Civil courts

Question 1

what are the 2 civil courts?

Answer 1

1. County court

2. High court

Question 2

what do the high court deal with?

Answer 2

1. contract/ tort
2. partnerships and trusts
3. personal injury less than £50,000

Question 3

what are the three divisions of the High court?

Answer 3

1. Queens Bench division
2. Family division
3. Chancery division

Question 4

what does the queens Bench division look at?

Answer 4

The queens bench division has the jurisdiction to hear contract and tort cases over £50,000 and some complex multi track cases.

Question 5

what dies the Family division look at?

Answer 5

The Family division looks at Wardship cases under the children’s act 1989 and other family matters.

Question 6

what does the Chancery division look at?

Answer 6

The Chancery division has the jurisdiction to look at mortgages and trusts with other property disputes, as well as copyright and patent matters.

Question 7

Explain how you would make a claim to go to court?

Answer 7

1. Complete and submit an N1 claim form including the damages being sought
2. The court will send the N1 form to d and they are given the opportunity to admit claim or pay the amount claimed or defend the claim.
3. If d chooses to defend the claim the court will send an allocation survey to both parties
4. when v returns the survey a fee must be paid
5. some claims can be made online by the Ministry of justices money claim online website, however you can only use this claim if it is less than £100,000.

Question 8

What are the three types of tracks in civil courts?

Answer 8

1. Small claims track
2. Fast track
3. Multi track

Question 9

what do the small claim tracks hear?

Answer 9

Hears contract cases and tort cases worth up to £5,000 and personal injury cases up to £1,000

Question 10

Who are small claim tracks heard by?

Answer 10

A district judge in the county court

Question 11

what is a disadvantage of using the small claims track?

Answer 11

The time limit is restricted fir cross examination of eye witnesses.

Question 12

what do the fast track hear?

Answer 12

They hear claims from £5000 to £25,000

Question 13

Who are fast track cases heard by?

Answer 13

A district judge in the county court

Question 14

whats an advantage of the fast track system?

Answer 14

1. Can only last a maximum of one day

2. A strict time table is set so should be heard with 30 weeks

Question 15

what is a disadvantage of the fast track system?

Answer 15

There is a limited number of eye witnesses

Question 16

what type of cases does the multi track hear?

Answer 16

hears claims over £25,000 or cases that are really complicated

Question 17

Who are multi track cases heard by?

Answer 17

heard by a judge who will manage the case settings

Question 18

What are the 3 appellate courts?

Answer 18

1. The divisional courts and the High court
2. The court of appeal
3. The supreme court

Question 19

What are the 2 main functions in the appellate courts?

Answer 19

1. To preside over applications for judicial review which are proceedings in which by the judge reviews the lawfulness of a decision or action made by the public body
2. to hear appeals by the way of case started from criminal matters decided in the magistrates court

Question 20

what do the court of appeal in the civil division hear?

Answer 20

1. divisions from the high court
2. some county court multi track cases
3. certain tribunals