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Law A Level > Paper 1: civil courts > Flashcards

Paper 1: civil courts Flashcards

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1
Q

Why should going to court be a last resort?

A

Costs, complex issues, try to resolve problem themselves, delays

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2
Q

2 main civil courts at first instance

A

County court and high court

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3
Q

What do county court cases deal with?

A

Contract, bankruptcy, recovery of land tort, divorce and associated matters

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4
Q

What does the Queens Bench Division deal with?

A
  • Deals with contract and tort cases over £100,000
  • Lesser value cases only if its an important point of law
  • Single judge
  • Judge only for fraud, libel, slander malicious prosecution and false imprisonment
  • Jury only for fraud, libel, slander, malicious prosecution and false imprisonment
  • Administrative court
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5
Q

What does the Chancery Division deal with?

A
  • Cases involving insolvent
  • Mortgages
  • Trust property
  • Copyright and patents
  • Intellectual property
  • Probate disputes
  • Companies Court
  • Single judge- no jury
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6
Q

What does the Family Division?

A
  • Family cases regarding which countries law should apply
  • All international cases concerning family matters under the Hague Convention
  • Family Court deals with cases involving the Children Act
  • Other family matters
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7
Q

How to start a civil case?

A
  • Negotiate an agreed settlement with the person who has caused their injuries or damage to their property
  • Attempted to use another method of resolving their dispute called Alternative Dispute Resolution
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8
Q

What are Pre-Action protocols?

A
  • A list of things to be done, e.g.. sending a letter to the D explaining why the claim is made, details of injury, damage and other matters
  • Attempt to negotiate
  • Use an ADR method to try and resolve dispute
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9
Q

What claims do you use in County Court?

A

Claim for £100,000 or less, personal injury claim for £50,000 or less

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10
Q

What claims do you use in High Court?

A

Claim for over £100,00, personal injury claim for over £50,000

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11
Q

Defending a claim steps

A

1) The D may admit liability and pay the full amount
2) D may dispute the claim. If they defend the claim, they must lodge this with the court within 14 days
3) The D may do neither and the claimant may ask for an order in default

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12
Q

What disputes do small claims track deal with?

A

Disputes under £10,000, personal injury claims less than £1,000

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13
Q

What disputes do fast track deal with?

A

Straightforward disputes of £10,000 to £25,000

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14
Q

What disputes do multi track deal with?

A

Cases over £25,000 or for complex cases under this value

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15
Q

Findings of World from the Civil Justice system?

A

1) It was unequal in terms of who could use the courts
2) It was expensive
3) It was slow
4) It was uncertain
5) It was complex

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16
Q

Advantages of using the civil courts

A

Fair, legal experts, enforcement of decision, appeals process, legal aid

17
Q

Disadvantages of using the civil courts

A

Cost, delay, complicated process, uncertainty

18
Q

What are tribunals?

A

A forum used instead of a court for deciding certain types of disputes. They are less formal than court. Used to enforce certain entitlement to social rights

19
Q

Role of tribunals

A
  • Right to a mobility allowance for disabled people
  • Right to payment if made redundant from work
  • Right not to be discriminated due to one’s age, sex, race or disability
  • Right of immigrants to have a claim of political asylum heard
20
Q

Advantages of using a tribunal?

A

Cheap, quick, informality, expertise

21
Q

Disadvantages of using tribunals?

A

Lack of funding, more formal than ADR, delays

22
Q

What are the 4 types of alternative dispute resolution?

A
  • Negotiation
  • Conciliation
  • Arbitration
  • Mediation
23
Q

What is negotiation?

A

Anyone who has a dispute with another person can resolve it directly with them via negotiation. It is completely private, and is the quickest and cheapest method of settling a dispute. Some parties need a solicitor to negotiate on their behalf, this will incur some costs

24
Q

Why negotiate?

A
  • Cheaper and quicker than going to court
  • Both parties control the way to resolve the dispute rather than hand it to the courts
  • Privacy
  • Avoids bad feelings between the parties and therefore able to continue with business relationships and can make an agreement about future business deals
25
Q

Problems with negotiation?

A
  • No guarantee that negotiation will work
  • Solicitor will add to costs
  • Will not work unless both parties are willing to cooperate
  • Agreement is not binding
26
Q

What is mediation?

A

Where a neural third person helps the parties to reach a compromise solution, the parties clearly need to cooperate, the mediator role is to consult with each party and see how much common ground there is between them. He will explore the position of each party and take each of their need and carry offers to and fro, while keeping confidentiality

27
Q

What is conciliation?

A

Similar to mediation in that a neutral 3rd party helps to resolve dispute. But here, the main difference is that the conciliator will usually play a more active role. She will be expected to suggest grounds for compromise, and the possible basis for a settlement

28
Q

Why mediation/conciliation?

A
  • Less formal
  • Avoids adversarial process of court
  • Maintains a sense of control
  • Agreement likely to last as a compromise and in a sense ‘everyone wins’
29
Q

Problems with mediation/conciliation?

A
  • No guarantee that dispute will be resolved, and so litigation may be necessary
  • Settlements are often considerably lower
  • Unless mediator has necessary qualities
  • Weaker parties may not stand up for their own risks
30
Q

What is arbitration?

A

A voluntary submission of the parties, who agree to submit their claims to private arbitration. An arbitrator, or a panel of arbitrators makes a judgement on the parties dispute. Such agreement is usually done in writing and the way in which arbitration is carried out is left up to the parties themselves

31
Q

Why arbitration?

A
  • The parties can choose their own arbitrator
  • Hearing time and place is flexible
  • Procedure is flexible and parties can choose the most suited situation
  • Privte, no publicity
  • Dispute resolved quickly
  • Cheaper than court
  • Award is final and can be enforced by the courts
32
Q

Problems with arbitration?

A
  • Unexpected legal points
  • Professional arbitrators fee may be expensive
  • The cost of a hearing may be expensive, especially if it is formal
  • Rights to appeal are limited
  • Weaker parties may not stand up for rights
  • Delays can occur for commercial and international arbitration
33
Q

What is a revolver site?

A

It is done by a form-filling exercise and helped by the provision of standard phrases

  • Complaint emailed directly to the department of the relevant business
  • Business is urged to respond to the Resolver email address so that the exchange of messages is kept on a case file and maintained on the Resolver site
34
Q

What is the financial ombudsman service?

A
  • Services case handlers attempt to facilitate an amicable resolution
  • Write to both partied with their view on what the fair and reasonable outcome
  • If parties agree, dispute resolves
  • If they disagree, can refer to ombudsman for a final, binding determination
  • If accepted, its binding
35
Q

Advantages of online dispute resolution?

A

Easy to use, cost, convenience

36
Q

Disadvantages of using online dispute resolution?

A

Only for certain disputed, parties must accept

37
Q

Stages of online court

A

1) Automated, interactive online process to identify the issues and the provision of documentary evidence
2) Conciliation and case- management carried out by case managers
3) Judge will resolve, Uses documents on screen, telephone/video/face to face meetings according to the needs of the case

38
Q

What is the dispute cannot be resolved by negotiation online on eBay?

A
  • eBay offers a resolution service in which parties enter a discussion area to present their argument
  • eBay staff determines a binding outcome under its Money Back Guarantee
  • This e-adjudiciation process is fast with strict time limits

Law A Level (21 decks)

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