Civil Courts & Procedure + ADR Flashcards
What is burden of proof
In civil it is who is in charge showing evidence and who is providing the defence
Who has the burden of proof in civil court
Claimant
Who has the burden of proof in criminal court
Prosecution
What is the standard of proof
It is the balance of probabilities(in civil)
Beyond reasonable doubt (99% in criminal)
What’s the hierarchy in civil
Supreme Court
Court of appeal
High court
County court
What of part of my essay will i talk about pre-trial protocols
The beginning
What is pre-trial protocols
It is before a court claim is started the parties must follow a pre-action protocol
What does a pre-trial protocol include
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.
What’s the steps in issuing civil proceedings
- Commencing an action will require the claimant to complete an N1
- Issue the form at a county court or the high court in London
- 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
How many days does the defendant have to reply to the form
14
How many days does the defendant have to issue a defence
28
What happens if the defence does not reply within 14 days
The claimant can ask the court for a ‘judgement in default’ meaning the claimant has won
What is the small claims
It is claim that are under £10,000 for non- person injury claims, dealt with by a district judge in county court.
What is a fast track
Between £10,000 to £25,000 c in county court
What is a multi track
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
What is case management
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
What directions will the judge give
Disclosure of documents
Use of expert witnesses
What can judges do to speed up the process
May summon the parties to court to find out about any delays and to make orders
What does a N1 form outline
- Details of the two parties involved
- Value of the claim
- Bases of the claim
On civil law a party may appeal a decisions on the grounds if there were
- An error of law
- An error of facts
- Procedural unfairness
What will happen in civil law when trial is appeal
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
What happens to appeals from the high court
From a decision in the high court, the appeal will be heard by the court of appeal (civil division)
What are ‘leapfrog’ appeals
Cases of national importance or raises issues of sufficient warrant
For example leapfrog the court of appeal and go straight to the supreme
What can ‘leapfrog’ appeals explain
Issues a claim
Appeal routes
Advantage: fair process ?
It is the civil procedure rules(CPR) it ensures fairness and equality in litigation, reducing bias risk.
Advantage:expert trials?
When the judges’ legal expertise ensures accurate decision-making, especially in complex cases.
Advantage:efficient enforcement ?
Robust mechanisms ensure court judgements are effectively enforced
Advantage: appeal routes ?
Civil appeals allow for challenging initial judgement, ensure if review and correction
Disadvantage : high costs
Legal fees can deter individuals from pursuing legitimate claims
Disadvantage : lengthy cases?
Some civil cases can take over a year to resolve, delaying justice.
Disadvantage: complexity ?
Legal procedures can be challenging for laypersons, hindering access to justice
Disadvantage: uncertain outcomes ?
Litigation outcomes are unpredictable, causing stress.
What’s a tribunals
It something that is less formal, they are use instead of court and also they are legally binding
What members made up in each employment in tribunal
- Legally qualified chair
- representative of employers
- representative of employees
Who created tribunals
By the industrial training act 1964
3 examples of common tribunals issues
- Unfair dismissal
- discrimination
- unfair deductions from pay
What need to happens to bring an EAT claims
- 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
What is alternative dispute resolution (ADR)
It is a way of describing any method of resolving a dispute without using court or tribunal
What’s negotiation
Coming to agreement throught discussion between the parties, might use alawyers it can continue even when court proceedings have been commenced
What’s mediation
A neutral mediator helps the parties reach agreement, exploring for different decision for each party
Not legally binding
What’s a conciliation mediator
Takes an active role to discuss their option guiding to a resolution
What’s an arbitration
This is where the parties agree to submit their claims to the judgement of some persons other than A judge
What is agreeing to arbitrate
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
If there is an arbitration clause in contract, what happens
The courts will generally not deal with dispute ‘ it is legally binding
