disadvantages of civil courts

Answer 43

High costs, can be delays to hear cases, complicated process, uncertainty, lack of empathy, inequality, intimidating atmosphere and business reputations at risk