Civil Law and Inquests Flashcards
What do civil courts cover?
Contract disputes, torts, debt, divorce, landlord disputes, defamation, bankruptcy, trespassing
What is the county court?
Deals with civil cases
Limited to £50,000
Presided over by single district or circuit judge
What is the small claims court?
Deals with civil cases less than £10,000
Sub-division of civil court
Usually cheaper and quicker
What is the High Court?
Deals with more serious cases worth over £50,000
Includes professional negligence, accidents leading to death, fraud, claims against police, malicious prosecution or false imprisonment, and defamation
What is the civil case procedure?
Starts with a claim form detailing claim, and the remedies sought e.g. damages or injunction
What is the civil trial procedure?
Confined to issues in statement of case - claim form, particulars of claim, defence to claim, and counter claim
Journalists have a right to info under Civil Procedure Rules
Without jury
Documents read and exchanged before hearing
Determined on Balance of Probability
Jury used for trials of: fraud, false imprisonment, malicious prosecution
How does contempt affect civil cases?
Proceedings active when case is set for trial, but risk is less than substantial unless there is a jury
What is an inquest?
Held by the coroner, usually a qualified barrister, solicitor or doctor of atleast 5 years
Aim is to establish identity of dead person, how, when and where he/she died, and the details to be registered.
What are the inquest procedures?
Coroners can lead witnesses
Can receive written statments, read out in court, unless coroner directs otherwise
Suicide notes not read out
Family can question witnesses as well as jurors
What happens with the verdicts of an inquest?
Coroner recors verdicts, and juries return them on the balance of probabilities
In narrative verdicts, an account of the agreed circumstances of death is given with key observations
Rule 43 letters allows the coroner to write to parties involved to learn lessons from the death
Findings can find individuals/orgs responsible, with criminal prosecutions following verdicts
What are ethical issues involved?
Reporting Suicide clause 5 - report should avoid giving excessive detail of method used, to prevent simulative acts, while taking into account the media’s right to report legal proceedings
What are the presses rights regarding inquests
Press have no statutory right to know about inquests
BUT the Home Office circular says press should be informed
What is the appeals process for inquests?
No direct right of appeal against verdicts
BUT high court can quash a verdict on judicial review
New inquest held if in the interests of justice
What happens if someone finds buried treasure?
Inquests establish ownership of objects like gold and silver atleast 300 years old
Treasure Act - find must be reported to coroner within 14 days
Finders receive rewards, but if no museum wants it, treasure returned to finders
