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Law > Civil Courts & Procedure + ADR > Flashcards

Civil Courts & Procedure + ADR Flashcards

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1
Q

What is burden of proof

A

In civil it is who is in charge showing evidence and who is providing the defence

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2
Q

Who has the burden of proof in civil court

A

Claimant

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3
Q

Who has the burden of proof in criminal court

A

Prosecution

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4
Q

What is the standard of proof

A

It is the balance of probabilities(in civil)
Beyond reasonable doubt (99% in criminal)

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5
Q

What’s the hierarchy in civil

A

Supreme Court
Court of appeal
High court
County court

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6
Q

What of part of my essay will i talk about pre-trial protocols

A

The beginning

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7
Q

What is pre-trial protocols

A

It is before a court claim is started the parties must follow a pre-action protocol

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8
Q

What does a pre-trial protocol include

A

Exchanging sufficient info about the case
Trying to settle the case without going to court- as it is an expensive process
Considering alternative dispute resolution.

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9
Q

What’s the steps in issuing civil proceedings

A
  1. Commencing an action will require the claimant to complete an N1
  2. Issue the form at a county court or the high court in London
  3. The claimant will need to pay a fee to issue the claim, which can varies from about £35 to £10,00 depending on the value
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10
Q

How many days does the defendant have to reply to the form

A

14

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11
Q

How many days does the defendant have to issue a defence

A

28

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12
Q

What happens if the defence does not reply within 14 days

A

The claimant can ask the court for a ‘judgement in default’ meaning the claimant has won

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13
Q

What is the small claims

A

It is claim that are under £10,000 for non- person injury claims, dealt with by a district judge in county court.

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14
Q

What is a fast track

A

Between £10,000 to £25,000 c in county court

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15
Q

What is a multi track

A

The claims can be over £25,000 or lesser money where the case involves. Complex, dealt with by a circuit judge and in either high court or county

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16
Q

What is case management

A

The procedural role of the court in ensuring the disposal of disputes in accordance with the overriding objective.It is after the case has been allocated the trial date will be set

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17
Q

What directions will the judge give

A

Disclosure of documents
Use of expert witnesses

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18
Q

What can judges do to speed up the process

A

May summon the parties to court to find out about any delays and to make orders

19
Q

What does a N1 form outline

A
  1. Details of the two parties involved
  2. Value of the claim
  3. Bases of the claim
20
Q

On civil law a party may appeal a decisions on the grounds if there were

A
  1. An error of law
  2. An error of facts
  3. Procedural unfairness
21
Q

What will happen in civil law when trial is appeal

A

It wont go up to the next court it will go to a more senior judge
E.g county court district judge to a circuit judge in the same court

22
Q

What happens to appeals from the high court

A

From a decision in the high court, the appeal will be heard by the court of appeal (civil division)

23
Q

What are ‘leapfrog’ appeals

A

Cases of national importance or raises issues of sufficient warrant
For example leapfrog the court of appeal and go straight to the supreme

24
Q

What can ‘leapfrog’ appeals explain

A

Issues a claim
Appeal routes

25
Q

Advantage: fair process ?

A

It is the civil procedure rules(CPR) it ensures fairness and equality in litigation, reducing bias risk.

26
Q

Advantage:expert trials?

A

When the judges’ legal expertise ensures accurate decision-making, especially in complex cases.

27
Q

Advantage:efficient enforcement ?

A

Robust mechanisms ensure court judgements are effectively enforced

28
Q

Advantage: appeal routes ?

A

Civil appeals allow for challenging initial judgement, ensure if review and correction

29
Q

Disadvantage : high costs

A

Legal fees can deter individuals from pursuing legitimate claims

30
Q

Disadvantage : lengthy cases?

A

Some civil cases can take over a year to resolve, delaying justice.

31
Q

Disadvantage: complexity ?

A

Legal procedures can be challenging for laypersons, hindering access to justice

32
Q

Disadvantage: uncertain outcomes ?

A

Litigation outcomes are unpredictable, causing stress.

33
Q

What’s a tribunals

A

It something that is less formal, they are use instead of court and also they are legally binding

34
Q

What members made up in each employment in tribunal

A
  • Legally qualified chair
  • representative of employers
  • representative of employees
35
Q

Who created tribunals

A

By the industrial training act 1964

36
Q

3 examples of common tribunals issues

A
  • Unfair dismissal
  • discrimination
  • unfair deductions from pay
37
Q

What need to happens to bring an EAT claims

A
  • Did not apply the correct law
  • did not follow the correct procedures
    -had no evidence to support its decision
  • was unfairly biased toward the other party
38
Q

What is alternative dispute resolution (ADR)

A

It is a way of describing any method of resolving a dispute without using court or tribunal

39
Q

What’s negotiation

A

Coming to agreement throught discussion between the parties, might use alawyers it can continue even when court proceedings have been commenced

40
Q

What’s mediation

A

A neutral mediator helps the parties reach agreement, exploring for different decision for each party
Not legally binding

41
Q

What’s a conciliation mediator

A

Takes an active role to discuss their option guiding to a resolution

42
Q

What’s an arbitration

A

This is where the parties agree to submit their claims to the judgement of some persons other than A judge

43
Q

What is agreeing to arbitrate

A

The parties can agree to go to arbitration at any stage. Often parties to acommercial contract will include a clause agreeing to go to arbitration if there is A dispute

44
Q

If there is an arbitration clause in contract, what happens

A

The courts will generally not deal with dispute ‘ it is legally binding

Law (30 decks)

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