Brainscape's Knowledge GenomeTM

Browse over 1 million classes created by top students, professors, publishers, and experts.


See full index

Legal System > Civil Courts and other forms of Dispute Resolution > Flashcards

Civil Courts and other forms of Dispute Resolution Flashcards

1
Q

Civil Law

A

• Establish and uphold the rights of the individual
• cover a wide range of matters and arise when an individual or a business believes that there rights have infringed on in same way
- tort, family law, employment law, personal injury claims, contractual disputes
• Case started by claimant (plaintiff)
• County Court
• High Court
• Standard of proof needed
- balance of probabilities
• Decision made by judge
• Decision liable or not liable
• Powers of court
- compensation
- injunction
- court orders

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

ADR

A

• alternative dispute resoluton
• must be attempted first
• Negotiation
• Mediation
• Conciliation
• Arbitration

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

Pre Trial Procedures

A

• a pre action protocol is aimed at resolving disputes before they need to get to court.
• they explain the steps each party is due to undertake when starting a claim and the conduct that is expected of them
• if a settlerent cannot be reached then issuing a claim would be the next step
- claims are started by the completion of on N1 form
- claims are filed at a County Court office or the High Court (value dependent based on the track system) or onine for a debt claim
- a fee is charged for issung the claim

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

Civil Courts

A

Supreme Court
Court of Appeal
Divisional Court
High Court
County Court

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

claim started in Small Claims Court

A

Less than £10,000
Up to £1,000 in a personal injury claim

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

claim started in County Court

A

Less than £100,000
Between £1,000-£50,000 in a personal injury claim

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

claim started in either County or High Court

A

More than £100,000
More than £50,000 in a personal injury claim

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

Small Claims Track

A

• Less than £10,000
• Up to £1,000 for personal injury
• The claim will be heard by a District Judge and lawyers are not encouraged
• The hearing should be approx 2-3 hours and each party will be allowed a minimum number of witnesses
- limited number of shared witness
- last half a day
- don’t require legal representation

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

Fast Track

A

• £10,000 to £25,000
• A case allocated to this track will have a strict timetable set at a maximum of 30 weeks.
• If parties do not follow the timetable the claim can be thrown out or judgement awarded.
• One day maximum for a hearing in an open court with limited witnesses and heard by a Circuit judge
- more experienced than a district judge
• Each party can be represented by a lawyer
• Should be heard in one day

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

Multi Track

A

• £25,000 to £50,000
• Usually allocated to the County Court with a Circuit Judge.
• The case is strictly managed with a timetable.
• There is a set number of witnesses, set guidelines for disclosure of documents and the length of time the case will take
- higher number of witnesses
• If it involves an issue of more than £50,000, complex points of law it is likely to be passed to the High Court.
- complex cases only
- high value
- heavily publicised

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

County Court Jurisdiction

A

• Hear cases up to £100,000
• Deals with civil cases which are dealt with by a circuit or district judge
• Most common cases:
- landlord and tenant disputes such as possession (eviction), rent arrears, repairs
- consumer disputes such as faulty goods or services
- personal injury claims (injuries caused by negligence) such as traffic accidents or accidents at work less than £50,000
- discrimination cases
- debt problems such as a creditor seeking payment
- partnership, trusts and inheritance
- small claims, fast track and some multi track cases

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

High Court Jurisdiction

A

Family Division
• complex divorce cases
• dissolution of civil partnership
• wardship
• adoption
• all cases related to children
- The Children Act 1989
• domestic violence
• appeal from magistrates
county courts in matrimonial cases
• affairs of people who are mentally i’ll
• simple probate matters

Kings Bench Division
• large/complex compensation claims
• contract and tort cases › £50,000
• admiralty court
• commercial court
- review actions of organisations owned by the state
- acted legally with libel and slander by way of judicial review

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

Negotiation

A

• The least binding form of ADR
• Not enforceable by the courts more likely to be in more of a discussion
• Like a neighbourly dispute

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

Mediation

A

• Neutral person helps parties reach a compromise solution acting as a facilitator
• Parties have control over the resolution process
• Parties may withdraw at any time
• Mediator does not offer an opinion unless asked
• Parties may choose the method of mediation
• Parties must agree to the compromise
• Formal mediation
- a formal settlement conference is like a mini trial but there are no binding results. Credit examples e.g. Relate

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

Conciliation

A

• Neutral person helps parties reach a compromise solution
• Conciliator plays an active role suggesting grounds for compromise or settlement
• Parties have control over the process
• Parties may withdraw at any time
• Parties must agree to the compromise

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

Arbitration

A

• Most binding form of ADR
• Scott v Avery Clause
- section in contracts of partnerships to agree to arbitration
• Parties decide if arbitrator or panel of arbitrators
• Both sides present case to arbitrator
• Arbitrator makes award
- legally binding decision

17
Q

Advantages of ADR -
Costs

A

• Cheaper to solve disputes as there are no court costs
- potential reduction or removal of costs for legal advice
• Makes process more accessible to claimant

18
Q

Advantages of ADR -
Speed

A

• Court system takes more than 48 weeks
• Resolve matters more quickly than a court hearing

19
Q

Advantages of ADR -
Control

A

• Parties have more control over ADR than handing control to courts
• Can withdraw at any time

20
Q

Advantages of ADR -
Flexibility

A

• Time and place can be arranged to suite both parties
• More informal and relaxed hearing
• Convenience chosen by claimant

21
Q

Advantages of ADR -
Expertise

A

• Choose their own mediator/conciliator/arbitrator
- technical expert
• Makes parties more at ease with process

22
Q

Advantages of ADR -
Privacy

A

• Dealt with in private so no publicity
• Encourages cooperation
• Allows relationships to continue

23
Q

Disadvantages of ADR -
Legal Arbitrator

A

• if an unexpected legel point arises, the case may not be sutable for a non lawyer arbitrator
• some cases may be unable to have chosen arbitrator due to content so may have to pay for legal professional or court
- may be too complex for arbitrator and court and legal representation is needed

24
Q

Disadvantages of ADR -
Professional Arbitrators

A

• It can be expensive to hire a professional arbitrator as you have to pay a fee
• Thos may limit the options of one party if a professional is not accessible to them
- process is not vastly cheaper

25
Q

Disadvantages of ADR - Formal Hearing

A
  • It can be expensive if parties opt for a formal hearing following ADR
  • This means that the lesser party may be unable to withdraw as they cannot afford a court or arbitrator
  • There is no guarantee that ADR will be successful
26
Q

Disadvantages of ADR - Limited Rights of Appeal

A
  • No appeal route for any but arbitration
  • The results of ADR may favour one party
  • Parties are able to back out of agreement
27
Q

Advantages of Civil Courts - Legally binding

A
  • Both parties are guaranteed that the matter will be resolved
28
Q

Advantages of Civil Courts - Legally Qualified Person

A
  • A judge deals with cases
  • Appropriate for cases with complex legal issues
  • Will end in a competent legal decision
29
Q

Advantages of Civil Courts - Parties cannot walk away

A
  • Save costs
  • Failed mediation or conciliation results in additional time and cost us litigation is needed
30
Q

Advantages of Civil Courts - Judge has control

A
  • The case will be allocated to the correct track
  • The case takes place on a strict timetable to include a hearing length and number of witnesses
  • Minimises delay
31
Q

Disadvantages of Civil Courts - Expensive

A
  • It is recommended that parties seek legal advice and representation
  • Legal funding is often removed for civil cases
  • It may not be an option for those with limited funds
32
Q

Disadvantages of Civil Courts - Judges are not technical experts

A
  • Expert witnesses may be needed which causes a delay
  • Add to length and cost of trial
33
Q

Disadvantages of Civil Courts - Adversarial

A
  • Winner takes all
  • No compromise
  • May destroy business and personal relationships
34
Q

Disadvantages of Civil Courts - No guarantee the defendant will pay claimant

A
  • May have to take enforcement action
  • Adds to cost
  • Claimant may feel it’s not worth extra expense and inconvenience
35
Q

Civil Appeals

A

1st Appeals
• If first heard by district judge, appeal to circuit judge
• If first heard by circuit judge, appeal to High Court judge
2nd Appeals
To the Court of Appeal
• Only allowed under s55 Access to Justice Act for following reasons:
- appeal raises important point of principle
- there is a compelling reason for the court to hear it

• Appeals from the High Court usually go to the court of appeal but cases of national importance leap frog to the supreme court
• Further appeals from the court of appeal must have leave to appeal to the supreme court

36
Q

Employment Tribunals

A
  • Deal with issues such as unfair dismissal, discrimination in the workplace or redundancy
  • Less formal than courts
37
Q

Employment Tribunals - Preliminary Matters

A
  • A claim has to be brought working 3 months minus one day from the events
  • This could be a dismissal from a job
  • ACAS is generally the main body involved in dispute resolution for employment tribunals
  • They should attempt to resolve it through conciliation first and only if it cannot be resolved should a claim be lodged
  • ACAS will represent you for free
  • The claimant will often seek legal advice on their claim to review how likely it is to succeed
  • The claim must set out detailed information and reasons for the claim and why it has been actioned
  • The claim must be filed within the tribunal and it will then be passed to the employer
38
Q

Employment Tribunals - The Hearing

A
  • Hearings are held in private rooms however the public can sit in if they wish
  • The panel is a judge, one person representing the employer and one representing the employee

Legal System (3 decks)

Brainscape helps you reach your goals faster, through stronger study habits.
© 2024 Bold Learning Solutions. Terms and Conditions