Topic A

Question 1

Queens Bench Division

Answer 1

Involving contract and tort cases in which amount claimed over £100,000, or personal injuries where damages likely to exceed £50,000.

Question 2

Who would hear cases in the County Court?

Answer 2

District judge or Circuit judge

Question 3

What are the 3 divisions in the High Court?

Answer 3

Queens Bench Division
Chancery Division
Family Division

Question 4

How can you appeal?

Answer 4

Appeal to CoA against liability or amount of damages.
Requested by filing appeal notice within 21 days after date of decision of lower court.
Permission required for appeals. Will not be given unless appeal likely to succeed.
Appeal court will allow appeal only where decision of lower court was wrong or unjust.
The restriction shows confidence in all judges, but willingness to admit sometimes mistakes are made.

Question 5

Sit

Answer 5

To hold a session at court or perform an act that is judicial in nature.

Question 6

Contract law

Answer 6

Protecting people and businesses who’ve made agreements relating to goods and services.

Question 7

Name the court tracking system

Answer 7

Small claims track - £1,000-£10,000
Fast-track - £25,000-£50,000
Multi-track - £50,000 - £100,000

Question 8

Courts of first instance

Answer 8

Courts that hear initial trials of cases (either County Court or High Court).

Question 9

District judges

Answer 9

Full-time judge who deals with majority of cases on County Courts.

Question 10

Law of tort

Answer 10

Part of the civil law dealing with civil wrongs, such as negligence and nuisance.

Question 11

What does civil law deal with?

Answer 11

Family relationships
Accidents
How company's run
Buying and selling goods
Ownership of property

Question 12

Balance of probabilities

Answer 12

Standard of proof in civil cases meaning judge has to be more than 50% sure defendant liable.

Question 13

Appeal structure

Answer 13

High Court or County Court multi-track case, Court of Appeal (Civil Division), Supreme Court.

Question 14

Doctrine of precedent

Answer 14

Once point of law been decided, statement of law must be applied in all future cases containing same material facts.

Question 15

What is the aim and purpose of civil law?

Answer 15

To protect people and businesses and to provide a remedy for the person who suffered loss or damage..

Question 16

Family Division

Answer 16

Some aspects of divorce, children’s welfare and medical treatment. Dealt with Family Law Courts.

Question 17

Where do civil trials take place?

Answer 17

County Court or High Court

Question 18

Burden of proof

Answer 18

In civil cases, claimant must prove their case on balance of probabilities.

Question 19

Circuit judges

Answer 19

More senior judge to district judge.

Question 20

Chancery Division

Answer 20

Handles business and property cases.

Question 21

Name the civil court hierarchy

Answer 21

Supreme Court, Court of Appeal, High Court (QBD), County Court (Courts of first instance)

Question 22

Standard of proof

Answer 22

Decision made on ‘balance of probabilities’. Judge has to be over 50% sure defendant is liable.

Question 23

What can either the claimant or defendant do if High Court or County Court result considered incorrect?

Answer 23

May be an appeal.

Question 24

Why is there a hierarchy of courts?

Answer 24

So there’s clear route from initial trial of case to final appeal.