Key terms

Cards (25)

  • Claimant - the person or organisation complaining that they have suffered loss or damage.
  • Defendant - the person alleged to have caused the loss or damage
  • Law of tort - part of civil law dealing with civil wrongs, such as negligence and nuisance
  • Negligence - a failure to act or acting in a way not expected of a reasonable person.
  • Contract law - part of civil law protecting people and businesses who have made agreements - for example about buying and selling goods and services
  • Compensation - a sum of money paid to someone who has successfully brought a case against someone else
  • High Court - Claim above £100,000 or personal injuries above £50,000
  • County Court Multi-track- Any claim not in fast track or small caims track (£50,000 - £100,000)
  • County Court fast-track - claims up to £25,000 and personal injuries up to £50,000
  • County court small claims track - claims up to £10,000 or personal injuries up to £1000
  • Queen's bench division - part of the high Court that deals with claims over £100,000 or personal injuries over £50,000
  • Chancery Division - Part of the High Court dealing with property disputes, wills, insolvency and trusts
  • Family division - deals with aspects of divorce, children's welfare and medical treatment.
  • Judicial precedent - a judge must follow the decision made in previous cases where the facts are the same as those in the present case. (Robinson v chief constable of west yorkshire)
  • Arbitrator - impartial person who makes a decision on a dispute by means of Arbitration.
  • Conciliation - an impartial expert encourages two sides to come to an agreement between themselves
  • Mediation - focuses on working on the relationship between the parties involved.
  • Negotiation - direct discussion between two disputing parties, aiming to find a solution
  • Ombudsmen - person who investigates complaints about organisations
  • Solicitor - qualified to deal with all legal matters, may also instruct barristers and represent clients in some courts.
  • Barrister - regulated by the bar Council. Specialise in particular areas of law and act as advocates, draft court and legal documents and are sources of advice.
  • Citizens Advice - free, wide range of advice, relatively local, quick advice ready for next step. May not be able to do more than suggest to go to a solicitors
  • Law Centres - cheap or free, experts in their field of work, often open at convenient times. Not necessarily local.
  • Insurance companies - easy to access, can specialise in particular types of claims, such as classic cars. Client must pay a premium for the policy, dealt with at a distance, sometimes limited range of cases dealt with
  • Internet - instant availability, wide range of information available, free. Not always based on England's laws and not al2ys