Civil Law Definitions

Question 1

Purpose

Answer 1

If civil wrong is committed and party at fault found to be liable, purpose of case is to find solution or remedy

Question 2

Outcomes and remedies

Answer 2

Outcome for injured party is initially compensation or where compensation is insufficient, court order such as an injunction to stop defendant continuing activity.

Question 3

Taking the case to court

Answer 3

Decision to take matter to court made by individual who wishes to make claim that cannot be settled as any other way such as by negotiation.

Question 4

Parties to an action

Answer 4

Two sides in civil action are claimant (who is making complaint against other party to show they’re liable for injury, damage or death) and defendant (who’ll argue they aren’t at fault).

Question 5

Standard of proof

Answer 5

In civil case, decision made on a ‘balance of probabilities’. To make decision against defendant, judge had to be 51% sure they’re liable.

Question 6

Case names for current and past cases

Answer 6

Civil cases referred to by surname or business name of claimant and hat of defendant.

Question 7

Terminology

Answer 7

Words such as ‘sue’, ‘liable’, ‘not liable’ and ‘remedies’ related to civil law.

Question 8

Courts

Answer 8

If parties cannot agree to an out of court settlement, a trial will take place in issued the County Court or High Court.

Question 9

Examples of areas of civil law

Answer 9

Areas of civil law include negligence in law of tort and contract law.

Question 10

Claimant

Answer 10

Person or organisation complaining they’ve suffered loss or damage.

Question 11

Defendant

Answer 11

Person alleged to have caused loss or damage.

Question 12

Law of tort

Answer 12

Part of civil law dealing with civil wrongs, such as negligence and nuisance.

Question 13

Negligence

Answer 13

Failure to act or acting in a way not expected of a reasonable person.

Question 14

Contract law

Answer 14

Part of civil law protecting people and businesses who’ve made agreements - for example, about buying and selling goods and services.

Question 15

Compensation

Answer 15

Sum of money paid to someone (a claimant) who has successfully brought a case against someone else (a defendant).

Question 16

Doctrine of precedent

Answer 16

Once point of law has been decided in particular case, that statement of law must be applied in all future cases containing same material facts.

Question 17

District judge

Answer 17

Full-time judge who deals with majority of cases in County Courts.

Question 18

Circuit judge

Answer 18

More senior judge to a District judge.

Question 19

Recorders

Answer 19

Judge who may sit in both Crown and County Courts, but most start by sitting in Crown Court. The appointment is part-time, perhaps for 20-30 days per year, and is the first step on the ladder of judicial appointments.

Question 20

Chancery devision

Answer 20

Deals with disputes about matters such as land, wills and insolvency. Also a separate specialist court within Chancery division, called Companies Court. Handles cases relating to insolvency of companies.

Question 21

Family division

Answer 21

Deals with some aspects of divorce, children’s welfare and medical treatment. Most family law matters are dealt with in Family Law Courts rather than High Court Family division.

Question 22

Insolvency

Answer 22

When an individual or business cannot pay its debts. Is usually accompanied by having more liabilities than assets.

Question 23

Appellate courts

Answer 23

Courts that hear appeals from first-instance decisions

Question 24

Judicial precedent

Answer 24

System whereby judge must follow decision made in previous cases where the facts are same as those in present case.

Question 25

Costs

Answer 25

Expenses of winning party that are usually ordered to be paid by losing party.

Question 26

Arbitrator

Answer 26

Impartial person who makes decision on dispute by means of arbitration. This is an alternative to a court hearing to settle dispute.

Question 27

Arbitration

Answer 27

Service that provides an impartial referee to settle disputes.

Question 28

Conciliation

Answer 28

Process where an impartial expert (known as a conciliator) encourages two sides to come to an agreement between themselves.

Question 29

Mediation

Answer 29

Process that focuses on working on the relationship between parties involved.

Question 30

Ombudsman

Answer 30

Person who investigates complaints about organisations.

Question 31

Adversarial process

Answer 31

Process of setting out two conflicting positions for judgement.