Civil Courts and ADR Flashcards

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Flashcards about civil courts and ADR to resolve disputes, advantages and disadvantages of the civil court system.

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7 Terms

1
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What is the role of judges in civil courts?

Experienced, qualified lawyers who can deal with complex legal matters and apply established rules of evidence and procedure.

2
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How do judges ensure fairness and transparency in civil court decisions?

Judges provide reasoned opinions on liability, allowing parties to understand how a decision was reached and enabling appeals based on inaccuracies in the law.

3
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How is a case managed in civil courts to minimize delays?

The judge allocates a defended case to the most suitable track and court, managing it to minimize delays. Both parties know the number of witnesses allowed and the hearing length.

4
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What is the outcome of a civil court hearing?

A judge makes a legally binding and enforceable decision, guaranteeing a resolution and an enforceable remedy.

5
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What is a major disadvantage of using civil courts to resolve disputes?

The losing party typically pays the winner's legal costs, potentially making the overall cost of taking a case to court higher than the original claim, especially in the High Court.

6
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What delays can occur in civil court proceedings?

Delays can occur during the preliminary stages of a claim and in arranging a hearing date, with some complex cases taking several years to resolve.

7
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Under what circumstances can someone apply for a no-win, no-fee arrangement?

No-win, no-fee arrangements are typically only available for person injury claims, A lawyer will only agree to such an arrangement if a claim stands a high chance of succeeding.