Class notes on Dispute solving in in civil law Pearson BTEC National Applied Law. 2017 specification
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Course
Applied Law Dispute solving in civil law
Institution
PEARSON (PEARSON)
This document contain notes made in class. The document covers civil law. types of ADR, how to appeal, the role of judges, courts. Suitable for students studying Pearson BTEC National Applied Law.
Civil dispute resolution
Class notes:
Civil law covers areas of law that criminal doesn’t like business, negligence and
contracts.
Claimant is the person who suffered loss or damage.
Defendant is the person who caused the loss or damaged.
The aim of civil law is to protect people and businesses in our society. The law
sets out the rights and duties for businesses and individuals. Civil law seeks to
achieve compensation for the damage or the loss made.
Standard of proof is the balance of probabilities.
Balance of probabilities means that the judge must be more than 50% sure
that the defendant is liable.
Burden of proof means the claimant must prove their case on the balance of
probabilities.
There are only 2 civil courts: County court and the high court. Also known as
courts of first instance.
High court cases go here is the claim is above £100,000 or personal injuries
above £50,000.
County court multi-track any claim that is not in the fast or small track.
County court cases go here if the amount of up to £25,000 or personal
injuries up to £50,000
County court small claims tracks cases go her is the claim is up to £10,000 or
personal injuries up to 1,000
Legal personnel who deal with these cases:
District Judge/ Circuit Judge.
District judges are full time working and they deal with the majority of cases in
the country courts.
Circuit judges a more senior judge than district judge.
When defendant is unhappy with their case, or they think it was unfair. They
can appeal. An appeal is requested when filing an appeal notice within 21 days
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