Civil Courts/adr/tribunals

Front 1

The civil trial courts.

Back 1

-County Court.

-High Court.

Front 2

The main areas of civil law.

Back 2

Contract law and tort law.

Front 3

The standard of proof in civil cases.

Back 3

Balance of probabilities.

Front 4

The two factors that determine which court a case is allocated to.

Back 4

-The complexity of the case.

-The amount of damages being claimed.

Front 5

The maximum claim limit in the County Court.

Back 5

Max=£100,000.

Personal injury claims for £50,000 or less must be started in the County Court.

Front 6

The type of case for which there is an exception to the normal County Court limit and that different limit.

Back 6

Personal injury=£50,000

Front 7

Name the three tracks and their financial limits.

Back 7

-Small claim tracks= under £10,000.

-Fast tracks= £10,000-£25,000.

-Multi track= over £25,000.

Front 8

District judges hear all cases in this track.

Back 8

Small claim tracks.

Front 9

Fast track cases can be heard by...

Back 9

Either a district judge or a Circuit Judge in the County Court.

Front 10

Multi track cases can be heard by which judges depending on what?

Back 10

1. Can be heard by a Circuit judge or by a High Court judge.

2. Depends on the value of the case and its degree of legal complexity.

Front 11

The costs rule and any exceptions.

Back 11

The winner does not usually have their costs paid by the loser.

Front 12

Small claims and fast track appeals.

Back 12

-Leave to appeal (permission) must be gained.

-Appeal is heard by the next level of judge, But usually in the same court.

Front 13

Multi-track appeals.

Back 13

Appeal route is to the Court of Appeal (Civil Division) with a further appeal to the Supreme Court.

Front 14

The three divisions of the High Court.

Back 14

1. KBD (King's Bench Division.)

2. The Chancery Division.

3. The Family Division.

Front 15

How negotiation operates.

Back 15

Where a party directly communicates with the person with whom there is a dispute, in an attempt to settle the dispute.

Front 16

How mediation operates.

Back 16

Where a neutral third party helps both parties reach a compromise without actually imposing a solution on them.

Front 17

ADR is usually cheaper than using the courts because...

Back 17

The parties don't have to hire a lawyer.

Front 18

Neither mediation or negotiation provide this...

Back 18

A third party decision maker.

Front 19

Who decides the outcome in negotiation and mediation and how may this be an advantage over the courts?

Back 19

-An agreement will only be reached if both sides accept it.

-Means they are able to go on doing business with each other.

Front 20

The reason why state tribunals were set up.

Back 20

To relieve the burden on civil courts.

Front 21

The difference between tribunals and ADR.

Back 21

1.Tribunals provide a specialised and mandatory forum.

2. In addition, the decision of the tribunal is binding and enforceable.

Front 22

The three types of state tribunal.

Back 22

1. Social welfare payments

2. Redundancy payments and unpaid wages.

3. Claim political asylum.

Front 23

Legislation governing tribunals.

Back 23

The TRIBUNALS COURT AND ENFORCEMENT ACT 2007.

Front 24

Tribunal appeals go from where to where?

Back 24

-Goes from first-tier tribunals, then to Upper Tribunal.

-After this, goes then to the Court of Appeal and from there a final appeal to the Supreme Court.