BTEC Questions and Answers 2022/2023 {law} unit 1

BTEC Questions and Answers 2022/2023 {law} unit 1 court of first instance County Court and High Court small claims track in county court up to £10,000, up to £1000 personal injury, District Judge fast track in County Court, £10,000 to £25,000, or above £1000 personal injury, District Judge multi track County court, £25,000 +, up to £50,000 personal injuries, complex cases Circuit judge High Court Claims above £100,000 or above £50,000 personal injury, High Court Judge Queens Bench Division, Family Division, Chancery Division The three branches of the High Court Appellate Court Courts where appeals are heard leave to appeal the permission needed to appeal Appeals from the County Court Under £25,000, if first heard by a District Judge it will stay in the same court and be heard by a Circuit Judge Role of Judges read documents, decide on procedure in the case, make a judgement, conduct small claims court hearing advantages of using civil courts judges have expertise and experience, decisions are enforceable, possibility of appeal disadvantages of civil courts it is expensive, lack of technical knowledge in some areas, the process is slow an inflexible Alternative Methods of Dispute Resolution (ADR) way of resolving disputes that do not involve going to court Negotiation 2 parties talk to each other to try and reach a solution Mediation A neutral person helps the parties to reach a solution, they do not suggest solutions Conciliation A neutral person helps parties make a decision, they can suggest and make comment Arbitration parties agree to pass the dispute to a third party for them to make a decision for them Ombudsmen A complaint is passed to this person but you have to complain to the organization first Court Costs an initial fee paid to start a claim, cheaper if you apply online a bill of costs the costs paid by the losing side to the winning side hidden costs costs that may be difficult to get back and stress and loss of reputation State funding the government through Legal Aid Agency pays for some costs of taking legal action insurance funding costs covered for example in car accidents or house damage trade union funding free legal advice offered and representation by for example the NUT, or Unison or FBU Pro bono some solicitors and barristers will do work for free Conditional fee solicitor agrees a fee (usually a cap) for their work as well as a success fee that will be paid. Otherwise called No Win No Fee Citizens Advice ...