Civil Courts - Procedure.

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What is res ipsa loquitur?
"the thing speaks for itself". In some situations it is difficult for the C to know exactly what has happened, but it is obvious D must have been negligent.
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To use res ipsa loquitur what must C show?
D was in control of situation which caused injury. Injury was more likely than not caused by negligence. There is no other explanation. If the C can prove RIL, D must prove he was not negligent - Mahon v Osbourne.
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What is the burden and standard of proof?
It is the claimants job to prove the claim except in res ipsa loquitur. They must prove their claim beyond reasonable doubt. Meaning judge decides who is most likely right.
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What is case management?
To keep the costs down. To do this judges have number of powers; identify issues early, decide which issues require further investigation, encourage ADR, giving directions, dealing with steps without court.
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How do courts decide which court to begin your claim in?
Personal injury up to £50,000 - County, Personal injury over £50,000 - County/high, damage to property up to £25,000 - County, Damage to property over £25,000 - County/high.
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Civil Courts Prodedure
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Card 2

Front

To use res ipsa loquitur what must C show?

Back

D was in control of situation which caused injury. Injury was more likely than not caused by negligence. There is no other explanation. If the C can prove RIL, D must prove he was not negligent - Mahon v Osbourne.

Card 3

Front

What is the burden and standard of proof?

Back

Preview of the front of card 3

Card 4

Front

What is case management?

Back

Preview of the front of card 4

Card 5

Front

How do courts decide which court to begin your claim in?

Back

Preview of the front of card 5
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