Legal System Flashcards
What is a civil claim?
Claims made in the civil courts when an individual or business believes their rights have been infringed in some way
What is the county court?
Their main areas of jurisdiction are:
- all contract and tort claims
- all cases for the recovery of land
- disputes over equitable matters such as trusts up to a value of £350,000
Which judge hear cases in the county court?
Circuit judge or district judge
What is the high court?
The high court is based all around the country and has the jurisdiction to hear any civil case.
There are three division:
- queens bench division
- Chancery division
- family division
What is the queens bench division?
This is the biggest of the divisions which deals with contract and torr cases where an amount is claimed over £100,000.
What is the chancery division?
The main business of this division involves disputes with such matters as:
- insolvency, both for companies and individuals
- mortgages
- trust property
- copyright and patents
- intellectual property matters
- probate actions
What is the family division?
This division hears family cases where there is a dispute about which country’s law’s should apply.
What is the small claims track?
For disputes under £10,000
What is the fast track?
For straightforward disputes in between £10,000 to £25,000
What is the multi- track?
For cases over £25,000 or for complex cases under this amount
What is the effects of the Woolf reforms?
There is now much better co-operation between the parties lawyers
Gave judges responsibility of managing cases via the three track system
What are the advantages of using the courts?
- The process is fair (impartial judge)
- Trial is conducted by a legal expert
- There is an appeals process
- May be possible to gain legal aid
What are the disadvantages of using the courts?
- There are high costs of taking a case to court
- There is often huge delay in cases
- Sometimes the process is complicated and the appellant may not understand this
- There is huge uncertainty surrounding cases and the losing person may have to cover the others costs
What is a tribunal?
Forums used instead of a court for deciding certain types of disputes
What is the advantaged of using a tribunal?
- Tribunals are much cheaper than court
- The hearings are very quick
- The hearing is more informal meaning it may be easier to understand
- In some tribunals lawyers sit in (experts)
What is the disadvantages of using tribunals?
- Legal aid is not available for most tribunals (lack of funding)
- More formal than ADR (may be confusing)
- There is often a delay
What is ADR?
ADR is alternative dispute resolution which is where disputes are settled using other methods than going to court
What is negotiation?
The process of trying to come to an agreement
What is mediation?
Using a neutral person in a dispute to help parties come to a compromised solution
What is meant by the “aims of sentencing”?
These are the reasons why defendants are given sentences and what the government hope for their outcome to be
What is meant by detterence?
Giving a punishment aimed at putting off the defendant from reoffending because of fear of punishment or preventing other potential offenders from committing similar crimes
What is meant by rehabilitation?
Trying to alter the offenders behaviour so that he/she will conform the community norms and will not offend in future
What is meant by reformation?
Trying to reform the offenders behaviours so that he/she will not offend in the future
What is meant by reparation?
Where an offender compensates the victim or society for the offending behaviour
What is meant by denunciation?
Expressing society’s disapproval of an offenders behaviour
What are lay magistrates?
These are unpaid, part-time judges who have no professional legal qualification
What does advocacy mean?
The art of speaking in court on behalf of another, conducting a case in court as the legal representative of another (barrister)
