Civil Courts

Question 1

Aims of sentencing

Answer 1

1- retribution/punishment
2- Deterrance
3- Reform/rehabilitation
4-incapacitation
5-reparation
6- denunciation

Question 2

county court jurisdiction

Answer 2

• civil claims upto £100,000
  -negligence claims where a person suffered an injury jury or loss
  -tort-based claims such as nuisance and negligence
  -debt claims and consumer disputes, housing claims (residential and commercial)
  -bankruptcy & insolvency
  -probate claims, wills & trusts

Question 3

county court judges

Answer 3

• 1 judge (usually circuit sometimes recorder)
• if really low value can be heard by district judge
  they decide: liability, compensation payable, other remedies ie. eviction & who pays the costs of the case

Question 4

small claims track

Answer 4

-part of county court
- less than £10,000
- less than £1000 if personal injury
- informal, lawyers discouraged
- district judge

Question 5

High court

Answer 5

• 1 judge
• 3 divisions ( family, chancery &kings bench)

Question 6

Kings bench Division

Answer 6

• largest division includes contract & tort
• over £100,000
• and smaller claims with a complicated sector of the law
  -includes: Administrative, Magistrates, Circuit commercial and Crown Court

Question 7

Chancery Division

Answer 7

• property, land and businesses
  -over £100,000
• trusts
  -contentious probate claims
  -partnership matters

Question 8

Family Division

Answer 8

• appeals
• cases relating to Children Act 1989
• foreign elements: international child abduction, child marriage, FGM

Question 9

when can you have a court claim

Answer 9

court claim should be last resort. only if adr didn’t work and theres no settlement