BTEC LEVEL 3 UNIT 1 LECTURE NOTES FOR DISPUTE SOLVING RESOLUTION EXAM:
1. FEATURES OF CIVIL LAW
2. STRUCTURE AND JURISDICTION
3. STAGES OF A CVIL PROCEDURE
4. ALTERNATIVE DISPUTE RESOLUTION/ADR
5. TRIBUNALS
6. COMPARISONS BETWEEN CIVIL, ADR AND TRIBUNALS
7. LEGAL SKILLS
– 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.
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, – 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.
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