civil court

• What is a claim in civil court?

  An action taken in a civil court when rights are believed to be infringed.
• What is compensation in the context of civil claims?

  The amount of money claimed to make good the damage to the claimant.
• How are claims heard in the High Court?

  Claims are heard in open court by a single judge assigned to a specific Division.
• What are the three Divisions of the High Court?

  Queen's Bench, Chancery, and Family.
• What decisions can a judge make at the end of a hearing in the High Court?

  The judge can decide liability, compensation, other remedies, and costs.
• What types of cases does the Queen's Bench Division hear?

  Contract and tort claims over £100,000 and complicated smaller claims.
• What is the role of the Administrative Court within the Queen's Bench Division?

  It hears applications for judicial review and Habeas corpus.
• What types of cases does the Chancery Division handle?

  Disputes over business, property, trusts, and contentious probate claims.
• What is the jurisdiction of the Family Division?


  It hears cases related to child welfare, appeals from lower courts, and international family matters.
• What is the first step in starting a civil claim?


  The claimant sets out what is being claimed and why.
• What happens if a claim is defended in civil court?


  It is allocated to one of the tracks for trial.
• What are the advantages of using civil courts?

  Legal expertise, consistent decisions, and an appeal system.
• What are the disadvantages of using civil courts?


  High costs, delays, and complicated processes.
• What is the role of employment tribunals?


  They deal only with employment issues.
• How are cases heard in employment tribunals?

  By a tribunal judge sitting with two lay members.
• What are the advantages of using Alternative Dispute Resolution (ADR)?


  Less time-consuming, cheaper, and more flexible than court.
• What are the drawbacks of using ADR?


  Parties may be unwilling to engage and decisions are not binding.
• What is the difference between mediation and conciliation?


  Mediation involves an independent mediator helping to reach a compromise, while conciliation involves a more active role from the conciliator.
• What is arbitration?

  An independent arbitrator decides the case after hearing evidence from both parties.
• What is the burden of proof in criminal cases?


  The prosecution must prove the case beyond reasonable doubt.
• How do trials differ between magistrates' courts and crown courts?


  Magistrates hear evidence from witnesses, while a jury decides in crown courts.
• What are the functions of magistrates' courts?


  To try summary cases, handle first hearings of indictable offences, and deal with preliminary matters.
• What types of offences do magistrates' courts deal with?


  Summary offences and preliminary matters for indictable offences.
• What is the jurisdiction of the Crown Court?

  It deals with all indictable offences and triable either way offences sent from magistrates' courts.
• What happens if a defendant pleads guilty in the Crown Court?


  The judge will impose a sentence.
• What are summary offences?


  The least serious criminal offences in England and Wales.
• What are triable either way offences?


  Offences that can be tried in either the Magistrates' Court or the Crown Court.
• What are indictable offences?


  The most serious offences that can only be tried in the Crown Court.
• What is the first step in pre-trial procedures for summary offences?


  The magistrates will obtain the defendant's name and address and establish the facts of the offence.
• What happens if a defendant pleads guilty during pre-trial procedures?

  A sentencing hearing will follow with the facts of the offence being read out.
• What is the role of the prosecution in criminal cases?


  To prove the defendant guilty beyond reasonable doubt.
• What is the role of the defendant in a criminal case?


  To cast sufficient doubt on the prosecution's case.
• How many magistrates are there in England and Wales?


  About 28,000 unpaid volunteers.
• What is the maximum fine for a Level 1 summary offence?


  £200.
• What is an example of a summary offence?


  Disorderly conduct.
• What happens if a triable either way offence is tried in the Magistrates' Court?


  The procedure is the same as for a summary offence.
• What is the maximum sentence for indictable offences?


  The maximum set by the Act.
• What is the purpose of the first preliminary hearing in indictable offences?


  To establish the defendant's identity.
• What happens if a defendant pleads not guilty in the Crown Court?


  A jury will decide if the defendant is guilty or not guilty.
• What is the role of the judge in the Crown Court?


  To control the court, rule on legal issues, and impose sentences.