Brainscape's Knowledge GenomeTM

Browse over 1 million classes created by top students, professors, publishers, and experts.


See full index

English Legal System > Civil Justice System > Flashcards

Civil Justice System Flashcards

You may prefer our related Brainscape-certified flashcards:
Proverbs and Idioms flashcards
1
Q

How long do you have to serve a claim form after issue

A

4 months

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

How long is a claim form valid for

A

4 months and 1 day

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

What should a claim form be accompanied by

A

Response pack

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

Methods of serving a claim form

A

In person
First class post, DX or delivery service providing next business day delivery
Leaving it at relevant places
Fax or electronic method but other party must have indicated willingness to accept it electronically
Any other method authorised by courts

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

What does without prejudice mean

A

The judge must not be informed of the offer until case has been decided

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

Reasons to want a HC judge

A

Financial value
Complexity
General public importance

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

Cases to be started in HC

A

Libel or slander
Title to toll, fair market or franchise is in question
Habeas corpus
Damages under HRA for judicial acts

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

Cases to be started in county court

A

Discrimination

Enforce regulated agreements and linked transactions under consumer credit act where upper credit limit is £25k

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

Exceptions to concurrent jurisdiction in HC / CC

A

Non personal injury cases in CC unless value is £100k+

Specific enactment

Money claim started in HC may be transferred to CC if worth less than £100k

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

Who can grant permission for appeal

A

First appeal - lower court or appeal court

Second appeal- only C of A

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

Criteria for granting a first appeal

A

Real prospect of success
Or
There is some other compelling reason why it should be heard

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

Criteria for permission for second appeal

A

Must have real prospect of success
And
Raise an important point of principle or practice
Or
Some other compelling reason to allow it

Law only not facts unless PD makes exception or interests of justice to hold re-trial

CofA only allows appeal if lower court erred in law, fact, or exercise of discretion or unjust due to procedural irregularity

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

Which court appeals to which court

A

District judge (cc) - circuit judge (cc)
Circuit judge (cc) - high court judge (HC)
Master high court (HC) - HCJ (HC)
HCJ (HC) - lord justice of appeal (c of a)
LJ of appeal (c of a) - justice of SC (SC) up

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

What is the overriding objective of CPR

A

Deal with cases justly and at proportionate cost

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

What does it mean to deal with a case justly and proportionately

A 
Ensure parties on equal footing
Save expenses
Deal expeditiously and fairly 
Appropriately share courts resources 
Enforcing rules, PDs and orders 
Deal proportionately
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

How to enforce the overriding objective of dealing justly and proportionately

A

Court must actively manage cases to further objective

Parties are required to help the court further this objective

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
17
Q

Are costs always awarded to winning party

A

No it’s at the courts discretion

18
Q

What is the indemnity principle regarding costs

A

Winning party cannot recovery costs greater than they pay to their legal representation

19
Q

Will the full costs always be awarded when a costs order is made

A

No might be all costs but might be just part or between some dates

20
Q

Will all costs be assessed

A

No sometimes they are fixed

21
Q

What is a wasted costs order

A

When conduct of legal rep is improper, unreasonable or negligent they pay own clients costs (indemnity) or pay opponents costs

22
Q

Small claims track

A

No harassment or residential eviction
-£10k
Personal injury LAPS £1k or Landlord and tenant repairs £1k
District judge
Solicitor, barrister, LiP or lay representative
Cross examination, evidence and costs limited
No disclosure or inspection

23
Q

Fast track

A 
£10-25k
Trial not more than one day
One expert per party 
Fixed costs only
Standard disclosure unless dispensed with by court or parties
24
Q

Multi track

A

Over £25k
Or under £25k but more than one day trial or more than one expert per party
CMC - identify issues and try to resolve some before main trial
Expert evidence is controlled by judge
Detailed list of evidence for disclosure

25
Q

what are the 3 types of tribunals

A

those administered through local authorities
those run by gov depts
those administered by HMCTS

26
Q

appeal process for tribunals

A

FTT - UT - C of A

27
Q

how long do you have to appeal a tribunal decision

A

file notice within 28 days of decision

JR and employment have shorter time scales

28
Q

what chambers does the upper tribunal have

A

administrative appeals,
tax and chancery
immigration and asylum
land and employment

29
Q

chambers of FTT

A 
social entitlements
health, education and social care
regulatory matters
tax
immigration
asylum
land
employment
30
Q

which judges sit on privy council

A

supreme court judges and sometimes commonwealth judges

31
Q

eligibility criteria to appeal a civil matter to the privy council

A

the case must raise a point of general public importance or there has been a grave violation of natural justice

32
Q

who gives permission to appeal to supreme court

A

ask c of a first. if they refuse then apply to SC directly.

33
Q

how long do you have to appeal to SC

A

28 days from judgement

34
Q

does an appeal to SC suspend decision of court below

A

no

35
Q

eligiblity criteria to appeal to SC

A

arguable point of law of general public importance that ought to be considered by them at that time

36
Q

who makes decisions in SC

A

full court or court registrars and single judge for procedural matters
registrar normal hears on papers but can have oral hearing if they wish

37
Q

do county courts attach to counties

A

no

38
Q

is it possible to leapfrog C of A and appeal from HC to SC

A

rare but yes on point of law of public importance. SC must grant permission

39
Q

eligibility criteria to appeal a civil case to C of A for first appeal

A

the court considers the appeal would have a real prospect of success or there is some other compelling reason why the appeal should be heard

40
Q

eligibility criteria to appeal a civil case to C of A for further appeal

A

real prospect of success and

raises important point of principal or practice or other compelling reason to hear it

41
Q

how long do you have to appeal to C of A for first appeal or further appeal

A

21 days from date of judgment or other date set by court

42
Q

admin process to appeal to C of A for first appeal or further appeal

A

21 days from decision to get permission
serve notice on other party not later than 7 days after filing
respondent can file and serve their own notice within 14 days of receiving appelants notice
court will need to see grounds for appeal and skeleton argument

English Legal System (5 decks)

Brainscape helps you reach your goals faster, through stronger study habits.
© 2024 Bold Learning Solutions. Terms and Conditions