Law

Question 1

Special damages

Answer 1

Compensation to cover the financial losses and expenses incurred as a result of an accident.

Aims to put you back in financial position that would’ve been before the accident

Question 2

General damages

Answer 2

Compensation awarded for pain, suffering and loss of amenity means the inability to complete activities either temporarily or permanently

An award to compensate you for actual injuries suffered

Question 3

The three track system

Answer 3

The court will allocate the case to one of three tracks for the hearing

County courts hear all cases

High court hears some fast track and most multi track cases

Question 4

Small claims track

Answer 4

Small claims track - simple claims no more than £5k informal hearing

Limited grounds for appeal

Question 5

Fast track

Answer 5

Streamlined procedure

Claims up to £5k to £25k

Question 6

Multi track

Answer 6

Flexible procedure over £25,000 high value complex claims

Question 7

Disadvantages of going to court

Answer 7

Delay , preliminary stages add to the length of ease ADR may be quicker

Expensive

Inequality of power / richer businesses may be able to afford better lawyers

Question 8

Civil court heirarchy

Answer 8

Supreme Court 
^
Court of appeal 
^
High court 
^
County court

Question 9

When should ADR be used

Answer 9

Typically cheaper and faster then resorting to courts. Considered as a
efficient method of achieving an outcome

Question 10

Arbitration

Answer 10

Involves the process in which the dispute is resolved by the decision of an arbitrator

Runs a tribunal process and decisions are binding

Advantage : quicker

Disadvantage: can be expensive

Question 11

Conciliation

Answer 11

Generally used for employment situations. Conciliator will discuss the issues and try to help both parties reach an agreement. Often providing their own opinion at help form a settlement.

Advantage: cheaper than taking dispute to court , conciliator is usually legal expert

Disadvantage: no decision is guaranteed at the end

Question 12

Mediation

Answer 12

When an impartial person or mediator trained in dealing with difficult discussions between 2 opposing sides acts like a referee in a dispute.

Advantage: private , cost efficient, control

Disadvantage: no certainty in resolving dispute.

Question 13

Foreseeable harm

Answer 13

Foreseeability asks whether a person could or should reasonably have foreseen the harms that resulted from their actions.

If resulting harms were foreseeable, a defendant might successfully prove that they were not liable.

Question 14

The doctrine of Precedent in hierarchy

Answer 14

Precedent is the system where judges follow the decisions made in cases previous cases.
When a judge decides a case they have to justify their decision, they do so by stating the relevant law and applying it to the facts of the case before the court , this mean that lawyers use decided cases to work out the law and the law can be applied to the facts of a new case.

Question 15

Negotiation

Answer 15

A direct discussion between two parties to find a solution to their dispute.

Advantage: completely private, quick and informal

Disadvantage: involving solicitor may be costly, may not come to agreement

Question 16

Ombudsman

Answer 16

A Person who has been appointed to look into complaints about companies and organisations, may be able to help resolve a complaint without going to court. they are independent free of charge and unbiased- they don’t take sides, A party must complain to the organisation before making complaint to ombudsman.

Advantage: no cost, bad practices may be remedied

Disadvantage: can’t find quick solution to complex solutions.