The legal system :the civil courts

Question 1

How many county courts are in the UK

Answer 1

200

Question 2

which are the main area of jurisdiction

Answer 2

all contract and tort claims
all cases for recovery of land
disputes over equitable matters such as trusts up to a value of 350000

Question 3

what judges are hearing the cases in the county court

Answer 3

circuit judge

district judge

Question 4

high court main points

Answer 4

it has the power to hear any cases
has three divisions :queen’s bench division
chancery division and family division

Question 5

queen’s bench division

Answer 5

it deals with contract and tort cases where the amount claimed is over 100 000
tried by a single judge , but there is right to jury trial for fraud , libel, slander.

Question 6

which are the specialit courts in queen’s bench division

Answer 6

commercial court

Question 7

with what deals the commercial courts

Answer 7

deals with insurance

banking and other commercial matters

Question 8

which are the main business of the chancery division

Answer 8

insolvency , both for companies and individuals
the enforcement of mortgages 
disputes relating to trust property 
copyrights and patent 
intellectual property matter 
contested probate actions

Question 9

which what are dealing the special companies court

Answer 9

with winding up companies(tried by a single judge)

Question 10

main points of family division

Answer 10

cases where there is a dispute about which country’s laws should apply and all international cases concerning family matters under the hangue convention
heard by a single judge
juries are not used in this division

Question 11

what is the method used beside going to court

Answer 11

alternative dispute resolution (ADR)

Question 12

to star a claim for 10 000 or less

personal injury case claim for 1000 or less

Answer 12

small claims track

Question 13

claim for 100 000 or less

personal injury case claim for 50 000 or less

Answer 13

county court

Question 14

claim for over 100 000

personal injury case claim for over 50 000

Answer 14

high court or county court

Question 15

small claims main point

Answer 15

cases are heard in private
parties are encouraged to represent themselves
they cannot claim the cost of using a lawyer from the other side , even if they win the case

Question 16

fast track main points

Answer 16

the court will set down a very strict timetable
the aim is to have the case heard within 30 weeks
cases are heard by a circuit judge
take place in open courts
witnesess restricted - one

Question 17

multi track cases main points

Answer 17

identifying the issues at an early stage
encouraging the parties to use an alternative dispute resolution if this is appropriate
dealing with any procedural steps without the need for the parties to attend court
fixing timetible by which the different stages of the case must be completed

Question 18

1999 lord woolf’s reforms

Answer 18

brought in the three-track system
encouraged use of ADR
simplified terminology
tried to improve waiting times

Question 19

post woolf reform

Answer 19

emphasis on proportionate costs in cases

increase in value the small claims and fast track cases can deal with

Question 20

lords briggs’ proposals for the future

Answer 20

private mediation service in the county court

setting up an online court

Question 21

process of online court

Answer 21

stage 1-interactive online process for the identification of the issues
stage 2 -conciliation and case management
stage 3 - if the case is not solved by stage 2 then there would be resolution by a judge

Question 22

appeal routs foe all claims

Answer 22

if the case was heard by a district judge , then the appeal is to a circuit judge in the same county court
if the case was heard by a circuit judge , then the appeal is to a high court judge

Question 23

is there a possibility for a second appeal

and which court will be that

Answer 23

yes

court of appeal (civil division )

Question 24

what are the terms for appeal to the court of appeal

Answer 24

the appeal would rise an important point of principle or practice
there is some other compelling reason for the court of appeal to hear it

Question 25

appeal from the high courts main points

Answer 25

from a decision in the high court the appeal usually goes to the court of appeal (civil division )
raise issue which is of national importance

Question 26

appeal routes from the county court

Answer 26

cases heard by circuit judge→high court judge→court of appeal(civil division)
cases heard by a district judge→circuit judge in the county court→court of appeal

Question 27

appeal routes from the high court

Answer 27

high court→court of appeal (civil division)→supreme court

Question 28

Advantages of using the courts

Answer 28

process is fair 
trial is conducted by a legal expert with the decision made by the judge 
easier to enforce the decision 
an appeal system is available 
legal aid is available for some cases

Question 29

disadvantages of using the courts

Answer 29

cost
delay
complicated
uncertain

Question 30

people found in the county court are

Answer 30

circuit judge/district judge
barister/solicitor
legal executive

Question 31

how many division has high courts , and which are they

Answer 31

3
queen’s bench division
chancery division
family division

Question 32

queen’s bench deals with …

Answer 32

tort and contract cases

Question 33

queen’s bench main points

Answer 33

headed by lord chief justice
aproximately 50 high courts judges in this division
barrister /solicitors
legal executive

Question 34

chancery division main points

Answer 34

headed by vice chancellor
assisted by 12 puisine judges
barrister /solicitors
legal executive

Question 35

family division main points

Answer 35

headed by president
assisted by 16puisine judges
barrister /solicitors
legal executive

Question 36

magistrates’ court deals wit which civil matter

Answer 36

debt recovery
family procedeeng court
licence application
presided by magistrates

Question 37

county court main point

Answer 37

deals with civil (non-criminal) matters

Circuit judges,Fee paid judges,District judges

Question 38

judges help by…(county court)

Answer 38

encouraging the parties to co-operate with each other in the conduct of the case;
helping the parties to settle the case;
encouraging the parties to use an alternative dispute resolution procedure if appropriate and;
controlling the progress of the case.