Civil Courts and Procedure

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What is the standard of proof in civil courts?
The standard to be reached is 'on the balance of probabilities'
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What is the burden of proof in civil courts?
The burden of proof is on the claimant to prove the liability of the defendent
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What is the exception to the burden of proof in civil courts?
Res Ipsa Loquitur
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What does ADR stand for?
Alternative Dispute Resolution
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When will ADR be actively encouraged by the judge?
At all stages up to the time of the trail itself, but the earlier the better
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What are the 4 types of ADR?
1) Negotiation 2) Mediation 3) Conciliation 4) Arbitration
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What is ADR 'negotiation'?
Where the parties discuss and make amends themselves
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What is ADR 'mediation'?
Parties to come to a decisions with a neutral third party (this is not binding and does not always lead to a settlement)
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What is ADR 'conciliation'?
Parties with the help of a neutral third party who lways play an active role in suggesting a solution (this is not binding)
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What is ADR 'arbitration'?
Parties agree to let a thrid party make a binding decision (this is binding but is cheaper than going to court)
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What option do the parties have if ADR does not resolve the situation?
Litigation - parties go to court and a judge decides on the case (this is formal and binding and therefore could be lengthy and public)
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What is the procedure in negligence cases up to the trail date?
Claimant fills in a claim form and sends to court - The court then send a letter to defendent who has to admit (quantum is then decided) or defend - Judge chooses a track system and starts case management - occassionally appeals
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What makes up the three track system?
1) Small claims track 2) Fast track 3) Multi-track
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What regulated the three track system?
The Civil Procedures Act 1997
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Other cards in this set

Card 2

Front

What is the burden of proof in civil courts?

Back

The burden of proof is on the claimant to prove the liability of the defendent

Card 3

Front

What is the exception to the burden of proof in civil courts?

Back

Preview of the front of card 3

Card 4

Front

What does ADR stand for?

Back

Preview of the front of card 4

Card 5

Front

When will ADR be actively encouraged by the judge?

Back

Preview of the front of card 5
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