Legal System And Other Forms Of Dispute Reslution

Question 1

What do civil courts deal with?

Answer 1

Non-criminal matters

Question 2

What are civil courts designed to deal with?

Answer 2

Disputes between individual citizens and or organisations

Question 3

What are the two key civil courts on first instance?

Answer 3

County court
High court

Question 4

What are small claim tracks for?

Answer 4

Straightforward claims of not more than £10,000 excluding personal injury

Question 5

What is fast track for?

Answer 5

Claims between £10,000 and £25,000

Question 6

What are multi-track claims for?

Answer 6

Over £25,000 and not more than £50,000

Question 7

What is the high court for?

Answer 7

More complex claims over £50,000

Question 8

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

Answer 8

Claims over £10,000 or less

Question 9

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

Answer 9

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

Question 10

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

Answer 10

Appeal

Question 11

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

Answer 11

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

Question 12

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

Answer 12

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

Question 13

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

Answer 13

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

Question 14

Where does an appeal from the high court go to?

Answer 14

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

Question 15

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

Answer 15

Yes
To the Supreme Court
Only if either court gives permission

Question 16

What are other forms of dispute resolution?

Answer 16

Tribunals and ADR

Question 17

What are tribunals separated into in first instance?

Answer 17

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

Question 18

What cases do first-tier tribunals hear?

Answer 18

Cases at first instance

Question 19

What cases do upper tribunals hear?

Answer 19

Appeals from first tier

Question 20

What does the system of administrative tribunals run alongside with?

Answer 20

Civil courts system

Question 21

Why were tribunals established?

Answer 21

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

Question 22

What is the most basic form of ADR?

Answer 22

Negotiation

Question 23

What is negotiation?

Answer 23

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

Question 24

What are the advantages of negotiation?

Answer 24

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

Question 25

What are the disadvantages of negotiation compared to litigation?

Answer 25

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

Question 26

Examples of negotiation cases?

Answer 26

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

Question 27

What is mediation?

Answer 27

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

Question 28

What are the advantages of mediation over litigation?

Answer 28

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

Question 29

What are the disadvantages of mediation over litigation?

Answer 29

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