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Topic 7

Topic 7. The courts system test. Topic 7 The courts system test: civil courts. Civil courts. Topic 7 The courts system test: civil courts. Question 1. Define the term ‘jurisdiction’. Topic 7 The courts system test: civil courts. Answer 1.

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Topic 7

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  1. Topic 7 The courts system test

  2. Topic 7 The courts system test: civil courts Civil courts

  3. Topic 7 The courts system test: civil courts Question 1 Define the term ‘jurisdiction’.

  4. Topic 7 The courts system test: civil courts Answer 1 The term ‘jurisdiction’ refers to the power of a court and the types of cases it is able to hear.

  5. Topic 7 The courts system test: civil courts Question 2 What is the jurisdiction of the County Court and the High Court?

  6. Topic 7 The courts system test: civil courts Answer 2 The jurisdiction of the County Court is to hear cases up to a value of £15,000 for most cases, and £50,000 for personal injury cases. The High Court hears cases above £15,000 or above £50,000 for personal injury. The High Court divisions hear specialist cases such as defamation (Queen’s Bench Division), equity (Chancery Division) and divorce (Family Division).

  7. Topic 7 The courts system test: civil courts Question 3 Name the appeal courts.

  8. Topic 7 The courts system test: civil courts Answer 3 The two main appeal courts are the Court of Appeal and the House of Lords. The Divisional High Court may also hear appeals from the County Court and the Magistrates’ Court.

  9. Topic 7 The courts system test: civil courts Question 4 What is litigation?

  10. Topic 7 The courts system test: civil courts Answer 4 Litigation means taking a case to court to have the judge decide who is at fault.

  11. Topic 7 The courts system test: civil courts Question 5 Which civil court uses arbitration?

  12. Topic 7 The courts system test: civil courts Answer 5 Small Claims Court.

  13. Topic 7 The courts system test: civil courts Question 6 Name the three divisions of the High Court and an example of the cases they each hear.

  14. Topic 7 The courts system test: civil courts Answer 6 • The High Court divisions hear specialist cases such as: • defamation (Queen’s Bench Division) • equity (Chancery Division) • divorce (Family Division)

  15. Topic 7 The courts system test: civil courts Question 7 What is the difference between a High Court division and a Divisional Court?

  16. Topic 7 The courts system test: civil courts Answer 7 The High Court divisions are trial courts. The Divisional High Court hears appeals.

  17. Topic 7 The courts system test: civil courts Question 8 What types of civil cases are heard in the Magistrates’ Court?

  18. Topic 7 The courts system test: civil courts Answer 8 The Magistrates’ Court hears some civil cases involving family law such as child maintenance and adoption.

  19. Topic 7 The courts system test: civil courts Question 9 What is a leap-frog appeal?

  20. Topic 7 The courts system test: civil courts Answer 9 The leap-frog procedure allows a case in the High Court to be appealed to the House of Lords, bypassing the Court of Appeal.

  21. Topic 7 The courts system test: civil courts Question 10 What type of appeal will be heard by the House of Lords?

  22. Topic 7 The courts system test: civil courts Answer 10 The House of Lords will only hear appeals on a point of law of general public importance.

  23. Topic 7 The courts system test: Woolf reforms Woolf reforms

  24. Topic 7 The courts system test: Woolf reforms Question 1 What was wrong with the civil justice system before the Woolf reforms?

  25. Topic 7 The courts system test: Woolf reforms Answer 1 The problems with the civil courts identified by Lord Woolf were cost, delay and complexity.

  26. Topic 7 The courts system test: Woolf reforms Question 2 How did Lord Woolf propose to improve the civil courts?

  27. Topic 7 The courts system test: Woolf reforms Answer 2 Lord Woolf proposed to make the court system cheaper, quicker and simpler, with case management and more cases being resolved outside the courts (ADR).

  28. Topic 7 The courts system test: Woolf reforms Question 3 What reforms were made by Lord Woolf?

  29. Topic 7 The courts system test: Woolf reforms Answer 3 Lord Woolf simplified the terminology used in civil cases, made the judge responsible for case management and established the three-track system.

  30. Topic 7 The courts system test: Woolf reforms Question 4 Which document contained the Woolf reforms?

  31. Topic 7 The courts system test: Woolf reforms Answer 4 The Access to Justice Report 1996, which led to the Civil Procedure Rules 1999.

  32. Topic 7 The courts system test: Woolf reforms Question 5 What criticisms have been made of the Woolf reforms?

  33. Topic 7 The courts system test: Woolf reforms Answer 5 The Woolf reforms have been criticised for not going far enough. There are still delays and the procedure in the civil courts is still expensive. People may be pressured into using ADR or making out-of-court settlements.

  34. Topic 7 The courts system test: Woolf reforms Question 6 What are the key features of the small claims track?

  35. Topic 7 The courts system test: Woolf reforms Answer 6 The small claims track deals with cases up to £5,000 (1,000 for personal injury cases). It is a less formal type of arbitration where it is not necessary to employ a solicitor.

  36. Topic 7 The courts system test: Woolf reforms Question 7 What are the key features of the fast track?

  37. Topic 7 The courts system test: Woolf reforms Answer 7 The fast-track cases take place in the County Court. Cases will not last more than 1 day. The County Court hears cases worth between £5,000 and £15,000 (£1,000 and £50,000 for personal injury cases).

  38. Topic 7 The courts system test: Woolf reforms Question 8 What are the key features of the multi-track?

  39. Topic 7 The courts system test: Woolf reforms Answer 8 The multi-track cases take place in the High Court or County Court, depending on the complexity of the case. Multi-track applies to cases worth more than £15,000 (£50,000 for personal injury cases).

  40. Topic 7 The courts system test: Woolf reforms Question 9 Who decides which track a case will follow?

  41. Topic 7 The courts system test: Woolf reforms Answer 9 The judge decides which track is most appropriate.

  42. Topic 7 The courts system test: Woolf reforms Question 10 Which form is completed to decide which track is followed?

  43. Topic 7 The courts system test: Woolf reforms Answer 10 Particulars of claim.

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