civil courts/ADR Flashcards

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1
Q

what courts deal with civil disputes

A

county/high

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2
Q

what does civil law cover

A

business,contracts,estates,accidents,negligence, domestic family matters

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3
Q

what are the aims of civil law

A

protect businesses/individuals from wrongdoing

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4
Q

what do judges decide on in county court

A

compensation amount,remedies,who pays

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5
Q

what are the 3 divisions of high court

A

the kings bench division/chancery division/family division

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6
Q

what does the kings bench division do

A

deals with range of common cases and has supervisory responsibility over lower courts

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7
Q

what are the specialist areas of kings bench division

A

commercial,mercantile,admiralty,technology/construction,administrative

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8
Q

what does the chancery division do

A

deals with disputes related to business/propert/land

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9
Q

what is the specialist area of chancery division

A

companies

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10
Q

what does the family division do

A

deals with disputes involving kids/breakdown of relationships

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11
Q

what is the pre trial pocedure

A
  1. eliminates unnecessary claims
  2. N1 form completed and fee paid
  3. court sends claim to defendant
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12
Q

where can a fee be paid

A

country court office/online/high court

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13
Q

what options does a defendant have once sent the claim

A

admit mistake and pay in full/pay in instalments,dispute claim with reason,request time to get defence

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14
Q

what are the 3 tracks in civil courts

A

small claims track,fast track,multi-track

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15
Q

what is the small claims track

A

deals with disagreements between two parties

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16
Q

what is the fast track

A

provides quicker procedure for lower value cases

17
Q

what is the multi-track

A

sets directions for case including cost case management conference

18
Q

what is an appeal

A

when a party is unhappy with the case outcome they can appeal to be heard again

19
Q

where are appeals heard

A

in the next highest court up

20
Q

what is adr

A

alternative dispute resolution

21
Q

when is adr used

A

to solve problems outside of court to save time/money/stress

22
Q

what are the 5 types of adr

A

employment tribunals,negotiation,mediation,conciliation, arbitration

23
Q

what are employment tribunals

A

deals with issues such as unfair dismissal/discrimination/redundancy in workplace

24
Q

what is negotiation

A

settling dispute by coming to an agreement

25
Q

what is mediation

A

a neutral person helps reach a compromise by standing in the middle of the room and gives no opinion until asked

26
Q

what is conciliation

A

discusses issues in private suggesting compromises

27
Q

what is arbitration

A

both parties agree to let dispute be left to judgement of neutral person

28
Q

what are advantages of civil courts

A

qualified judge,accurate,legally binding

29
Q

what are disadvantages of civil courts

A

expensive,time consuming

30
Q

what are advantages of adr

A

cheaper,quicker process,preserves future relationships

31
Q

what are disadvantages of adr

A

not legally binding,participation isnt necessary