ELS Flashcards
the law commission was set up in 1965 and it keeps laws under review by
- researching existing laws
- consulting
- drawing up proposals for reform
the law commission can make proposals for
- reforming the law
- codifying the law
- consolidating the law
- repealing out of date law
who decides whether to implement the proposals put forward by the law commission
parliament
adv of reform through law commission
+ researched by legal experts
+ consultation before drawing up proposals
+ whole areas of law are considered
precedant
stand by what has been decided
cases made by the supreme court or court of appeal with the same or similar facts must be followed
cases
donoghue v stevenson - follow precedent
a v hoare - changing precedant
herrington v brb - distinguish precedant
advantages and disadvantages
+ flexible - distinguish between material facts
- too rigid - only br overuled by supreme court - takes too long to appeal and gety expensive
burden of proof
claiment must prove the case
standard of proof
“beyoind reasonable doubt”
means liabilty must be more likely then not
pre-action letter of claim
a letter detailing the losses to give to thd D for a chsnce to settle outside of court
thd claim form
- formally starts a civil case
- issued to courts
- court fee is paid
- details losses w evidence
- D has 14 days to reply
the county court
jurisdiction: small tracks(10k) and fast tracks(up to 25k) or multi track if they have low complexitiy
- district/ circuit judge
appeals: COA, Supreme Court, European court of justice
The High Court
jurisdiction: multi track
three divisions: chancery, family, queens bench
- high court judge
appeals are same county court
small claims track
less than £10,000 in county court w a district judge
parties usually represent self
fast track
15,000 - 25,000
county court by district judge
takes no longer then 30 weeks
multi track
county court or high court
over £25,000
heard by high court judge
allocation questionnaire
form N150 + court fee
both D and V complete
establishes length, location, and track
appeals in civil cases
both claimant and defendant can request and appeal
only granted on proper grounds
court of appeal and supreme court
appeals from county courts
appeals from small and fast
fast appeal > circuit judge
second appeals
only allowed in exceptional cases
must raise important point of law or some other compelling reasons
tribunals
alternative dispute resolution
give people a method of enforcing social rights
cannot go to court after tribunals q
first tier tribunals
hear case at first instance
immigration/ asylum chamber
employment tribunal
employees who feel they have been treat unlawfully by employer
second appeal
goes to court of appeal in exceptional cases, must raise an important point of law
negotiation
voluntary process, either party can’t withdraw, informal, outcome is not binding
mediation
third party is involved, professionally trained, outcome is not binding unless both parties agree, cost of mediator is equally payed
summary offences
first hearing at magistrates court, D will enter plea, public funding and bail application, tried in magistrates court
triable either way offences
if pleads guilty magistrates decide sentencing
jurisdiction of the magistrates court in crime
lay magistrates decide if guilty or innocent, helped by a qualified legal clerk
jurisdiction of crown court
judge decides sentencing, not facts, jury decide facts and verdict
