Legal System And Other Forms Of Dispute Reslution Flashcards

1
Q

What do civil courts deal with?

A

Non-criminal matters

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2
Q

What are civil courts designed to deal with?

A

Disputes between individual citizens and or organisations

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3
Q

What are the two key civil courts on first instance?

A

County court
High court

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4
Q

What is fast track for?

A

Claims between £10,000 and £25,000

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5
Q

What are multi-track claims for?

A

Over £100,000

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6
Q

What is the high court for?

A

More complex claims over £50,000

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7
Q

When can you use the GOV.UK website or N1 claim form for claims?

A

Claims over £10,000 or less

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8
Q

When can claimants use the money claim online system or use n1 form?

A

For claims between £10,001 and £100,000

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9
Q

What can either party do if they are dissatisfied by the judges decision?

A

Appeal

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10
Q

Who is a first appeal from a decision of the small claims court or fast track heard by?

A

Circuit judge
If already heard by circuit judge then high court judge

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11
Q

Is it possible for a second appeal from a circuit judge or high court judges decision? And in what cases does this happen?

A

Yes it then goes to the court of appeal
This only happens in exceptional circumstances with the court of appeals permission

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12
Q

Where does an appeal from a decision of a multi track go to?

A

Court of appeal wether heard by a circuit judge or high court judge

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13
Q

Where does an appeal from the high court go to?

A

Court of appeal or Supreme Court where a place of general public importance is present

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14
Q

Is it possible for a further appeal from the court of appeal? Where does this go? When does this happen?

A

Yes
To the Supreme Court
Only if either court gives permission

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15
Q

What are other forms of dispute resolution?

A

Tribunals and ADR

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16
Q

What are tribunals separated into in first instance?

A

Seven divisions dealing with specific areas of law and four divisions of appeal

17
Q

What cases do first-tier tribunals hear?

A

Cases at first instance

18
Q

What cases do upper tribunals hear?

A

Appeals from first tier

19
Q

What does the system of administrative tribunals run alongside with?

A

Civil courts system

20
Q

Why were tribunals established?

A

To deal with a wide variety of specific areas of social and welfare legislation which impact every day life, e.g. school exclusions

21
Q

What is the most basic form of ADR?

A

Negotiation

22
Q

What is negotiation?

A

When an individual attempts to resolve the issue directly, privately and possibly face to face with the other party

23
Q

What are the advantages of negotiation?

A
  1. Quick
  2. Cheap
  3. Informal way of settling a dispute between parties - no court or lawyers involved
24
Q

What are the disadvantages of negotiation compared to litigation?

A
  1. Requires confrontation
  2. If the dispute isn’t settled the case may go to court which involves costs and courts may insist parties go back to negotiation before the trial
25
Q

Examples of negotiation cases?

A
  1. Noise caused by neighbours
  2. Returning faulty goods to a shop
26
Q

What is mediation?

A

A neutral third-party member mediator attempts to resolve the issue with both parties, without giving their opinion

27
Q

What are the advantages of mediation over litigation?

A
  1. Parties are in control of proceedings and decisions
  2. Based on common sense not decisive legal rules
28
Q

What are the disadvantages of mediation over litigation?

A
  1. Only works if both parties agree and cooperate
  2. Many decisions may not be binding by both parties
29
Q

Where are fast track cases heard?

A

County court

30
Q

How do fast tracks work?

A
  • One day.
  • One expert per party.
  • Fixed costs.
  • Judged by a circuit judge.
31
Q

What is the intermediate track for?

A

Claims between £25,000 - £100,000

32
Q

How do Intermediate track claims work?

A
  • 3 days
  • 2 experts per party
  • County court
  • Judged by a circuit judge
33
Q

How do multi track claims work?

A
  • High court
  • High court judge
34
Q

What are small claims for?

A

Up to £10,000 general damage and £1,000 personal injury.

35
Q

How do small claims work?

A
  • Heard in small claims court.
  • Last a few hours.
  • Informal.
  • No witnesses.
  • Usually no cost allowed.
  • Judged by a district judge.