Civil Courts and other forms of dispute resolution Flashcards

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1
Q

Which court tries nearly all civil cases ?

A

County Court

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2
Q

How much can contract cases cost in the County Court?

A

up to £100,000

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3
Q

How much can tort claims cost in the County Court?

A

up to £100,000 (50,000 in personal injury claims)

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4
Q

In which court should a recovery of land case be heard?

A

County Court

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5
Q

In which court should cases relating to wills, trusts, and inheritance be heard? (if value does not exceed £350,000)

A

County Court

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6
Q

In which court should cases regarding divorce and dissolution of civil partnerships be held?

A

County Court

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7
Q

In which court should cases regarding bankruptcy be held?

A

County Court

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8
Q

Which judges are the County Court staffed by?

A

Circuit and District Judges

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9
Q

Which court is staffed by Circuit and District Judges ?

A

County Court

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10
Q

What are the 3 divisions of the High Court?

A

Kings bench division, Chancery division, and Family division

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11
Q

What is the main division of the High Court?

A

The Kings Bench Division

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12
Q

In which court should contract and tort cases over £100,000 be held?

A

High Court - Kings Bench Division

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13
Q

In which court should appeals from the magistrates on points of law be heard in?

A

High Court - Kings Bench Division

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14
Q

What does the chancery division deal with?

A

disputes relating to land,wills,companies, and insolvency

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15
Q

What are the 4 tracks when dealing with a civil case?

A

small claims track, fast track, intermediate track, multi track

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16
Q

In which track can contract and tort cases only be up to £10,000?

A

Small Claims Track

17
Q

In which track can personal injury cases only be £1500? (or £5000 for road traffic accidents)

A

Small Claims Track

18
Q

Which court are small claims heard in?

A

County Court

19
Q

Which judge listens to small claims?

A

District judge

20
Q

True or false in small claims they are encouraged to not use a lawyer

A

true

21
Q

In which track are they encouraged to not use a lawyer?

A

Small claims

22
Q

In which track can all claims be no more than £25,000?

A

Fast track

23
Q

Which court do fast track cases use?

A

County Court

24
Q

What kind of judge do fast track cases use?

A

Circuit judge

25
Q

True or false fast track hearings are allocated one day

A

true

26
Q

Which track is for claims with a value between £25,000 - £100,000?

A

Intermediate Track

27
Q

How long can an intermediate track case be?

A

up to 3 days

28
Q

True or false in an intermediate track case you may have 3 witnesses on each side

A

false, only 2 are allowed on each side

29
Q

Which track will a case be on if it is over £100,000, or over £50,000 for a personal injury case (also some complex case over £25,000)?

A

Multi track

30
Q

What judge will hear multi track cases and in which type of court?

A

High Court judge in a High Court

31
Q

Fill In The Blanks :
Small claims cases - originally heard by a ________ judge in the ______ Court, appeal hear by a ______ Judge in the ______ Court

A

District, County, Circuit, County

32
Q

Fill in the blanks:
Fast track cases - originally heard by a _______ Judge in the ______ Court, appeal heard by a ____ _____ Judge

A

Circuit, County, High Court

33
Q

In fast track cases can there be a second appeal to the Court of Appeal ?

A

Only if the Court of Appeal considers the appeal will raise an important point of principle or concern.

34
Q

Fill in the blank :
Multi-track - if originally heard in the County Court must be appealed to the _____ __ ______

A

Court of Appeal

35
Q

Can multi-track cases be appealed twice?

A

After the decision of the Court of Appeal there is only a further possible appeal to the Supreme Court on a point of law of general public importance. (permission needed)

36
Q

Fill in the blank :
From an original decision in the High Court, the appeal usually goes to the _____ __ ______

A

Court of Appeal

37
Q

Fill in the blank :
In rare cases, there may be a ‘leapfrog’ directly from the High Court to the _______ Court if ________ _____________ or _______ is involved, or the Court of Appeal is bound by a previous decision.

A

Supreme, Statutory Interpretation, precedent