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13 Cards in this Set
- Front
- Back
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What is meant by the burden of proof and who holds it in civil law case?
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The party with the burden of proof is the party who must prove their claim. The claimant holds the burden of proof in civil law cases |
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What is meant by the standard of proof and what is it in civil law cases?
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The level of certainty that must be established in court. In civil law the standard of proof is 'the balance of probabilities' |
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What is meant by ADR?
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Alternative Dispute Resolution
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Name the 4 main types of ADR
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1) Negotiation 2) Mediation 3) Conciliation 4) Arbitration |
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Which of the types of ADR is legally binding?
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Arbitration
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What for will a claim be served on?
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N1 claim form
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If a defendant wishes to dispute a claim how many days do they have to do so?
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14 days to acknowledge to claim additional 14 days to serve the defence |
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What are the three court 'tracks'?
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1) Small claims track 2) Fast track 3) Multi-track |
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What kind of claims are dealt with in the Small claims track and who will deal with them?
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1)Claims under £10,000. Except with personal injury claims where the limit is £1000. 2) District judge |
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What kind of claims are dealt with in the Fast Track. How quickly will it be dealt with and by who?
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1) Claims between £10k - £25k 2) Will be heard within 30 weeks and dealt with in one day (usually) 3) Circuit judge |
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What kind of claim are dealt with in the Multi-track. Who will deal with them?
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1) Over £25k OR lower if it is a complex case 2) Circuit judge |
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Who is responsible for managing a civil court case?
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The presiding judge
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Give examples of a judges case management responsibilities
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- identifying the relevant issues - deciding which issues need investigation or trial - encouraging parties to adopt ADR - dealing with procedural steps that do not need settling in court - ensuring the case is dealt with effectively and efficiently by giving directions - fixing timetables |
