Civil Courts and Civil Disputes

Question 1

Name the 3 divisions of the High Court

Answer 1

Queen’s Bench Division, Chancery Division, Family Division.

Question 2

Jurisdiction of Queen’s Bench Division

Answer 2

Hears civil cases and criminal cases, tort cases (defamation, trespass, negligence, nuisance), judicial review cases.

Question 3

Jurisdiction of Chancery Division

Answer 3

Hears business, property, tax disputes, professional negligence cases.

Question 4

Jurisdiction of Family Division

Answer 4

Hears family-related cases, cases involving children, ward ship cases, where the custody of minors is concerned.

Question 5

Evaluate the High Court and it’s divisions

Answer 5

Clear and distinct type of laws separated into 3 divisions, expensive and time consuming cases can prevent many cases from reaching high court, it is a simplified and single set of rules governing both the High Court and County Court.

Question 6

Define ADR (Negotiation)

Answer 6

Where an individual attempts to resolve the issue directly, privately and possibly face to face w/ other party.

Question 7

Advantages of Negotiation

Answer 7

Potentially the quickest, cheapest, most informal way to settle a dispute since no court or lawyers are involved.

Question 8

Disadvantages of Negotiation

Answer 8

Requires confrontation w/ other party. If dispute is not settled then the case may have to go to court, involving costs.

Question 9

Define ADR (Mediation)

Answer 9

A neutral third-party mediator attempts to resolve the issue w/ both parties.

Question 10

Advantages of Mediation

Answer 10

Parties are in control of proceedings and decisions and can withdraw from the process at any time. Based on common sense rather than strict legal rules. Avoids adverbial conflict of the court room.

Question 11

Disadvantages of Mediation

Answer 11

Will only work if both parties agree and cooperate. Decisions may not be ultimately binding on both parties.

Question 12

Define ADR (Conciliation)

Answer 12

A form of mediation where a third party raises ideas for compromise between disputing parties.

Question 13

Advantages of Conciliation

Answer 13

Conciliator plays an active role in advising both parties.

Question 14

Disadvantages of Conciliation

Answer 14

Conciliator’s decision is not binding. Parties may need to go to court if dispute is not settled.

Question 15

Define ADR (Arbitration)

Answer 15

Parties refer the case to an independent third party, the arbitrator, to decide.

Question 16

Advantages of Arbitration

Answer 16

Decision is binding and enforced by courts. Parties can choose their own arbitrator, deciding which expert is most suited for the case. Case can be solved more quickly than a court hearing and is dealt in private.

Question 17

Disadvantages of Arbitration

Answer 17

Requires confrontation w/ other party. If a professional arbitrator is used, costs may be expensive.