Civil Courts Flashcards
1
Q
County Court?
A
- Can try nearly all types of civil cases
- Cases will be heard by either a circuit judge or a District Judge.
- in some rare cases ( the torts of defamation, malicious prosecution or false imprisonment) the judge will sit with a jury of 8.
2
Q
County Court- Appeal : heard by District Judge?
A
- If case was heard by District Judge ( lower judge), it will be reheard by a circuit judge.
3
Q
County Court -Appeals : heard by circuit judge?
A
- If case was heard by Circuit judge, the appeal goes to a High Court Judge in the High Court.
- May be a possibility of a second appeal to the Court of Appeal ( civil division), but only in exceptional cases
4
Q
County Court-Appeals: Court of Appeal?
A
- May be a possibility of a second appeal to the Court of Appeal ( civil division), but only in exceptional cases
- The Access to Justice and Funding Act 1999 says leave to appeal will only be granted to the C of A if it raises an important point of principle or there is some other ‘compelling reason’.
5
Q
High Court?
A
- based in London but also has judges sitting in other towns and cities
-there are 3 divisions which specialise in different types of cases
6
Q
High Court- QBD?
A
- Queen’s/King’s Bench Division - Deals with contract and tort cases where the amount being claimed is over £100,000 or smaller claims where there is an important point of law
7
Q
High court- Chancery Division?
A
- Deals with things such as insolvency, enforcement of mortgages, copyrights and patents.
8
Q
High Court- Family Division?
A
- Deals with family cases where there is a dispute about which country’s laws should apply in international cases ( normal family matters are dealt with by the Family Court.
9
Q
High Court- Appeals?
A
- Will go to Court of Appeal ( Civil Division) and then further possibility of appeal to the Supreme Court if the SC gives permission to appeal.
10
Q
A
