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law paper 1 section a > civil courts and procedure > Flashcards

civil courts and procedure Flashcards

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1
Q

What is the aim of civil law?

A

to protect people and businesses in society

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2
Q

What are some of the problems with the civil courts?

A

they can be costly in time and money
Traumatic for parties
May not lead to a satisfactory outcome

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3
Q

what does civil law aim to give the claimant?

A

Compensation for the loss or damage
Court orders to stop someone from doing/not doing something

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4
Q

what is the burden of proof for civil law?

A

The claimant

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5
Q

what is the standard of proof of civil law?

A

The balance of probabilities (over 50%)

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6
Q

What is the hierarchy of civil courts?

A

supreme Court
Court of appeals
High Court
County Court

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7
Q

when does County Court here claims?

A

When the compensation is up to £100,000

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8
Q

who are claims at county court herd by?

A

A single judge

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9
Q

when do Highcourt hear claims?

A

Over £100,000
On a complicated issue of law

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10
Q

Who are claims in Highcourt heard by?

A

A single judge

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11
Q

what will the judge decide in both High Court and county court

A

Liability
Amount of compensation
Any other remedy requested?
Amount of cost to be paid, and by who

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12
Q

what claims are heard in the Chancery division?

A

Dispute over trust
Continuous probate claims
Partnership matters

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13
Q

how did the wolf reforms aim to change civil courts?

A

Wanted to deal with cases expeditiously
Ensure proportionality
Ensure parties are on equal footing
Limit costs
Ensure appropriate allocation of court resources

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14
Q

What must claimant do before taking a claim to court?

A

Try to resolve it with alternate dispute resolution

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15
Q

How does a claimant issue court proceedings?

A

Filling in a claim form

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16
Q

What muscle defendant do after the claimant fill out the claim form?

A

Admit or deny liability within 14 days of receiving the form

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17
Q

What can the claimant do if the defendant doesn’t reply to the claim form within 14 days

A

Ask for a judgement in default

18
Q

What are the three options that defendant has when replying to the claim form?

A

admit liability and pay the full amount
Admit liability, but dispute the amount
Defend the claim and possible counterclaim

19
Q

what will be sent to both parties if the defendant decides to defend a claim

A

A directions questionnaire

20
Q

what does the directions questionnaire help determine?

A

The location, track and timing of the trial

21
Q

how does the track the claim is on affect the claim?

A

it affects how much the claimant can claim and how the claim will proceed through court

22
Q

What are the three tracks of claim can go on?

A

small claim
Fast
Multi

23
Q

what does the small claims trap cover?

A

Claims under £10,000
And money only claims

24
Q

what is the claim limit for personal injury from road traffic accident claims in the small claims track

A

£5000

25
Q

What is the claim limit for any other personal injury claims in the small claims track?

A

£1500

26
Q

Where and who is a small claims track heard?

A

County Court
District or circuit judge

27
Q

What are the parties limited to in a small claim track?

A

Time
Witnesses
No legal rep for free

28
Q

What does the fast track cover?

A

Claims between the value of £10,000-£25,000

29
Q

what is the claim limit for personal injuries in the fast track?

A

Over £5000

30
Q

What is the claim limit for any other personal injury in the fast track?

A

Over £1500

31
Q

Who and where are claims from the fast track heard

A

County Court
District or circuit judge

32
Q

what time limits do claims in the fast track have?

A

One day

33
Q

what claims do the multitrack cover?

A

Over £25,000

34
Q

where will cases from the multitrack start?

A

County Court before circuit judge

35
Q

Where and why make cases from the multitrack moved to?

A

hi Court
If over £50,000 or a complex case
Or in a specialist area

36
Q

Who and how will cases from the multi track be managed by?

A

An active judge with a strict timetable

37
Q

what will happen after the track is allocated?

A

the judge will issue directions
including trial date, disclosure of documents and witness
Delays and how to speed up the process

38
Q

What must parties file to show that they are ready?

A

Pre-trial checklist

39
Q

what will the pre-trial checklist contain?

A

Witnesses
How long will take?
Pay a hearing fee

40
Q

what can failure to complete the pre-trial checklist lead to?

A

The case being struck out

41
Q

what is the role of a judge in civil court?

A

Allocate case to track
Deal with pre-trial issues
Agreed timetable
Provide over court
Decide legal issues
Award of damages
Cost of the case

law paper 1 section a (10 decks)

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