Civil courts

Question 1

Civil cases are cases between who?

Answer 1

They are cases between individuals or businesses with others, they are not against the state.

Question 2

What is the burden of proof in a civil case?

Answer 2

The burden of proof means the claimant must find the individual guilty on the balance of probabilities.

Question 3

Which two courts can civil claims be heard at?

Answer 3

They can be heard at either the:

• County court
• High court

Question 4

Who hears cases in county court and whats the value of the cases they hear?

Answer 4

Heard by district or circuit judges.

They can hear almost all cases up to the value of £50,000 although cannot hear divorce/ defamation cases.

Question 5

What does the high court do and what are the 4 divisions its split into?

Answer 5

They hear cases over £50,000 or cases with an important point of law. 
Its split into: 
- High court ordinary 
- Family division 
- Chancery division 
- Queens bench division

Question 6

What are the 6 steps of making a claim in civil courts?

Answer 6

1- Pre action protocol- give any info to try to prevent litigation
2- Choose a court- decide where the case will start, anything less than £100,000 will start at county court.
3- Claim form- claimant must fill this out
4- Served on the defendant- D has 4 options; settle, ignore,defend, counter claim
5- Questionnaire
6- Trial

Question 7

Whats the three tracks system?

Answer 7

1- Small claims- cases up to £10,00, heard by a district judge.
2- Fast track- cases of £10,000 to £25,000, by a district judge.
3- Multi-track- cases over £25,000, by a circuit judge.

Question 8

What did the Woolfe reforms lead to?

Answer 8

• Simplified procedures
• One set of rules in both county and high court
• Increased use of ADR
• Online courts