pop quiz

Question 1

what is judicial precedent?

Answer 1

the system whereby a judge must follow the decision made in a previous case where the facts are the same as those in the present case

Question 2

what is arbitrator?

Answer 2

An impartial person who makes a decision on a dispute by means of arbitration. This is an alternative to the court hearing to settle a dispute

Question 3

what is meant by costs?

Answer 3

The expenses of the winning party that are usually ordered to be paid by the losing party

Question 4

state advantages of going to court

Answer 4

• the process is fair
• the trial is conducted by a legal expert
• enforcement of the court’s decision is easier
• there is an appeal process
• it may be possible to get legal aid

Question 5

state disadvantages of going to court

Answer 5

• expensive
• slow
• complicated
• uncertain

Question 6

why is the judges decision important?

Answer 6

The judges decision is important because the decision has to be enforced by the law

Question 7

what are the courts involved in a civil trial?

Answer 7

county court and high court

Question 8

explain the track system with the claims

Answer 8

track system with the courts

Question 9

what are district judges?

Answer 9

A full-time judge who deals with the majority of cases in county courts

Question 10

what is a circuit judge?

Answer 10

A more senior judge to a district judge

Question 11

what are recorders?

Answer 11

A judge who may sit in both crown court and country courts, but must start by sitting in the crown court. The appointment is part-time perhaps 20-30 days per year, and is the first step on the ladder of judicial appointments

Question 12

why might the court process be worrying for the claimant and/or defendant?

Answer 12

the trial process may be quite working for the people involved, as the court and legal process is not a place with which many people are familiar with

Question 13

What is the sit?

Answer 13

To hold a session at court or perform an act that is judicial in nature

Question 14

what are the division of the high court?

Answer 14

the high courts divisions are split into the queen’s bench division, chancery divisio and family division.

Question 15

who sits in civil courtrooms?

Answer 15

• court clerk
• judge
• claimant
• defendant
• defendant’s solicitor or barrister
• claimant’s solicitor or barrister

Question 16

what is the judges main role before, during and after the trial?

Answer 16

before trying a civil case, the judge reads the relevant case papers and becomes familar with their details. Judges also manage the civil cases (case management) once they have started to ensure they proceed as quickly and efficently as possible

during the trial, the judge keeps control in the court and make sure that witnesses are cross-examined to ensure that their evidence is reliable as possible. The judge may also ask for more explanation and questions if needed and decides on all matters of procedure that arise during a hearing

Lastly, the judge is to deicde on the appropiate outcome and to agree to the precise terms of any wording of any order made.

After the judgement has been made and any order agreed, the judge must deal with the matter of costs and ensure the amount claimed for the costs is fair.