ipl-logo

The Pros And Cons Of Civil Law

911 Words4 Pages

1. Intro
-The civil justice system is planned to deal with disputes between individuals or individual and organization.
-In a civil court, the person who suing is called claimant whereas the person who being sued is called the defendant.
-The main areas of civil law are the law of contract, tort, employment law, company law and family law.
-The court to start the case relies on the financial jurisdiction of the court and subject matter jurisdiction. Most of the cases go to the County Court and High Court for hearing.
-The aim of civil action is different from criminal trial which is to uphold the rights of individuals. The procedure also different as both side lawyers needs to exchange information and they will try to resolve the dispute outside …show more content…

• County Court
-There are around 200 County Court in England and Wales.
-The county court has the jurisdiction to trial all civil cases.
Main Jurisdiction:
-Small claims, that is claim for up to £10,000.
-They hear contract and tort claims as well as personal injury case that less than £1000.
-Recovery of land as well as partnership disputes, trust and inheritance up to £350,000.
-Some county court also hears divorce cases, bankruptcy cases, admiralty cases and matters under the Race Relations Act 1976.
-Cases are heard by a circuit judge or a district judge, jury of eight would only appear in very rare occasions such defamation cases or for the tort malicious prosecution or false imprisonment.
-Cases are heard in open court and public is allowed to attend except for family matters such as maintenance of children cases under the Children Act 1989 which are heard in private.
(Justice must not be heard to be done, but seen to be done)
• High Court
-High Court has the power to hear any civil …show more content…

-Multitrack cases are dealt with in the High Court.
-The personal injury cases that over £50,000 and the defamation cases.
-Other claims with a value more than £15,600.
-Claims where an Act of Parliament requires an action to begin in the High Court.
* Cases in High Court are expensive and can take longer time. It normally takes three years from issuing a claim to the trial. It is expensive because need to hire lawyers.
Queen’s Bench Division
-Contract and tort claims.
- It will be tried by a single judge but there is a right to jury trial for fraud, libel, slander, malicious prosecution and false imprisonment cases.
Chancery Division
-Dealt with cases such as the administration of the deceased’s estate, relating to mortgage, bankruptcy, companies and partnership, tax law, copyright and patent, intellectual property and contested probate actions.
-It only heard by one single judge and no jury is needed in the Chancery Division.
Family Division
Family matters such as divorce, custody of children and maintenance.
Appellate Courts
-Appellate Courts refer to courts that hear appeals.
• Divisional Courts
Queen’s Bench Divisional

Show More
Related

  • What Is R V Lopez Case Brief

    1757 Words  | 8 Pages

    Role of the Courts Firstly, the coroner’s court investigated the deaths of the accused’s family. The case was then heard in the local court. Due to the fact that the case was an indictable offence, the local court could not finalise the verdict. Therefore, the local court conducted a committal hearing, where the magistrate was to determine whether the prosecution evidence is capable of satisfying a jury, beyond a reasonable doubt, that the accused committed the offence.

    Read More

  • Ferjo V Ontario Human Rights Tribunal Case Study

    1511 Words  | 7 Pages

    Case Brief: Ferjo v. Ontario Human Rights Tribunal, 2011 HRTO 222 Purpose: Kimberley Ferjo commenced an application against the Ontario Human Rights Tribunal for sexual discrimination. The tribunal had to determine whether Mrs. Ferjo faced discrimination after being previously denied legal representation and if her application should be dismissed. Facts: Mrs. Ferjo acted as a representative and witness for VideoComm Technologies during a hearing before the Ontario Human Rights Tribunal. The hearing was based on allegations that VideoComm Technologies had discrimination against a pregnant employee. VideoComm Technologies was ordered to pay damages at the end of the hearing.

    Read More

  • Gideon Vs Wainwright Case Analysis

    920 Words  | 4 Pages

    Trial or District courts deal with the actual trying of the case. Gideon v. Wainwright begins with a poor man named Clarence Earl Gideon, accused of breaking and entering a poolroom in

    Read More

  • Pros And Cons Of Tort Reform

    979 Words  | 4 Pages

    Nowadays, many victims choose to file a suit on some insignificant cases because they think that they can win the case and gain money from it. However, each lawsuit requires not only money to hire a conscientious lawyer, but also time and efforts. To me, with efforts and high expenses, the money that the plaintiff wins afterwards does not worth

    Read More

  • The Five Levels Of The Texas Court System

    249 Words  | 1 Pages

    The 2nd level is the County Level Courts. County Courts have jurisdiction over juvenile matters, misdemeanors with fines greater than 500$ or jail sentence, and probate matters. District Courts are the 3rd level. They have jurisdiction over felonious matters, divorce cases, land titles, and contested elections. The 4th level is the Courts of Appeals, which is the final step before the

    Read More

  • Texas Court System Essay

    627 Words  | 3 Pages

    In America, the judiciary has a legal system that helps solve any personal, economic, social, and political problems or cases. These cases are withheld in a court and presented to a judge and either a grand, petite, or hung jury to finalize their jurisdiction on the problem. In this essay, I will explain the structure of the Texas court system and their type of cases. To start, civil and criminal cases are two types of cases in this legal system. Civil cases handle private rights and remedies, personal injury suits, divorces, child custodies, or breach-of-contracts.

    Read More

  • Texas Judges

    1450 Words  | 6 Pages

    Precincts within each county establish these courts and when you look at Collin County there are 3. Like the Justice of the Peace courts, Municipal courts also handle misdemeanors punishable by fines only. Miscible courts have jurisdiction over violations of city ordinance with find up to 2000, and miscible judges may issue search and arrest warrants, that they have only limited civil jurisdiction. Miscible court, like the justice of the peace courts, functioned primarily as traffic court.

    Read More

  • The Three-Tiered Hierarchy Of The Federal Court System

    188 Words  | 1 Pages

    U.S. district courts, U.S. courts of appeals, and the U.S. Supreme Court make up the three-tiered hierarchy of the federal court system. U.S. district courts are the trial courts. They have jurisdiction over cases concerning violations of federal law. There are 13 U.S. courts of appeals or circuit courts. These courts are located in major cities and the cases are heard by a number of associate justices.

    Read More

  • Three Levels Of The Federal Courts Essay

    492 Words  | 2 Pages

    Going up from there are the circuit courts, the district courts of appeal, and the supreme court. There are 67 county courts, one in each county. These courts are of limited jurisdiction and deal with only minor offenses. The circuit courts are the states courts of original jurisdiction and are courts of record. They also hear appeals from the county courts.

    Read More

  • Four Major Codifications Of The Four Legal Families Of Law

    826 Words  | 4 Pages

    There are unique differences from civil law and common law. Today, Civil law is used throughout western Europe, Latin America, parts of Africa, and the Far East. Civil law is also called Roman-Germanic, Roman Law, and sometimes Continental Law. Civil law is code-based.

    Read More

  • Advantages And Disadvantages Of The Common Law System

    1268 Words  | 6 Pages

    [5] Common law works in a different way, the judges rather than the Parliament make common law or ‘judge-made law’. Considering criminal and civil cases, the judges take decisions based on the stare decisis principle (Latin “to stand by things decided”, the legal principle of determining points in litigation according to precedent [4]), deliver rulings and create precedents, thus applying the law to real life situations. Therefore, the value of the precedent is very high in the English Common Law system. The strengths of common law

    Read More

  • Strengths And Weaknesses Of The Civil Justice System

    715 Words  | 3 Pages

    It was revealed by a survey carried out by National Consumer Council how unhappy and unsatisfactory people were with the Civil Justice System. The main weaknesses identified were that the system being too slow, too complicated for ordinary people to understand and too outdated and costly. In the continued criticism of the system Lord Woolf was appointed by the government who came up with suggestions and solutions to overcome these problems. As a result Civil Procedure Rules came into force on 26th April 1999 introducing different reforms to the system. The rationale of the reforms was to avoid litigation and promote settlement between the parties at dispute.

    Read More

  • The Advantages And Disadvantages Of The Public International Law?

    1655 Words  | 7 Pages

    International laws are, by definition “A body of rules established by custom or treaty and recognized by nations as binding in their relations with one another” (www.oxforddictionaries.com). International law is a very significant topic because it affects everyone globally. In this research report, I would like to explore the advantages and disadvantages of international laws and consider if they should be enforced in all countries. The modern system we use today was developed in the 17th century in Europe and is still used worldwide (Stratton, 2009). After the Second World War, international unity became very popular (Neff).

    Read More

  • Civil Law Advantages And Disadvantages

    3020 Words  | 13 Pages

    Introduction Civil Justice System The civil justice system exists in order to enable individuals, businesses, and local and central government to vindicate, and where necessary, enforce their civil legal rights and obligations, whether those rights are private or public. It ensures that the rights and protection of citizens are called for. The rule of law dictates that government should not abuse their powers as per AV Dicey’s concept of the rule of law. In addition, the civil courts endorse economic activity, allowing contracts to be made between strangers because rights are taken care of in the courts if they are breached.

    Read More

  • Role Of Judiciary In Malaysia

    1103 Words  | 5 Pages

    The hierarchy of courts of Malaysia begins with the Magistrates’ Court, followed by the Sessions Court, High Court, Court of Appeal and finally is the Federal Court of Malaysia. There are generally two types of trials, criminal and civil. The jurisdiction of the courts in civil or criminal matters are contained in the Subordinate Courts Act 1948 and the Courts of Judicature Act 1964. Article 121 of the Constitution provides for two High Courts of co-ordinate jurisdiction, the High Court in Malaya, and the High Court in Sabah and Sarawak. Thus this creates two separate local jurisdiction of the courts – for Peninsular Malaysia and for East Malaysia.

    Read More

More about The Pros And Cons Of Civil Law

Open Document