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A-level Law 👩🏿‍⚖️ > The Civil Courts 🚙💥 > Flashcards

The Civil Courts 🚙💥 Flashcards

1
Q

What are the three tracks of the civil court structure ? Who are they heard by?

A

Small tracks claim- under £10 000- not expected to raise any difficult questions of law (personal insurance claims up too £1000 - heard by district judge )

Fast Track - £10000- £25000 trial - not a s long as one day - heard by circuit judge

Multi track - case involves a large sum of money over £25 000 raising difficult points in law heard by circuit or high court judge

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2
Q

What are the civil courts of first instance ?

A

Mag
County
High court

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3
Q

What are the high courts split into ? 4)

A

The chancery division
The kings bench division
Family division
The technology and construction court

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4
Q

What is a litigation ?

A

When you have a legal problem TAHT goes to court

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5
Q

What are the 4 advantages of litigation ?

A

Get legal outcome
Creates precedent - fairness and equality
Can win and get competition
Can appeal

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6
Q

What’s re the disadvantages of litigation ?

A

Expensive - paying for lawyers fee
Can take time for a case to go to court
Inflexible
Court case can be public

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7
Q

What is there as an alternative for for litigation other than courts ?

A

Alternative dispute resolution ADR

Arbitration
Mediation
Conciliation

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8
Q

What kind of offence is murder ?

A

Common law defence - LJ coke

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9
Q

What is the definition of murder?

A

Defined as any unlawful killing of any reasonable person under the kings peace with malice a forethought expressed or implied

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10
Q

What is the actus reus of the definition of murder ? Mens rea ?

A

Actus reus - The unlawful killing of a reasonable person in being under the kings peace

Mens rea - With malice aforethought expressed or implied

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11
Q

What is the actus reas under murder ?

A

1) we need to see if there was an unlawful killing no legal justification - LJ - self defence + medical ( Airdlale v Bland )

Necessity - Re A - conjoined twins no defence

2) there needs to be a killing - act or ommison - death occurs when Brain stem dead ( R v Gibbons + Proctor ) (R v Inglis) (R v Malchrek + steel )

3) Reasonable person in being - has to be independent of mother - AG ref 3 of 1994

4) killing must be under the kings peace - not in war

5) causation factual - but for - R V White
Legal causation - Operating cause + substantive ( R vSmith )

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12
Q

What is the mens rea of murder ?

What is the extra rule ?

A

Intent to kill someone and cause serious harm - ( R v Vickers )

If we can’t find a direct intent - then we can look at oblique - virtual certainly test - R V Woolin

If so D appreciated such was the case - R v Matthews LJ and Allegne

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13
Q

What is negotiation ?

A

The direct communication between parties face to face or via email

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14
Q

What is the procedure for negotiation?

A

Each side State position giving little ground until a compromise is met
To help concentrate on problems rather than personalities

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15
Q

What is negotiation based on ? What can an unscrupulous negotiator do?

A

Power - whether latest offer is better or worst
Unscrupulous negotiator can take an unfair advantage if any weaknesses are know

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16
Q

Who is involved in negaotation?

A

Judge claimant and defence

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17
Q

What are the positives of negotiation?

A

Allows a win win outcome
Flexible - can be informal - power to claimant and def
Allows Private negotiation -
Cheaper and quicker

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18
Q

What are some negatives to negotiation?

A

Scrupulous negotiator
Imbalance of power - one side may have lawyers
Lack of control

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19
Q

What does expeditiously and fairly mean?

A

Deals with litigation or dispute quickly or fairly showing justice through no strict rule

20
Q

What is mediation?

A

An impartial 3rd party acts as a mediator not imposing any decision but encouraging discussion

21
Q

What are some cases dealt with mediation?

A

The family law act 1996 - family mediation

Commercial mediation
Community mediation - free for all residents
Special needs or exclusion

22
Q

Who is involved within mediation ?

A

May have legal representative- mediator and 2 parties

23
Q

What is the procedure of mediation ?

A

Can be private
1) initial meeting each party puts out position
Private meeting with mediator for each side
Second plenary meeting - face to face

Confidential and rarely witnesses are involved

24
Q

What happens if an agreement cannot be made with mediation ?

A

Case Can be taken to court or tribunal

25
What are the positives and negatives of mediation and conciliation?
Adv - Cheaper and quicker Face to face - communication Held improve relationships through reducing conflict Knowledgeable third party Confidential Disadvantages- not legally binding May fail to come to agreement so other experts may be used - waste of time Imbalance of power
26
What is a Conciliator?
They are more proactive than a mediator give their own opinions and state how court will with the litigation However they are still a neutral party 
27
What are some examples of conciliation?
ACAS - Deals with unfair dismissal Conciliation disability service
28
Who is involved within conciliation ?
A conciliator with two parties that have used the representative
29
What is the process of Conciliation?
Conciliator meets The two parties and they tell their dispute - conciliator gives opinion and suggestions on how they can resolve - leads To a legally enforceable agreement
30
What is arbitration?
When both parties decide to submit their claims and someone will decide the outcome of the case other than a judge
31
Who would arbitrator be?
Someone with legal specialist knowledge
32
What is private arbitration governed by?
The arbitration act 1976
33
What kind of disputes are dealt with in arbitration?
Consumer contacts and trade
34
Who is involved within arbitration?
The private arbitrator with legal specialist knowledge and the two parties
35
What is the process of arbitration
Arbitration is free but private arbitrator may charge time in date is made by both parties paper arbitration- claims are written on paper and the arbitrator read it out and make the decision - award binding to both parties and can be legally enforceable
36
What are the positives and negatives of arbitration?
Positives - win-win outcome flexible both parties can pick time and day it’s private And confidential face-to-face builds relationships Negative - imbalance of power no time limit lack of control if unable to find a resolution have to use experts - more expensive 
37
Why were tribunal made?
There was a large group in law which led to a large amount of disputes being raised - Courts cannot deal with such a high volume so tribunal were formed
38
What must be heard by tribunal?
Cases 
39
Give two examples of tribunals?
Employment appeals tribunal Land chambers 
40
What was the whole tribunal system set up by?
Tribunal court and enforcement act 2008
41
What are domestic tribunal set up by
Professional bodies eg. bar council 
42
Who is involved in Tribunals ?
Legally qualified tribunal judge and two lay people with knowledge around the field of tribunal Chairperson with expertise
43
What is the process of tribunals?
Every tribunal is different so it doesn’t have a set time but witnesses and people give evidence and Are questioned decided on its merits not bound to strict rules 
44
What are the positives of tribunals?
Allows parties to speak face-to-face legally binding flexible as parties can set a the date and time around them formal
45
What are the negatives of tribunals ?
Can be time-consuming lack of government funding experts can be bias imbalance of power as those made of thoes can have solicitors and others

A-level Law 👩🏿‍⚖️ (16 decks)

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