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Cards (100)
What are the two courts that deal with civil claims?
County Court
and the
High Court
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Approximately, how many country courts are there in the UK?
200
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Give some examples of some cases the county court deals with
Bankruptcy
Contract
claims
Tort
claims
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What judge(s) hear a county court trail?
A
district
OR a
circuit
judge
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Why might a circuit judge trial a case in the county court?
The case may be more
complex
The case may be over
£15,000
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How many high courts are there in the UK?
There is one main
high
court in
london
However
There are
26
regional courts which hear
high
court .cases
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What are the three divisions that the high court hold?
1)
Queen Bench Division
2)
Chancery
3)
Family court
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What type of cases do the Queens Bench Division (QB) usually deal with?
Multi track
cases
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What value of a claim does the QB deal wth
Over
£100,000
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The queen bench also spilts into two more courts, these are
1) The
admiralty
court
2)The
commercial
court
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The QB might also hear what other cases?
Judicial review
cases
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What is a judicial review?
Judges review the
decisions
of
Government
ministers and local authorities
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What types of cases do the chancery deal with?
Money related
cases
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Give some examples of cases of what the chancery division might hear
Land
/
property
law
Mortgage
reinforcement
Trust
and
probate
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How many judges hear a chancery division case?
Only
1. Juries
are never used in
chancery trails
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What Act impacted the Family divison?
Crime
and Courts Act
2013
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What did the Crime and Courts Act 2013 impose to start in 2014?
That the family division only deals with
two
types of cases
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What are the two types of cases that family division of the high court trial?
1)
Wardship
/
protection
, when a child is made ward of the court
2)
Certain international
cases concerning children
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What did the Crime and Courts Act of 2014 create?
A new single family court that
trials
all over cases that the
high
courts used to hear.
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What is the pre trail procedure?
1. Complete the
N1 form
2. Post the form and
pays
3.D receives and has to respond in
14
days
4.D can either admit
liability
or make a
counter
offer
5.If C does not accept D's counter claim they will go to
ADR
6)If
ADR
does not resolve the issue they have to fill out a questionnaire, the best
court
and judge will then be selected for the case
7. They will go to
court
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What are the three tracks in a civil court case?
Small claims
Fast Track
Multi Track
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What is the small claims track used for?
Straight
forward
claims up to the value of £10,000 and up to £1,00 for
personal injury
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What are fast tracks used for?
Cases with the value of £10,000 to
£25,000.
The trial depends to take place within
30-52
weeks
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What are multi track cases used for ?
Cases that have the value of
£25,000.
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What track is the most formal and a like court?
The
multi-track
case
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List the hierarchy of civil court judges staring from the least superior
District judge
Circuit Judge
High court Judge
Court of Appeal Judge/ Lord justices of appeal
Supreme court judges
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What are some basic evaluative points of the civil court?
-Lack
of legal aid
-Cost, multi track cases can cause £££££ on lawyers
-Fair
-Legal
expertise
-Held in
public
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What are
tribunals
?
A fast,
inexpensive
way to
resolve
a case
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When are
tribunals
used?
In relation to certain
rights
and
disputes
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How many tiers are there within a tribunal?
Two
tiers
First
tier
Upper
tier
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What happens in a first tier tribunal case?
They
heat
cases on fist instance
social entitlement
, taxation chamber and war pensions
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How many chambers are their in a first tier tribunal?
7
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What types of cases do upper tribunals hear?
Appeal
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Give on example of an upper tier chamber
Land Chamber
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If a party does not agree with the ruling in an upper tier ruling can they appeal it?
Yes
, it would go to the
Supreme Court of Appeal
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What are some basic evaluations of tribunals?
-Cheap
, people represent themselves
-Informal
, prevents stress
-Lack of
funding
for tribunal cases
-Quick
hearings, people are heard in a very short peroid og time
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What are the three types of ADR?
Arbitration
Conciliation
Meditation
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What is one difference between an mediator and a conciliator?
A conciliator takes a more active role whereas a mediate
sits back
and lets the parties share their opinon to them. A
mediator
acts as a go between
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Is arbitration legally binding?
Yes
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Is conciliation and mediation legally binding?
No
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