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

The Civil Courts 🚙💥 Flashcards

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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
Q

What are the positives and negatives of mediation and conciliation?

A

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
Q

What is a Conciliator?

A

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
Q

What are some examples of conciliation?

A

ACAS - Deals with unfair dismissal
Conciliation disability service

28
Q

Who is
involved within conciliation ?

A

A conciliator with two parties that have used the representative

29
Q

What is the process of Conciliation?

A

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
Q

What is arbitration?

A

When both parties decide to submit their claims and someone will decide the outcome of the case other than a judge

31
Q

Who would arbitrator be?

A

Someone with legal specialist knowledge

32
Q

What is private arbitration governed by?

A

The arbitration act 1976

33
Q

What kind of disputes are dealt with in arbitration?

A

Consumer contacts and trade

34
Q

Who is involved within arbitration?

A

The private arbitrator with legal specialist knowledge and the two parties

35
Q

What is the process of arbitration

A

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
Q

What are the positives and negatives of arbitration?

A

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
Q

Why were tribunal made?

A

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
Q

What must be heard by tribunal?

A

Cases 

39
Q

Give two examples of tribunals?

A

Employment appeals tribunal

Land chambers 

40
Q

What was the whole tribunal system set up by?

A

Tribunal court and enforcement act 2008

41
Q

What are domestic tribunal set up by

A

Professional bodies eg. bar council 

42
Q

Who is involved in Tribunals ?

A

Legally qualified tribunal judge and two lay people with knowledge around the field of tribunal

Chairperson with expertise

43
Q

What is the process of tribunals?

A

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
Q

What are the positives of tribunals?

A

Allows parties to speak face-to-face

legally binding

flexible as parties can set a the date and time around them

formal

45
Q

What are the negatives of tribunals ?

A

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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