Topic A Civil Dispute Solving

Question 1

What is the aim and purpose of civil law?

Answer 1

Deal with disputes between individuals and organisations and to provide a remedy.

Question 2

Who has the burdon of proof in civil law?

Answer 2

The claimant

Question 3

What is the standard of proof?

Answer 3

Judge must be over 50% sure that the defendant is liable.

Question 4

What areas does civil law cover?

Answer 4

Family, Buying and selling goods, how a company is run, ownership of property, running a business and accidents.

Question 5

Draw the civil court hierarchy.

Answer 5

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

Question 6

Where do civil trials take place?

Answer 6

County Court or High Court. It depends on the amount being claimed.

Question 7

What are the County Court and the High Court known as?

Answer 7

Courts of first instance

Question 8

Where will claims below £100,000 usually be heard?

Answer 8

County Court

Question 9

Claims over £100,000 are usually heard in the..

Answer 9

High Court

Question 10

Contract and tort law will be heard where?

Answer 10

Queen’s Bench Division of the High Court

Question 11

What is tort law?

Answer 11

Part of civil law that deals with civil wrongs, such as negligence

Question 12

What is contract law?

Answer 12

Part of civil law serving to protect people and businesses who have made agreements relating to goods and services.

Question 13

The County Courts Act 1984 established guidelines for when a jury should be used for a civil trial What were the guidelines?

Answer 13

In libel or slander cases, in malicious prosecution, false imprisonment cases and fraud.

Question 14

Small claims track deals with……

Answer 14

Disputes under £10,000 or £1,000 personal injury

Question 15

Fast-track deals with……

Answer 15

Claims between £10,000 and £25,000

Question 16

Multi-track deals with……

Answer 16

Claims over £25,000

Question 17

Explain what trial process.

Answer 17

Parties can represent themselves or use barristers or solicitors to act on their behalf. Most evidence will be filed before the hearing but some oral evidence can be given. The judge will decide who wins the case on the balance of probabilities and any damages and costs to be paid.

Question 18

When can a defendant appeal?

Answer 18

Either party can appeal to the Court of Appeal against liability or amount of damages. This must be made within 21days after the date of the decision of the lower court.

Question 19

When will permission not be given to appeal?

Answer 19

Permission will not be given for an appeal unless it is likely to succeed, for example if the Court of Appeal believes the decision of the lower court was wrong or unjust because of serious irregularities. There are relatively few appeals each year.

Question 20

Where can you appeal after a hearing at the Court of Appeal?

Answer 20

A further appeal can be made to the Supreme Court but only on issues of law of national importance.

Question 21

The judge takes complete control of a case. What is their role?

Answer 21

To encourage the parties to cooperate with each other, help them to agree a settlement, encourage them to use ADR, control the progress of the case and decide which witnesses are needed.

Question 22

What will the judge do at the trial?

Answer 22

Read the case papers before the hearing, hear any evidence from witnesses and legal arguments during the hearing, decide who is liable considering any precedent, decide the amount of damages to be paid, decide who pays the costs.