Professional Conduct Flashcards
What is civil dispute resolution?
Any kind of litigation which is not criminal litigation.
Who are the parties involved in civil proceedings?
Claimant and defendant.
What is the primary purpose of a claimant in civil proceedings?
To seek a remedy, most often a sum of money from the defendant.
List some examples of civil claims.
- Breach of contract claims
- Personal injury claims
- Claims regarding professional negligence
- Property ownership disputes
- Child custody disputes
- Divorce relief
- Intellectual property infringement
What are alternative methods for resolving civil disputes other than court proceedings?
Negotiation and alternative dispute resolution.
What are the key stages of a civil claim?
- Pre-action stage
- Statements of case stage
- Case Management stage
- Evidence stage
- Trial stage
- Post-trial stage
What is required from the claimant at the beginning of civil proceedings?
To state what remedy or relief they want from the court.
What are the documents called that define the scope of the dispute in a civil claim?
Statements of case.
What happens if the defendant admits the claim?
The claim is likely to proceed quickly to a judgment in the claimant’s favor.
What is the role of the judge during the trial?
To decide issues of fact and determine if the claimant is entitled to relief.
What types of evidence are typically exchanged before trial?
- Documents
- Witness statements
- Expert reports
What is a directions order?
An order setting a timetable for the preparation and exchange of evidence before trial.
What are the four case management tracks in civil claims?
- Small claims track
- Fast track
- Intermediate track
- Multi-track
What happens if a party does not comply with a court order?
The other party may seek to enforce the order.
Fill in the blank: The process of resolving disputes without court proceedings is known as _______.
Alternative dispute resolution
What can parties do if they need urgent relief from the court before trial?
Make an interim application.
True or False: The court will allow parties to exchange evidence at their convenience before trial.
False
What must the claimant do in their claim form and particulars of claim?
Allege the facts entitling them to a remedy.
What may the judge decide after determining the facts of the case?
Whether the claimant is entitled to the relief they seek.
What might the claimant seek if they suffered financial loss due to an accident?
Compensation for lost income.
What is the importance of sharing evidence before the trial?
To avoid surprises and allow for potential resolution without trial.
How can a party appeal a court’s decision?
By seeking reconsideration by a more senior judge.
What is a common outcome if parties resolve a dispute through alternative means?
The court proceedings may be brought to an end early.
What is the primary distinction between civil courts and criminal courts?
Civil courts handle disputes between individuals or organizations, while criminal courts deal with offenses against the state.
Name the main civil courts in England and Wales.
County Court, High Court, Court of Appeal, Supreme Court
What is the role of tribunals in the civil court system?
Tribunals handle specific areas, often involving interaction between the state and individuals, such as immigration or benefits.
True or False: Claims can be commenced in the Supreme Court.
False
What are the criteria for deciding whether to commence proceedings in the County Court or High Court?
- Specific enactment requirement
- Personal injury claim worth less than £50,000
- Non-PI claim worth £100,000 or less
- Justification for High Court based on financial value, complexity, or public importance
Where is the High Court of Justice located?
Royal Courts of Justice in London and various regional District Registries.
List the three divisions of the High Court.
- Chancery Division
- King’s Bench Division
- Family Division
What types of claims does the King’s Bench Division primarily handle?
- Personal injury
- Professional negligence
- Breach of contract
- Non-payment of debt
What types of matters does the Family Division deal with?
Matrimonial and related matters.
Fill in the blank: The _______ Court handles complex business disputes.
Commercial
What is the function of the Administrative Court?
Deals with the lawfulness of acts and omissions of the state, mainly through judicial review.
Which court handles disputes involving shipping and maritime issues?
Admiralty Court
What is the Financial List?
Hears financial disputes of £50 million or more that require judicial knowledge of financial markets.
True or False: The Court of Appeal hears both civil and criminal cases.
True
What is required to appeal to the Supreme Court?
Permission to appeal, granted if the issue is of ‘general public importance’.
How should judges in the Supreme Court be addressed?
My Lord or My Lady
Who is the Lord Chief Justice?
The most senior member of the judiciary, representing the views of the judiciary to Parliament and Government.
What is the role of the Master of the Rolls?
President of the Civil Division of the Court of Appeal and second in judicial importance to the Lord Chief Justice.
Fill in the blank: Solicitors can carry out advocacy in the _______ Court.
Magistrate’s
What must solicitors do to carry out advocacy in the High Court, Court of Appeal, or Supreme Court?
Undertake training and pass assessments to obtain Higher Rights of Audience.
List the types of judges found in the County Court.
- Circuit Judges
- Recorders
- District Judges
- Deputy District Judges
What is the primary purpose of the County Court?
To handle less complex, lower value claims.
What is the significance of the Chancery Division?
Handles disputes related to insolvency, companies, revenue, and intellectual property.
