Civil Courts and ADR Flashcards
What are the three divisions of the High Court?
Kings Bench division, chancery division, Family division
What is the high court?
- Based in London but has judges sitting in several towns and cities in england and wales.
- The HC usually hears the more expensive multi-track cases (50,000 plus)
- hears appeals from the County Court
The main civil trial courts are the ___ court and the _____ court. Most cases are tried in the _____ court but very _______ or complicated areas of law may be heard at the _____ court instead. The type of case will determine which court it will be heard in.
County
High
Court
expensive
High
What is the county court?
- the county court is a local court that has the jurisdiction to hear almost all civil court cases. Many cases never actually make it to trial because the parties settle their dispute before the case is heard.
The maximum claim in the county court is usually less than:
100,000 pounds but the County Court can hear cases worth more if the parties agree
what are the 5 main areas of jurisdiction for the county court
contract, tort, land, wills and family cases
Cases are heard by what type of judges in the county court
Circuit judges or district judges or part-time judges (called recorders).
What does the County Court Jurisdiction Order 2014 state
the County court can deal with financial (equity) matters up to 350,000
When may a jury of 8 people be used in the county court (very rare)
used for defamation, malicious prosecution and false imprisonment cases
What are 2 sub-divisions within the KBD?
- Administrative Court: hears applications for Judicial Review, applications for Habeas Corpus, matter relating to the Planning court.
- Commercial Court: deals with claims relating to the transactions of trade and commerce for example insuring, banking and financial matters.
KBD: Cases are heard by _____ judge but there can be a jury of _____ for trials of _________,_______ ________ and _____ ________.
one
12
defamation
malicious prosecution
false imprisonment
Who heads the KBD?
The Lord Chief Justice
What does the KBD deal with?
contract and tort cases which are over 100,00 pounds
What age must lay magistrates be between?
18 - 70 years