– FEATURES OF CIVIL LAW – (A1)
– Topic A Civil Dispute Resolution – (EXAM) AIMS AND PURPOSES
- To uphold and protect right of individuals and/or
1. FEATURES OF CIVIL LAW (PG.1) businesses (FREE SPEECH)
- Setting a standard of acceptable behaviour in society
2. STRUCTURE AND JURISDICTION (PG.2) (BALANCE BETWEEN PEOPLES RIGHTS)
- Providing fair/peaceful means to resolve civil disputes
(PREVENT THE NEED TO GO TO COURT)
3. STAGES OF A CVIL PROCEDURE (PG3,4) - Compensating victims
CIVIL LITIGATION – Means in which civil disputes are
resolved
4. ALTERNATIVE DISPUTE
RESOLUTION/ADR (PG.4) CIVIL BURDEN OF PROOF – The claimant must prove the
civil wrong done to them
CIVIL STANDARD OF PROOF – (CRIMINAL) The police and
5. TRIBUNALS (PG.5) prosecution must prove beyond reasonable doubt.
(CIVIL) On the balance of probability, where only >50% must
6. COMPARISONS BETWEEN CIVIL, ADR be proved.
AND TRIBUNALS (PG.6) BURDEN OF PROOF TO THE DEFENDANT – The defence
does not have to prove anything though can do so if he
wishes. It will then make the claimants case weaker and
7. LEGAL SKILLS (PG.6,7) create doubt.
Page 1|7
, – STRUCTURE AND JURISDICTION – (A2)
FIRST INSTANCE COURTS – Also known as trial courts, CIVIL COURTS OF APPEAL – Next step in which the court
these hear a civil case first. The courts are: can re-try and hear the case again. The courts are:
COUNTY COURT (Claims of ≤ £100,000) - The County Court
- The High Court
- Take all Contract cases
- The Court of Appeal
- Take all Tort Claims
- The Supreme Court
- All cases regarding recovery of Land
- Disputes over equitable matters; Trust JURISDICTION OF FIRST INSTANCE COURTS
HIGH COURT (Claims of £100,000 >) (COUNTY COURT)
(QUEEN’S BENCH) - Types of Cases
- Value of Claims
- Personal Injury – up to ≤ £50,000
- Procedure
- Negligence
- Breach of Contract (HIGH COURT)
- Tort
- Divisions
- Wrongful Imprisonment… etc.
- Types of Cases
(FAMILY BENCH) - Procedure
- Disputes over Children
- High Profile Divorce
- Adoption… etc.
(CHANCERY BENCH)
- Company Law/ Partnership Claims
- Land Law
- Mortgages… etc.
Page 2|7
– Topic A Civil Dispute Resolution – (EXAM) AIMS AND PURPOSES
- To uphold and protect right of individuals and/or
1. FEATURES OF CIVIL LAW (PG.1) businesses (FREE SPEECH)
- Setting a standard of acceptable behaviour in society
2. STRUCTURE AND JURISDICTION (PG.2) (BALANCE BETWEEN PEOPLES RIGHTS)
- Providing fair/peaceful means to resolve civil disputes
(PREVENT THE NEED TO GO TO COURT)
3. STAGES OF A CVIL PROCEDURE (PG3,4) - Compensating victims
CIVIL LITIGATION – Means in which civil disputes are
resolved
4. ALTERNATIVE DISPUTE
RESOLUTION/ADR (PG.4) CIVIL BURDEN OF PROOF – The claimant must prove the
civil wrong done to them
CIVIL STANDARD OF PROOF – (CRIMINAL) The police and
5. TRIBUNALS (PG.5) prosecution must prove beyond reasonable doubt.
(CIVIL) On the balance of probability, where only >50% must
6. COMPARISONS BETWEEN CIVIL, ADR be proved.
AND TRIBUNALS (PG.6) BURDEN OF PROOF TO THE DEFENDANT – The defence
does not have to prove anything though can do so if he
wishes. It will then make the claimants case weaker and
7. LEGAL SKILLS (PG.6,7) create doubt.
Page 1|7
, – STRUCTURE AND JURISDICTION – (A2)
FIRST INSTANCE COURTS – Also known as trial courts, CIVIL COURTS OF APPEAL – Next step in which the court
these hear a civil case first. The courts are: can re-try and hear the case again. The courts are:
COUNTY COURT (Claims of ≤ £100,000) - The County Court
- The High Court
- Take all Contract cases
- The Court of Appeal
- Take all Tort Claims
- The Supreme Court
- All cases regarding recovery of Land
- Disputes over equitable matters; Trust JURISDICTION OF FIRST INSTANCE COURTS
HIGH COURT (Claims of £100,000 >) (COUNTY COURT)
(QUEEN’S BENCH) - Types of Cases
- Value of Claims
- Personal Injury – up to ≤ £50,000
- Procedure
- Negligence
- Breach of Contract (HIGH COURT)
- Tort
- Divisions
- Wrongful Imprisonment… etc.
- Types of Cases
(FAMILY BENCH) - Procedure
- Disputes over Children
- High Profile Divorce
- Adoption… etc.
(CHANCERY BENCH)
- Company Law/ Partnership Claims
- Land Law
- Mortgages… etc.
Page 2|7
