county And High Courts

Question 1

What is meant by judicial review

Answer 1

Kind of court case in which someone ‘the claimant’ challenges the lawfulness of a government decision

Question 2

What are the county and high court known as?

Answer 2

Court of first instance

Question 3

Describe county courts

Answer 3

Hear majority of civil cases, such as contract, tort, Recovery of land, personal injury less than 50,000

Question 4

Describe high courts

Answer 4

Claims over £15,000, £50,000 for personal injury, has 3 divisions: queens bench,chancery and family division

Question 5

Describe queens bench division

Answer 5

Biggest of the 3 divisions, claims over £100,000, deals with contract and tort, single judge, hardly ever a jury but if there is it will be of 12 members

Question 6

Describe chancery division

Answer 6

Mainly involves disputes, of property and enforcement of mortgages, cases heard by a single judge, juries are never used

Question 7

Describe family division

Answer 7

Disputes about what law should be used in different countries, all family matters under the Hague convention, cases heard by a single judge, crime and courts 2013 created new family court

Question 8

What 3 things do parties need to do in a pre trial procedure

Answer 8

Give as much info to courts as possible (declare everything)
Complete N1 form
Parties must try and undergo ADR

Question 9

What are the 3 tracks

Answer 9

Small claims, fast track, multi track

Question 10

Describe small claims

Answer 10

Heard by District judge who has to have 5 years experience of solicitor or Barrister, claims less than £10,000 except for personal injury cases of £1000,

Question 11

Describe fast track

Answer 11

Heard by Circuit judge (7 years experience and some experience in court) cases of £10,000 to £25,000

Question 12

Describe multi track

Answer 12

Heard by circuit judge(7 years experience and some in court) cases of £25000 and complex cases

Question 13

What does the appeal process depend on?

Answer 13

Where the case was first heard, either a district or circuit judge

Question 14

Describe appeal process

Answer 14

If heard by district judge, appeal is heard by circuit judge in county court
If heard by circuit judge, appeal is heard in high court

Question 15

What does s55 access to Justice Act 1999 state

Answer 15

Appeals can only proceed it the original court or the court about to hear the appeal believes it is a matter of great importance and has a good chance of success

Question 16

What is meant by appellate jurisdiction

Answer 16

The authority a court has to hear an appeal against a decision made by a lower court

Question 17

What is meant by case stated

Answer 17

Procedure by which a court or tribunal can ask another court for an opinion on its point of law

Question 18

What are advantages of civil court process

Answer 18

-process is fair (judge is impartial)
-conducted by legal expert and judge is experienced
-enforcement of courts decision is easier
- structured appeal process

Question 19

What are disadvantages of civil courts process?

Answer 19

-cost of taking d to court is often more than amount claimed
-delay- many preliminary stages to go through
-complicated process
-uncertainty- no guarantee of winning case

Question 20

What is meant by public law

Answer 20

Crimes are committed against the state

Question 21

What is meant by private law

Answer 21

Civil disputes between private individuals