Civil Courts + Appeals Flashcards
What is civil law?
A private dispute between individuals where rights have been infringed.
Who is the claimant?
The person who takes the claim to court.
Who has the burden of proof in a civil case?
The claimant. They must prove that D is liable.
Small claims track
Disputes under £10,000.
Personal injury cases up to £1,000
Heard by Distrcit judge in county court
Fast track
Straightforward disputes of £10,000 to £25,000
District or circuit judge in county court
Multi-track
Cases over £25,000 or complex cases under this amount
Circuit judge in county court
advantages of using the courts
-easier to enforce decisions (judge=legally binding)
-fair process
-judge is a legal expert
-appeal system available
-legal aid avaialable for some cases
disadvantages of using the courts
-cost
-delay
-complicated
-uncertain
-queen’s bench division
-mainly for contract and tort cases worth more than £100,000 or for cases where there is an important point of law
chancery division
-cases involving business and property disputes
family division
-cases where child is the subject of legal proceedings
county courts
-200 in england and wales
-most major towns have them
-try nearly all civil cases
-over 1.5 million claims a year
high courts
-based in london
-can hear any civil case in the three divisions
