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24 Cards in this Set
- Front
- Back
The civil trial courts. |
-County Court. -High Court. |
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The main areas of civil law. |
Contract law and tort law. |
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The standard of proof in civil cases. |
Balance of probabilities. |
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The two factors that determine which court a case is allocated to. |
-The complexity of the case. -The amount of damages being claimed. |
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The maximum claim limit in the County Court. |
Max=£100,000. Personal injury claims for £50,000 or less must be started in the County Court. |
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The type of case for which there is an exception to the normal County Court limit and that different limit. |
Personal injury=£50,000 |
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Name the three tracks and their financial limits. |
-Small claim tracks= under £10,000. -Fast tracks= £10,000-£25,000. -Multi track= over £25,000. |
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District judges hear all cases in this track. |
Small claim tracks. |
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Fast track cases can be heard by... |
Either a district judge or a Circuit Judge in the County Court. |
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Multi track cases can be heard by which judges depending on what? |
1. Can be heard by a Circuit judge or by a High Court judge. 2. Depends on the value of the case and its degree of legal complexity. |
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The costs rule and any exceptions. |
The winner does not usually have their costs paid by the loser. |
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Small claims and fast track appeals. |
-Leave to appeal (permission) must be gained. -Appeal is heard by the next level of judge, But usually in the same court. |
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Multi-track appeals. |
Appeal route is to the Court of Appeal (Civil Division) with a further appeal to the Supreme Court. |
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The three divisions of the High Court. |
1. KBD (King's Bench Division.) 2. The Chancery Division. 3. The Family Division. |
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How negotiation operates. |
Where a party directly communicates with the person with whom there is a dispute, in an attempt to settle the dispute. |
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How mediation operates. |
Where a neutral third party helps both parties reach a compromise without actually imposing a solution on them. |
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ADR is usually cheaper than using the courts because... |
The parties don't have to hire a lawyer. |
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Neither mediation or negotiation provide this... |
A third party decision maker. |
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Who decides the outcome in negotiation and mediation and how may this be an advantage over the courts? |
-An agreement will only be reached if both sides accept it. -Means they are able to go on doing business with each other. |
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The reason why state tribunals were set up. |
To relieve the burden on civil courts. |
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The difference between tribunals and ADR. |
1.Tribunals provide a specialised and mandatory forum. 2. In addition, the decision of the tribunal is binding and enforceable. |
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The three types of state tribunal. |
1. Social welfare payments 2. Redundancy payments and unpaid wages. 3. Claim political asylum. |
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Legislation governing tribunals. |
The TRIBUNALS COURT AND ENFORCEMENT ACT 2007. |
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Tribunal appeals go from where to where? |
-Goes from first-tier tribunals, then to Upper Tribunal. -After this, goes then to the Court of Appeal and from there a final appeal to the Supreme Court. |