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Law unit 1
Civil courts and ADR
| What are civil claims? | When an individual or a Business believes their rights have been infringed in some way |
| What are a few examples of civil claims | Money owed, Compensation, damages |
| Where are county courts? | In every town or city |
| Examples of cases tried in county court | All contract and Tort claims,All cases for recovery of land |
| What are the names of the three divisions in High court | Kings bench division, Chancery division, Family division |
| What type of cases does the Kings bench division deal with | Contract and Tort cases with value over $100,000 |
| What type of cases does the Chancery division deal with | cases such as insolvency, enforcement of mortgages, property & contested probate matters |
| What type of cases does the Family division deal with | Family cases such as custody disputes & matters such as family court |
| What court are small claims track cases heard in | County |
| What court are fast track cases heard in | County |
| What court are Intermediate track cases heard in | County |
| What court are Multi track cases heard in | County/High |
| What judge hears small claims track cases | District |
| What judge hears Fast track cases | District/Circuit |
| What judge hears Intermediate track cases | Circuit |
| What judge hears Multi track cases | Circuit |
| What is the value of cases heard from the small claims track | Up to $10,000 |
| What is the value of cases heard from the Fast track | Between $10,000-$25,000 |
| What is the value of cases heard from the Intermediate track | $25,000-$100,000 |
| What is the value of cases heard from the Multi track | Over $100,000 |
| What are 6 advantages of Civil courts | Structured & formal process Binding judgements Appeal system Public accountability Legal aid Enforceable |
| What are 5 disadvantages of Civil courts | Costly Time-consuming Complexity Damage to reputation No guarantee of desired outcome |
| What is ADR | Methods of resolving or settling disputes before the court stage |
| What are 3 types of ADR | Tribunals Mediation Negotiation |
| What type of cases does mediation deal with | Family cases such as divorce or custody disputes Small dispute |
| What people are involved in mediation | 2 parties & their legal representation (optional) Mediator |
| What type of cases does Negotiation deal with | Any type of dispute from the starting point |
| What people are involved in Negotiation | 2 parties & their legal representation (If they wish) NO THIRD PARTY |
| 5 advantages of mediation | Informal Private Parties have full control Cost effective Encourages cooperation |
| 5 disadvantages of mediation | No guarantee dispute will be resolved Lengthy Mediators may take sides Both parties have to be willing to make it work Settlements are often lower in court |
| 4 advantages of Negotiation | Informal Parties have full control Encourages cooperation Maintains working relationships |
| 4 Disadvantages of negotiation | No guarantees dispute will be resolved Wont work unless both parties are willing Lengthy Settlements are often lower in court |
| 4 advantages of ADR | Cheaper Quicker Informal Less adversial |
| 4 disadvantages of ADR | Weaker parties may be bullied Cant always be enforced No guarantee dispute will be resolved Possibly lengthy |
Created by:
Taanvi