pop quiz Flashcards
what is judicial precedent?
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
what is arbitrator?
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
what is meant by costs?
The expenses of the winning party that are usually ordered to be paid by the losing party
state advantages of going to court
- 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
state disadvantages of going to court
- expensive
- slow
- complicated
- uncertain
why is the judges decision important?
The judges decision is important because the decision has to be enforced by the law
what are the courts involved in a civil trial?
county court and high court
explain the track system with the claims
track system with the courts
what are district judges?
A full-time judge who deals with the majority of cases in county courts
what is a circuit judge?
A more senior judge to a district judge
what are recorders?
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
why might the court process be worrying for the claimant and/or defendant?
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
What is the sit?
To hold a session at court or perform an act that is judicial in nature
what are the division of the high court?
the high courts divisions are split into the queen’s bench division, chancery divisio and family division.
who sits in civil courtrooms?
- court clerk
- judge
- claimant
- defendant
- defendant’s solicitor or barrister
- claimant’s solicitor or barrister
what is the judges main role before, during and after the trial?
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.
