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LAW 1 > english legal system > Flashcards

english legal system Flashcards

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1
Q

what do civil courts hear

A

hear claims regarding things such as torts, divorce proceedings and contract courses

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2
Q

what powers of sentencing powers do civil cours have

A

damges, injuctions, remedies

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3
Q

are tribunals a court

A

no, but they sit along side the courts

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4
Q

what is the purpose of criminal courts

A

to judge the guilt of a defendant based on evidence presented by prosecution

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5
Q

what types of sentencing may criminal courts give

A

prison time, community orders, fines

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6
Q

what is an appeal

A

when a case is referred to a court higher up the heirarchy for a review

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7
Q

what may be reviewed in an appeal

A

a sentence, the application of law, damages to be paid, unsafe convictions ie jury tampering

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8
Q

where do civil cases begin

A

a county court

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9
Q

what claims may the county court hear

A

negligence, breach of contract or bankruptcy claims under 100,000

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10
Q

what judges may be in a county court

A

district judge, circuit judge, recorder

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11
Q

what court hears complex civil cases

A

the high court

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12
Q

what are civil cases in the high court often worth

A

over 100,000

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13
Q

what judge hears high court civil cases

A

high court judges

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14
Q

what is the lowest criminal court

A

magistrates

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15
Q

what cases do magistrates courts hear

A

low level, smaller crimes

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16
Q

who hears cases in the magistrates court

A

magistrates

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17
Q

what are the sentencing piwers of the magistrates court

A

6 months for a single offence, and up to 5000 fine

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18
Q

what is the second level of criminal courts

A

crown court

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19
Q

what type of cases does the crown court hear

A

more serious criminal offences

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20
Q

who hears cases in the crown court

A

a circuit judge or recorder, and a jury

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21
Q

what is the role of the jury in a crown court

A

to decide the verdict

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22
Q

what is the role of a judge in a crown court

A

to decide the sentence

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23
Q

what are the sentencing powers of the crown court

A

unlimited powers

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24
Q

who is the burden of proof on in criminal cases

A

the prosecution

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25
Q

who is the burden of proof on in civil cases

A

the claimant

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26
Q

what is the standard of proof in criminal cases

A

beyond reasonable doubt

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27
Q

what is the standard of proof in civil cases

A

on a balance of probabilities

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28
Q

who brings the case in criminal cases

A

the state against the accused

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29
Q

who brings the case in civil cases

A

a private person against another

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30
Q

define burden of proof

A

requirement of evidence in order to prove the cased

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31
Q

define standard of proof

A

the degree of which the case must be proven

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32
Q

civil courts from high to low power

A

supreme court, court of appeal, high court, county court

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33
Q

what are the three divisions of the high court

A

the family division, the kings bench division, the chancery division

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34
Q

what type of cases does the family division hear

A

custody and child support

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35
Q

what type of cases does the kings bench division

A

complex civil cases

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36
Q

what type of cases does the chancery division

A

finance, business and land

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37
Q

what are the three tracks in civil courts

A

small claims, fast track, multi track

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38
Q

what types of cases are the small claims

A

claims under 10,000 or personal injury under 1,000

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39
Q

what judges usually hear small claims

A

district judges

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40
Q

what types of cases are fast track

A

claims from 10,000 to 25,000 or personal injury between 1,000 and 15,000

41
Q

what judges usually hear fast track

A

circuit judges

42
Q

what courts are multi track claims heard in

A

county court or high court

43
Q

what courts are fast track claims heard in

A

county court

44
Q

what courts are small claims heard in

A

county court

45
Q

what type of cases are heard in the county court for multi track claims

A

claims up to 100,000 or personal injury up to 50,000

46
Q

what type of cases are heard in the high court for multi track claims

A

claims over 100,000 or personal injury over 50,000

47
Q

what judges may hear multi track

A

circuit or high court judges

48
Q

what influenced the track system

A

the woolf report

49
Q

what were the aims of the track system

A

to make fair and accesible by: simplifying, quickly allocating and reducing litigation costs

50
Q

what is the pre trial procedure for civil claims

A

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

51
Q

what are the four options given to a defendant in a pre trial procedure for a civil claim

A

settle out of court, ignore and forfeit, defend claim in court, counterclaim

52
Q

what happens during a civil trial

A

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

53
Q

why are parties discouraged from using witnesses and legal aid in civil cases

A

to prevent the trial becoming longer and more expensive

54
Q

what act gives parties the right to appeal following a civil case

A

access to justice act 1999

55
Q

when will an appeal likely process in civil cases

A

if the legal area is of great importance or the appealing party has a great chance of success

56
Q

what are the options of a court in regards to appeals

A

refusal, upholding or setting aside decison, vary initial order or judgment, refer claim back to original court, order new trial or hearing

57
Q

what are some advantages of the three tracks in civil courts

A

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

58
Q

what are some disadvantages of the three tracks in civil courts

A

pre trial procedures slow down the process, still expensive and may not be worth it, power inequalities

59
Q

what does adr stand for

A

alternative dispute resolution

60
Q

define adr

A

where parties settle a dispute outside of court

61
Q

why are people encouraged to use adr

A

to save time and money within the court system

62
Q

what are the advantages of using a court to solve a dispute

A

fair, conducted by legal experts, all decisons can be enforced, appeal routes, legal aid

63
Q

what are the disadvantages of using courts to solve a dispute

A

costly, delays, complicated process, uncertainty, power imbalance

64
Q

what are the four types of adr

A

negotiation, conciliation, mediation, arbitration

65
Q

what form of adr is legally binding

A

arbitration

66
Q

what statute governs arbitration

A

the arbitration act 1996

67
Q

what is the difference between a concilliator and a mediator

A

the concilliator plays an active role

68
Q

which contract clause states arbitration must be used

A

scott v avery

69
Q

which is the least formal type of adr

A

negotiation

70
Q

define negotiation

A

negotiation directly with another party, it is private quick and cheap but often requires lawyers and cooperation between parties

71
Q

when can negotation be used

A

at any point in a dispute

72
Q

define mediation

A

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

73
Q

what must families do before going to court

A

show they have attended a mediation information and assesment meeting

74
Q

define concilliation

A

neutral third party plays an active role by suggesting solutions and a basis for settlement

75
Q

what do the courts offer before a course

A

conciliation

76
Q

what is arbitration

A

an informal procedure where parties choose 1-3 specifically trained arbitrators

77
Q

where are independent arbitrators from

A

chartered institute of arbitrators

78
Q

what are advantages of adr

A

spped, informal, parties in control, expert decision makers, limited need, can be enforceable, less costly, private, maintains relationships

79
Q

what are the disadvantages of adr

A

lack of state funding, possible imbalance, depependant on availability, costly, limited appeals, not appropriate for complex law, not bound by precedent

80
Q

what does odr stand for

A

online dispute resolution

81
Q

who uses odr

A

companies like ebay

82
Q

what is odr

A

to resolve disputes regarding consumer and financial matters

83
Q

what are tribunals

A

bodies outside the hierarchy of courts with administrative and judicial functions.

84
Q

what do tribunals mainly rule on

A

disputes beteen private orginisations, individuals and state officials

85
Q

what type of cases occur in tribunals

A

immigration, asylum, tax and employment

86
Q

what types of tribunal are there

A

first tier, upper tier, court of appeal

87
Q

what act set up tribunals

A

national insurance act 1911

88
Q

what is the tribunal system based on

A

the leggatt report 2000

89
Q

what act structures tribunals

A

the tribunals, courts and enforcement act 2007

90
Q

what do employment chambers of tribunals hear cases on

A

unfair dismissal, discrimination, whistleblowing, unpaid wages

91
Q

who leads cases in tribunals

A

tribunal judge

92
Q

what is acas and its function

A

advisory concilliation and arbitration service who must be informed when making a claim for a tribunal

93
Q

what steps must be taken for a tribunal hearing

A

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

94
Q

describe a tribunal panel

A

a judge, a representative of employer, a representative of employee (may be a judge alone if simple)

95
Q

where do tribunals take place

A

outside of a courtroom, are now often online

96
Q

what is a likely remedy at a tribunal

A

may be compensation or reference - only remedy when in favour of employee

97
Q

can appeals and reviews be made for tribunals - when

A

42 days for an appeal or 14 days for a review

98
Q

give three advantages of a tribunal

A

free so accesible, acas support concilliation, fast and informal

99
Q

give three disadvantages of a tribunal

A

confrontational, many stages, overwhelming with powerful employers

LAW 1 (2 decks)

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