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A-Level Law (OCR) // Criminal, Tort > Paper 1.2 - Civil courts, Employment tribunals & ADRs > Flashcards

Paper 1.2 - Civil courts, Employment tribunals & ADRs Flashcards

English Legal System

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MBE flashcards MPRE flashcards Civil Procedure 1L flashcards
1
Q

What is a civil claim?

A

An individual or firm believes their rights have been infringed.

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2
Q

What types of law are classed as civil?

A

EG
Tort, Consumer, Family, Contract, Property, Employment, Defamation, etc. (all except criminal)

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3
Q

Who starts a civil case?

A

Claimant.

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4
Q

What is the standard of proof in a civil case?

A

Balance of probabilities (51%).

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5
Q

What courts are civil cases heard in?

A

Magistrates*, County, High, CoA, Supreme.

*only applicable for some civil procedures, as civil cases are often more complex than criminal

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6
Q

What remedies are available in civil court?

A

Damages & injunctions.

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7
Q

What is the name of the claim form that starts civil proceedings?

A

N1.

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8
Q

Summarise how to file an N1.

A

EG
Can be filled on online or in a court office, provide details about the case such as opposing party and pay fee (fee dependant on size of claim)

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9
Q

What three ways can a defendant respond to an N1?

A
  1. Admit claim and pay damages.
  2. Dispute the claim via an N9 (go to court).
  3. File an Acknowledgement of Service (ask for time).
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10
Q

If the defendant fails to respond to an N1, the court can award a what?

A

Judgement in default.

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11
Q

Which court hears the most civil cases?

A

County court.

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12
Q

What is the Act that sets out how County court are run?

A

Crime & Courts Act 2013.

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13
Q

Approximately how many County courts are there across England and Wales?

A

170.

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14
Q

Which types of cases does County court normally hear?

A

Lowly perceived civil cases EG
Negligence, consumer, housing claims, probate cases, etc.

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15
Q

How many judges hear a County court case?

A

One.

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16
Q

What are the names of the three County court tracks?

A

Small claims, fast track and multi-track.

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17
Q

What cases are allocated to the small claims track?

A

EG
Contract & Tort (up to £10,000)
Personal Injury, Tenant & Landlord (up to £1,000)

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18
Q

What type of judge hears a small claims case?

A

District.

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19
Q

How much time is allocated to a small claims case?

A

2-3 hours. There is also a limit on how many witnesses can be called.

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20
Q

TRUE OR FALSE: Small claims cases often feature solicitors and barristers.

A

FALSE: Legal personnel is not encouraged, due to low stakes.

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21
Q

What cases are allocated to the fast track?

A

Claims between £10,000 - £25,000.

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22
Q

What type of judge hears a fast track case?

A

District.

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23
Q

What is the maximum length of time a case can be scheduled for in a fast track claim?

A

30 weeks from allocation.

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24
Q

What cases are allocated to multi-tack?

A

Claims between £25,000 - £50,000.

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25
Q

What type of judge hears a multi-track case?

A

Circuit.

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26
Q

When are multi-track cases sent to High Court?

A

If claim exceeds £50,000 or is extremely complex.

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27
Q

What are the three divisions of High Court?

A

Chancery, Family and King’s Bench.

28
Q

What cases are the Chancery division generally responsible for?

A

Financial & Business eg bankruptcy, copyright, intellectual property

29
Q

What cases are the Family division generally responsible for?

A

Family eg divorces, prenuptial agreements

30
Q

What cases are the King’s Bench division generally responsible for?

A

Tort & Contract eg fraud, libel, slander, malicious prosecution, personal injury

31
Q

What is the appeals process in County Court if the original case is heard by a district judge?

A

Appeal is heard by circuit judge in County Court.

32
Q

What is the appeals process in County Court if the original case is heard by a circuit judge?

A

Appeal is heard by a high court judge in High Court.

33
Q

TRUE OR FALSE: A multi-track case can be appealed straight to the Court of Appeal, skipping the High Court.

A

TRUE: It is the only track that may do this, as long as all parties agree and find it of significant importance.

34
Q

In terms of appeals, what is ‘leave’?

A

Permission obtained from a judge.

35
Q

Where does an appeal from the High Court go?

A

Court of Appeal.

36
Q

How many judges typically hear a Court of Appeal case?

A

3-5.

37
Q

Name 4 advantages of the civil court system.

A

EG
Process is fair, conducted by experts, decision is legally binding, appeal is possible.

38
Q

Name 4 disadvantages of the civil court system.

A

EG
Costly, lots of delays, process is complex and adversarial, uncertainty in process.

39
Q

What is the name of the system that operate alongside the court system and must be used instead of court proceedings?

A

Tribunals

40
Q

Tribunals are governed under what Act?

A

Tribunals, Courts and Enforcement Act 2007.

41
Q

Give an example of a case an employment tribunal may deal with.

A

EG
Discrimination, unequal pay, wrongful dismissal, redundancy, wrongful deduction of wages, etc. in the workplace.

42
Q

What is the name of the head of the tribunal and what are their duties?

A

Tribunal judge/chairperson.
Manage the case by: listening to evidence, carry out hearings, deliver judgement, award compensation / order employer to reinstate / re-engage an employee.

43
Q

What is an ADR?

A

Alternative Dispute Resolution; ways to avoid the civil court process.

44
Q

What are the four types of ADRs?

A

Negotiation, Conciliation, Mediation and Arbitration.

45
Q

What is name of the act that dictates how ADRs operate?

A

ADR Act 2006 (except for arbitration).

46
Q

What is negotiation?

A

EG
Negotiation is a form of ADR where the two parties speak to each other in order to resolve the dispute, called a settlement.

47
Q

TRUE OR FALSE: Once a civil case begins, the two parties may no longer negotiate a settlement and the only solution is the one found through court proceedings.

A

FALSE: Parties can continue to negotiate a settlement throughout a case up until the judge’s verdict is passed.

48
Q

Name 3 advantages to negotiation.

A

EG
1. Cost.
2. Parties are in control of own dispute.
3. Can be done at any time.

49
Q

Name 3 disadvantages to negotiation.

A

EG
1. May not be successful.
2. Relies on parties being on good terms.
3. Repeated failures can prolong dispute.

50
Q

What is mediation?

A

Mediation is a form of ADR where a third party helps the parties reach a solution by communicating for them.

51
Q

What are the main two types of cases that go through mediation?

A

Contract (between companies) and Family.

52
Q

Name three advantages to mediation.

A

EG
1. Avoids adversary.
2. Cheaper than court.
3. Parties have control over process.

53
Q

Name three disadvantages to mediation.

A

EG
1. Requires cooperation.
2. Relies on mediator skill.
3. Not legally binding.

54
Q

What is conciliation?

A

Conciliation is a form of ADR where the two parties employ a third party conciliator to help suggest solutions.

55
Q

In terms of ADRs, what does ACAS stand for?

A

Advisory Conciliation and Arbitration Service.

56
Q

What does ACAS do in terms of legal aid?

A

Gives impartial legal advice in disputes.

57
Q

Name four advantages to conciliation.

A

EG
1. Avoids court.
2. Parties have control.
3. Decision isn’t binding; parties can still go to court.
4. Encourages good terms.

58
Q

Name 4 disadvantages to conciliation.

A

EG
1. Court action may be necessary regardless.
2. Relies on conciliator skill.
3. Decision isn’t binding; parties can betray the solution.
4. Settlements are usually more streamlined in court.

59
Q

What is arbitration?

A

Arbitration is a form of ADR where the two parties present their case before 2-3 arbitrators. The arbitrators then decides the settlement, which is legally binding.

60
Q

What law dictates how arbitration is done?

A

Arbitration Act 1996.

61
Q

Some contracts (eg mobile phone) have clauses forcing any potential claimant to go to arbitration. What is this clause called?

A

Scott v Avery clause.

62
Q

TRUE OR FALSE: ACAS can appoint an arbitrator if the parties fail to agree.

A

TRUE.

63
Q

What is the legal name for an arbitrator’s decision?

A

An award.

64
Q

On what grounds can a party appeal an arbitrator’s decision? (2)

A
  1. On a point of law.
  2. Serious irregularity in arbitration proceedings.
65
Q

Name 3 advantages of arbitration.

A

EG
1. Legally binding.
2. Decided by a neutral party.
3. Quicker and simpler.

66
Q

Name 3 disadvantages of arbitration.

A

EG
1. No control over dispute.
2. Most expensive ADR.
3. Legally complicated; arbitrators may not be equipped to deal with.

A-Level Law (OCR) // Criminal, Tort (24 decks)

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