civil courts Flashcards
1
Q
ADR
negotiation
A
- can occur anytime
- informal & cheapest
- will only work if the parties relationship hasn’t broken down
2
Q
ADR
arbitration
A
- parties submit claims
- arbitration act 1996
- legally binding w no appeal
3
Q
ADR
mediation
A
- neutral mediator
- no opinion
- small cost, informal
- no waiting list
4
Q
appeals from high court
A
- usually court of appeal
- supreme court application for further appeal
5
Q
the fast track
A
- no more than £25000
- strict timetable: heard within 30 weeks
- circuit judge
- higher value claims cost more
- lawyers are likely
- only 1 witness
6
Q
the family division
A
- involves sensitive matters so usually private
- involved welfare of a child
- can be more criminal & civil
- foreign element: child abduction, forced marriage, FGM
- appeals from lower courts
7
Q
small claims track
A
- under £10k & person injury under £1k
- no lawyers
- district judge
- informal and quick
8
Q
the multi track
A
- more than £25k
- high court judge in high court
- judge in charge
9
Q
jurisdiction of county court
A
- mainly tort based claims
- lawyers discouraged
- one judge
- debt, housing claims, wills, small claims (>10k)
10
Q
jurisdiction of high court
A
-three divisions: kings bench, chancery, family
- open court
- large amounts of money
-lawyers are encouraged
11
Q
appeals from county court
A
- if original decision is made by a district judge and then the appeal is heard by circuit judge in same court
- appeal can be made directly in court of appeal if involves an important area of law
12
Q
ADR
conciliation
A
- discusses issues with both parties
- expected to give an opinion
13
Q
hierarchy of offences
A
- S18 wounding/GBH with intent
- S20 wounding
- S47 assault/occasioning ABH
- S39 battery
- S39 common assault
14
Q
civil appeals
A
tribunals > county court > high court > court of appeal > supreme court
15
Q
employment tribunals
A
hears claims from who thinks employer has treated them unlawfully
