CIVIL COURTS

STARTEREach table will get a topic on solicitors or barristers.

You need to create a mind map or fact sheet on the topic.

LEARNING OBJECTIVESTo be able to explain the different court jurisdictions and the track system

 To be able to Illustrate the appeal routes and give examples for each civil court

Evaluate the civil courts issues regarding access to justice and fairness.

CIVIL CASESCivil claims arise when an individual or business believes their rights have been infringed in some way.

Main areas of civil law include contract law, law of tort, family law and employment law.

A case could involve claiming compensation for injuries (tort law).It could be a company claiming money is owed to them (contract law).Or it could be a decree of divorce for a marriage that has failed (family law).

ROLLS ROYCERolls Royce was a term used by Lord Woolf to describe the civil court process.What did he mean ?The Civil Courts had remained largely unchanged for 100 years. It was expensive, with only the wealthy being able to afford to use it.The process was slow.

WOOLF REVIEW Lord Woolf’s 1996 Report on Access to Justice

Changed the Language

The Court allocation of the track system

The active encouragement of Alternative Dispute Resolution

CIVIL PROCEDURE RULES – OVERRIDING OBJECTIVE

The CPR requires that all cases are dealt with in a way that enables the court to deal with cases justly.

This includes:Ensuring parties are on an equal footing;Dealing with the case in ways which are proportionate Ensuring that the case is dealt with expeditiously and fairly.

N1 CLAIM FORM When someone wants to start a court case they have to fill in a N1 claim form outlining the details of their claim.

Please fill in an N1 claim form with your own claim that you wish to make and estimate how much the total of your claim will be.

TRACK SYSTEM OVERVIEW – FILL IN THE PICTURE WITH KEY INFORMATION ABOUT EACH TRACK. Multi Track

Fast Track

Small Claims

High CourtCounty Court

SMALL CLAIMSUnder £10,000 and personal injury £1,000.

People are encouraged to represent themselves in order to keep costs down.

Winner cannot recover the cost of their lawyer from the losing party.

FAST TRACKClaims with a financial value of no more than £25,000.

This track allows the court to set down a strict timetable for pre-trial matters to stop time-wasting and running up unnecessary costs.

Once a case is set down for hearing the aim is that it is heard within 30 weeks.

The case will be heard by a Circuit Judge and take place in the County Court.

The hearing is limited to a maximum of one day.

MULTI TRACKAny case not allocated to the other tracks is heard here.

These cases are heard in the County or the High Court.

They will be heard by a Circuit Judge who can set timetables to speed up the case.

The Judge can ask the parties to try an alternative method of dispute resolution to prevent wasting time and money.

CIVIL COURT STRUCTURE

CIVIL COURT JURISDICTION Jurisdiction –the official power to make legal decisions and Judgements.

Area of law

Financial limits

CIVIL COURT HIERARCHY ACTIVITY

You will be given a court to research.

Use your hand out and the text book to create a fact sheet.

These fact sheets will be scanned and placed on Moodle

SUPREME COURT Established on 1st October 2009

Hears appeals from the Court of Appeal

Points of Law

Public Importance

https://www.youtube.com/watch?v=wTHrynZIsBo

EUROPEAN COURT OF JUSTICE

The Court of Justice of the European must ensure that in the interpretation and application of the Treaties are correct.

It makes sure that EU legislation is interpreted and applied in the same way in all EU countries, so that the law is equal for everyone.

It ensures, for example, that national courts do not give different rulings on the same issue.

The Court has the power to settle legal disputes between EU Member States, EU institutions, businesses and individuals.

APPEAL ROUTESIn your hand-out there is a blank diagram which needs to be filled in.

Before writing the answers in the hand-out use whiteboard pens on the tables to work the answers out using the bullet points

Only consider the first diagram

APPEAL ROUTES Hint: Judges

APPEAL ROUTES

District Judge Circuit Judge Multi - Track

High Court JudgeCircuit Judge

Court of Appeal

Supreme Court

Route 3M – Mad C – CatsS – Sing

•The appeal routes are hard to remember!

•Try and make your own to help you remember the different appeal routes.

•Can also be a story, rhyme or diagram.

•Going to ask each person how they can remember the 3 different routes.

Route 1D – Don’tC – Carry C – Cow S – S**t

Route 2C – ChickensH – HateC – ChristmasS – Season

LEAPFROG APPEAL

Multi Track

Court of Appeal

Supreme CourtAdministratio

n of Justice Act 1969

https://www.youtube.com/watch?v=Wf5-oBkqkbU

ADVANTAGES AND DISADVANTAGES OF CIVIL COURTSHomework create 3 advantages and three disadvantages to bring to next lesson.

EVALUATION OF THE CIVIL COURTS AND TRACKSOn page 4 there are 6 issues which need to be discussed

Each table will be assigned a different issue to talk about

Then each group will feedback their idea to the rest of the class

ADVANTAGES OF CIVIL COURTS1. A legally qualified Judge will decide the case.

2. There is an appeal system if a party is unhappy with the decision of the trial Judge.

3. Legal Aid is available for those on a low income (below £2,657 a month).

DISADVANTAGES OF CIVIL COURTS1. The courts are open to the public and press, which

could lead to adverse publicity.

2. There is a winner and a loser.

3. The court service chooses the trial date.

4. Cost and time.

COUNTY COURT JURISDICTIONEntirely Civil Law.

Hear around 2 million cases a year.

Hear all Tracks.

County Court Act 1984 – Tort, Contract, Land, Family.

Created to deal with minor civil disputes.

HIGH COURT Both Criminal and Civil Jurisdiction

Three Divisions:Queens Bench Division

Chancery Division

Family Division

Multi Track

QUEEN’S BENCH DIVISIONAbout 70 Judges sitting in the division with the Lord Chief Justice at the head.

It deals with contract and tort cases of over £50,000

Claims over £15,000 can be heard here if the parties choose).

Usually cases are heard by a single Judge.

Cases are expensive to hear and can take a long time (on average about three years).

CHANCERY DIVISIONThere are about 17 High Court Judges in this division.

They deal with matters such as insolvency, enforcing mortgages, disputes relating to trust property, copyright and patents, intellectual property matters and probate.

Cases are heard by a single Judge, but high costs and excessive delays are also a problem.

FAMILY DIVISIONHas 17 High Court Judges assigned to it.

Hears all cases relating to children, matters relating to the family, such as declarations for the nullity of marriage and also grants probate.

Cases are heard by a single Judge.

COURT OF APPEALDivided into two divisions

Legal Arguments and Documentary evidence

They mainly hear appeals from the following –All three divisions of the High Court.The County Court for Multi-Track cases.

Permission is needed for a case to be heard in this court