english legal system Flashcards
what do civil courts hear
hear claims regarding things such as torts, divorce proceedings and contract courses
what powers of sentencing powers do civil cours have
damges, injuctions, remedies
are tribunals a court
no, but they sit along side the courts
what is the purpose of criminal courts
to judge the guilt of a defendant based on evidence presented by prosecution
what types of sentencing may criminal courts give
prison time, community orders, fines
what is an appeal
when a case is referred to a court higher up the heirarchy for a review
what may be reviewed in an appeal
a sentence, the application of law, damages to be paid, unsafe convictions ie jury tampering
where do civil cases begin
a county court
what claims may the county court hear
negligence, breach of contract or bankruptcy claims under 100,000
what judges may be in a county court
district judge, circuit judge, recorder
what court hears complex civil cases
the high court
what are civil cases in the high court often worth
over 100,000
what judge hears high court civil cases
high court judges
what is the lowest criminal court
magistrates
what cases do magistrates courts hear
low level, smaller crimes
who hears cases in the magistrates court
magistrates
what are the sentencing piwers of the magistrates court
6 months for a single offence, and up to 5000 fine
what is the second level of criminal courts
crown court
what type of cases does the crown court hear
more serious criminal offences
who hears cases in the crown court
a circuit judge or recorder, and a jury
what is the role of the jury in a crown court
to decide the verdict
what is the role of a judge in a crown court
to decide the sentence
what are the sentencing powers of the crown court
unlimited powers
who is the burden of proof on in criminal cases
the prosecution
who is the burden of proof on in civil cases
the claimant
what is the standard of proof in criminal cases
beyond reasonable doubt
what is the standard of proof in civil cases
on a balance of probabilities
who brings the case in criminal cases
the state against the accused
who brings the case in civil cases
a private person against another
define burden of proof
requirement of evidence in order to prove the cased
define standard of proof
the degree of which the case must be proven
civil courts from high to low power
supreme court, court of appeal, high court, county court
what are the three divisions of the high court
the family division, the kings bench division, the chancery division
what type of cases does the family division hear
custody and child support
what type of cases does the kings bench division
complex civil cases
what type of cases does the chancery division
finance, business and land
what are the three tracks in civil courts
small claims, fast track, multi track
what types of cases are the small claims
claims under 10,000 or personal injury under 1,000
what judges usually hear small claims
district judges
what types of cases are fast track
claims from 10,000 to 25,000 or personal injury between 1,000 and 15,000
what judges usually hear fast track
circuit judges
what courts are multi track claims heard in
county court or high court
what courts are fast track claims heard in
county court
what courts are small claims heard in
county court
what type of cases are heard in the county court for multi track claims
claims up to 100,000 or personal injury up to 50,000
what type of cases are heard in the high court for multi track claims
claims over 100,000 or personal injury over 50,000
what judges may hear multi track
circuit or high court judges
what influenced the track system
the woolf report
what were the aims of the track system
to make fair and accesible by: simplifying, quickly allocating and reducing litigation costs
what is the pre trial procedure for civil claims
fill out n1 form and send to court with a fee, defendant receives copy alongside response pack, defendant has 14 days to respond accordingly, allocation to court and trial date if choose to defend or counter claim
what are the four options given to a defendant in a pre trial procedure for a civil claim
settle out of court, ignore and forfeit, defend claim in court, counterclaim
what happens during a civil trial
judge listens to both parties evidence and witnesses may be called, judges asks questions to parties, judge decides outcome and remedy is decided and liable party must abide by this
why are parties discouraged from using witnesses and legal aid in civil cases
to prevent the trial becoming longer and more expensive
what act gives parties the right to appeal following a civil case
access to justice act 1999
when will an appeal likely process in civil cases
if the legal area is of great importance or the appealing party has a great chance of success
what are the options of a court in regards to appeals
refusal, upholding or setting aside decison, vary initial order or judgment, refer claim back to original court, order new trial or hearing
what are some advantages of the three tracks in civil courts
different judges with different experience levels, small claims an fast track are faster, multi track caan go to high court, reduces the need for legal representation
what are some disadvantages of the three tracks in civil courts
pre trial procedures slow down the process, still expensive and may not be worth it, power inequalities
what does adr stand for
alternative dispute resolution
define adr
where parties settle a dispute outside of court
why are people encouraged to use adr
to save time and money within the court system
what are the advantages of using a court to solve a dispute
fair, conducted by legal experts, all decisons can be enforced, appeal routes, legal aid
what are the disadvantages of using courts to solve a dispute
costly, delays, complicated process, uncertainty, power imbalance
what are the four types of adr
negotiation, conciliation, mediation, arbitration
what form of adr is legally binding
arbitration
what statute governs arbitration
the arbitration act 1996
what is the difference between a concilliator and a mediator
the concilliator plays an active role
which contract clause states arbitration must be used
scott v avery
which is the least formal type of adr
negotiation
define negotiation
negotiation directly with another party, it is private quick and cheap but often requires lawyers and cooperation between parties
when can negotation be used
at any point in a dispute
define mediation
a neutral mediator helps parties reach a compromsie by lookiung for common ground and carry offers in order to facilitate the agreement, but parties must cooperate
what must families do before going to court
show they have attended a mediation information and assesment meeting
define concilliation
neutral third party plays an active role by suggesting solutions and a basis for settlement
what do the courts offer before a course
conciliation
what is arbitration
an informal procedure where parties choose 1-3 specifically trained arbitrators
where are independent arbitrators from
chartered institute of arbitrators
what are advantages of adr
spped, informal, parties in control, expert decision makers, limited need, can be enforceable, less costly, private, maintains relationships
what are the disadvantages of adr
lack of state funding, possible imbalance, depependant on availability, costly, limited appeals, not appropriate for complex law, not bound by precedent
what does odr stand for
online dispute resolution
who uses odr
companies like ebay
what is odr
to resolve disputes regarding consumer and financial matters
what are tribunals
bodies outside the hierarchy of courts with administrative and judicial functions.
what do tribunals mainly rule on
disputes beteen private orginisations, individuals and state officials
what type of cases occur in tribunals
immigration, asylum, tax and employment
what types of tribunal are there
first tier, upper tier, court of appeal
what act set up tribunals
national insurance act 1911
what is the tribunal system based on
the leggatt report 2000
what act structures tribunals
the tribunals, courts and enforcement act 2007
what do employment chambers of tribunals hear cases on
unfair dismissal, discrimination, whistleblowing, unpaid wages
who leads cases in tribunals
tribunal judge
what is acas and its function
advisory concilliation and arbitration service who must be informed when making a claim for a tribunal
what steps must be taken for a tribunal hearing
human resources procedures to make a formal compliant, if not succesful the employee has 30 days to fill out an et1 form to make a claim
describe a tribunal panel
a judge, a representative of employer, a representative of employee (may be a judge alone if simple)
where do tribunals take place
outside of a courtroom, are now often online
what is a likely remedy at a tribunal
may be compensation or reference - only remedy when in favour of employee
can appeals and reviews be made for tribunals - when
42 days for an appeal or 14 days for a review
give three advantages of a tribunal
free so accesible, acas support concilliation, fast and informal
give three disadvantages of a tribunal
confrontational, many stages, overwhelming with powerful employers
