PUBLIC LAW L4 - Courts & Tribunals - CIVIL COURTS Flashcards
Definition of civil law. (1)
It regulates the relationships between private parties.
What do ‘causes of actions’ link? (1)
A legal relationship between private parties. e.g. doctor and patient, employer and employee.
What are the two parties to a civil law action? (2)
Claimant and defendant.
What is the outcome of civil proceedings? (1)
The award of a civil remedy, such as damages.
What is the standard of proof in civil proceedings and who has the burden of it? (3)
‘On the balance of probabilities’, lower than the criminal standard and the burden of proof is on the claimant in most cases.
What are examples of civil law cases? (5)
PI cases. Clinical negligence. Breach of contract/promise. Employment law. Family disputes.
How do civil claims begin? (2)
Most begin in the County Court and are allocated to one of three tracks depending on the financial value and complexity.
What are the three tracks a civil claim can be allocated to? (3)
Small claims track - £10,000 or less or for PI £1,000 or less
Fast track - claims up to £25,000
Multi track - claims over £25,000
What happens if a claim is higher than £100,000? (1)
It begins in the High Court.
Which judges hear cases in the County Court? (4)
District and circuit judges. Deputy District judges are most junior and fee paid. District judges are the next level up. Circuit judges are the most senior for more complex cases and appeals from DDJs and DJs.
Does county court create precedent? (1)
No, it is bound by higher courts.
Where do appeals from the County court lie to? (2)
High Court or Court of Appeal (civil divison).
What is the order of appeal starting from the County Court? (1)
DDJs(county) - DJs(county) - CJs(county) - High Court - Court of appeal civil division - Supreme Court
