The Civil Courts Flashcards
What is the standard of proof in civil proceedings?
A. On the balance of probabilities
B. Clear and convincing evidence
C. Beyond all doubt
D. Beyond reasonable doubt
C. On the balance of probabilities
Explanation: In civil law, the standard is lower than criminal law. The claimant must prove that their version of events is more likely than not (over 50%).
Which judge typically hears complex or high-value cases in the County Court?
A. District Judge
B. Circuit Judge
C. Deputy District Judge
D. Magistrate
C. Circuit Judge
Explanation: Circuit Judges are the most senior in the County Court and hear complex or high-value claims.
A claimant sues for breach of contract worth £8,000. Which track is this case most likely to be allocated to in the County Court?
A. Small claims track
B. Fast track
C. Intermediate track
D. Multi-track
A. Small claims track
Explanation: Claims under £10,000 (or £1,000 for personal injury) usually fall into the small claims track.
Amira is a claimant in a civil claim. After the trial, the District Judge finds that the evidence presented by Amira supports her claim 50-50 against the defendant. What is the likely outcome?
A. The court will award partial damages to Amira
B. The court will find in favour of the defendant
C. The court will ask for more evidence
D. The court will automatically order a retrial
B. The court will find in favour of the defendant
Explanation: If the court is not more than 50% convinced by the claimant’s case, the claim fails. This is the standard of proof in civil proceedings.
Which of the following is not a typical civil law case?
A. Road traffic accident claim
B. Breach of contract
C. Professional negligence
D. Theft of personal property
D. Theft of personal property
Explanation: Theft is a criminal offence. The other examples are typical civil matters.
Sarah loses a small claim in the County Court, heard by a Deputy District Judge. She wants to appeal. Where will her appeal be heard?
A. The Supreme Court
B. The Crown Court
C. A Circuit Judge in the County Court
D. The Court of Appeal
C. A Circuit Judge in the County Court
Explanation: Appeals from a Deputy or District Judge stay within the County Court and are heard by a Circuit Judge.
A government department sues a company for breach of contract in a civil case. Which of the following statements is most accurate?
A. The government cannot be involved in civil claims
B. The case will be prosecuted by the CPS
C. The government is acting in a private law capacity
D. The case will automatically go to the High Court
C. The government is acting in a private law capacity
Explanation: In civil cases, even government departments act as private parties (not as prosecutors) when entering contracts.
Which of the following courts does not create binding precedent?
A. Supreme Court
B. Court of Appeal
C. High Court
D. County Court
D. County Court
Explanation: The County Court is bound by decisions of higher courts but does not set binding precedent itself.
