English Legal System and Law making - Paper 2 (Civil Courts)
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- Created by: chloefyf3
- Created on: 11-07-22 13:17
What matters do the county court deal with the majority of?
civil
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Where will a civil court case arise?
where an individual or a business
believes their rights have been infringed
believes their rights have been infringed
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What are three examples of civil cases dealt with in the county courts?
- businesses trying to recover money they are owed
- individuals seeking compensation for injuries
- landowners seeking orders that will prevent trespass
- individuals seeking compensation for injuries
- landowners seeking orders that will prevent trespass
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What are the three divisions of the high court?
chancery division
queens bench division (and divisional court of queens bench)
family division
queens bench division (and divisional court of queens bench)
family division
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What does the queens bench division deal with?
majority of the work
including tort and contract cases not suitable for county court
including tort and contract cases not suitable for county court
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What does the divisional court of queens bench hear?
some criminal appeals
&
judicial review cases
&
judicial review cases
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What cases does the chancery division deal with?
tax
property
bankruptcy cases
property
bankruptcy cases
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What matters does the family division hear?
adoption
divorce
wills
child custody proceedings
divorce
wills
child custody proceedings
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What are the four points of pre-action
protocols the parties have to do before the case begins?
protocols the parties have to do before the case begins?
- claimant sends defendant a letter to explain why the defendant is at fault, details of the injury etc
- defendant has 3 months to investigate and explain if he accepts/denies liability
- parties should agree an expert witness if required
- failure to co
- defendant has 3 months to investigate and explain if he accepts/denies liability
- parties should agree an expert witness if required
- failure to co
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How will a claim be issued?
- claimant completes form N1 (ask for help from court staff or citizens advice bureau
- this costs between £30-£1700
- the court will then allocate it to a track
- this costs between £30-£1700
- the court will then allocate it to a track
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What are the three tracks in the track system?
- small claims track
- fast track
- multi track
- fast track
- multi track
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What price range of claims are heard in the small claims track?
claims under £10000
£1000 for personal injury
£1000 for personal injury
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Where are small claims heard and by who?
in the county court
by a district judge
by a district judge
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What approach does the judge take in small claims and what does this mean?
inquisitorial approach
- active part in the proceedings
- active part in the proceedings
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What are parties encouraged to do in small claims?
represent themselves
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What price range of claims are heard in the fast track?
between £10,000 - £25,000 (straightforward cases)
£1000 - £25,000 (personal injury)
£1000 - £25,000 (personal injury)
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Where are fast track claims heard and by who?
in the county court
'
by a circuit judge
'
by a circuit judge
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What kind of timetable is set by the
court and when do they aim to hear the case by in a fast track claim?
court and when do they aim to hear the case by in a fast track claim?
very strict timetable
within 30 weeks
within 30 weeks
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What is the hearing limited to in a fast track claim?
to one day
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What price range of claims are heard in the multi track?
claims over £25,000 or more complex cases
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Where are claims in value of £25,000 - £50,000 heard and by who?
in the county court
by a circuit judge
by a circuit judge
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Where are claims in value of £50,000 or more heard and by who?
in the high court
by a puisne judge
by a puisne judge
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Who sets the timetable in a multi track claim?
the judge
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To what judges are appeals up to £25,000 in value (small and fast track) made to?
the next judge up in the hierarchy
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So, if the case was heard by a district judge (small claims track), which judge is it made to and in which court?
a circuit judge
the same county court
the same county court
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So, if the case was heard by a circuit judge (fast track), which judge is it made to?
a high court judge
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Where are second appeals made to and when can they be made?
the court of appeal (civil decision)
in exceptional circumstances
in exceptional circumstances
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What does s55 of the Access to Justice
Act 1999 say about appeals to the Court of Appeal?
Act 1999 say about appeals to the Court of Appeal?
no appeal may be made to the Court of Appeal unless the Court of Appeal considers that ;
a) the appeal would raise an important point of principle or practice OR
b) there is some other compelling
reason for the Court of Appeal to hear it
a) the appeal would raise an important point of principle or practice OR
b) there is some other compelling
reason for the Court of Appeal to hear it
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After this possible second appeal, can a further appeal be made?
no
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Which court are appeals from the multi track made to?
the Court of Appeal (civil division)
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When may a further appeal be available to the Supreme Court?
if the case concerns a point of law of general public importance
and if either the Court of Appeal / Supreme Court gives permission
and if either the Court of Appeal / Supreme Court gives permission
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On rare cases, from which court and to which court may there be a leap frog appeal?
from the High Court
to the Supreme Court
to the Supreme Court
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Under which act may there be a leap frog appeal and when may it be available?
Administration of Justice Act 1999
if the Supreme court gives permission, and it concerns a point of law of general public importance concerning statutory interpretation or a binding precedent
if the Supreme court gives permission, and it concerns a point of law of general public importance concerning statutory interpretation or a binding precedent
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If a European Law issue is involved where the case may be referred to and under which article is this?
to the European Court of Justice
under Article 267 Treaty of Rome
under Article 267 Treaty of Rome
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Who can make this referral?
any english court
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What are the five advantages of using the civil courts?
- fair process (everyone treated alike + judge is impartial)
- legal expert conducts trial(judge makes decision- an experienced and qualified lawyer)
- enforcement of decision is easy
- appeal process has specific routes so claimant can appeal
- legal aid
- legal expert conducts trial(judge makes decision- an experienced and qualified lawyer)
- enforcement of decision is easy
- appeal process has specific routes so claimant can appeal
- legal aid
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What are the four disadvantages of using the civil courts?
- cost (going to court is often more than amount claimed)
- delay (many preliminary stages add to length of case and long wait to actually hear case in court)
- complicated (compulsory steps to be taken before court)
- uncertainty (no guarantee of winning
- delay (many preliminary stages add to length of case and long wait to actually hear case in court)
- complicated (compulsory steps to be taken before court)
- uncertainty (no guarantee of winning
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Other cards in this set
Card 2
Front
Where will a civil court case arise?
Back
where an individual or a business
believes their rights have been infringed
believes their rights have been infringed
Card 3
Front
What are three examples of civil cases dealt with in the county courts?
Back
Card 4
Front
What are the three divisions of the high court?
Back
Card 5
Front
What does the queens bench division deal with?
Back
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