Civil Courts and other forms of dispute resolution Flashcards

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

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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

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
True or false fast track hearings are allocated one day
true
26
Which track is for claims with a value between £25,000 - £100,000?
Intermediate Track
27
How long can an intermediate track case be?
up to 3 days
28
True or false in an intermediate track case you may have 3 witnesses on each side
false, only 2 are allowed on each side
29
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)?
Multi track
30
What judge will hear multi track cases and in which type of court?
High Court judge in a High Court
31
Fill In The Blanks : Small claims cases - originally heard by a ________ judge in the ______ Court, appeal hear by a ______ Judge in the ______ Court
District, County, Circuit, County
32
Fill in the blanks: Fast track cases - originally heard by a _______ Judge in the ______ Court, appeal heard by a ____ _____ Judge
Circuit, County, High Court
33
In fast track cases can there be a second appeal to the Court of Appeal ?
Only if the Court of Appeal considers the appeal will raise an important point of principle or concern.
34
Fill in the blank : Multi-track - if originally heard in the County Court must be appealed to the _____ __ ______
Court of Appeal
35
Can multi-track cases be appealed twice?
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
Fill in the blank : From an original decision in the High Court, the appeal usually goes to the _____ __ ______
Court of Appeal
37
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.
Supreme, Statutory Interpretation, precedent
38
What is an employment tribunal?
They make decisions about disputes between workers and employers.
39
Whihc act sets out the rules relating to employment tribunals ?
Employment Tribunals Act 1996
40