Deck 5: The Civil Courts

Question 1

The Magistrates Court only deals with civil and not criminal cases

Answer 1

False

Question 2

The Supreme Court hears appeals from which Court/s?

A) The Crown Court
B) The County Court
C) The Court of Appeal
D) The Magistrates Court
E) The High Court

Answer 2

C,E
Explanation:Decisions of the Court of Appeal may be appealed to the Supreme Court and it also hears appeals from the High Court but only in exceptional circumstances (requires permission and only where the issue is of public importance)

Question 3

Which of the following are among those classified as 'superior courts'?

A) The Supreme Court
B) The Court of Appeal
C) County Courts
D) The High Court
E) Crown Court

Answer 3

The Supreme Court
The Court of Appeal
County Courts
The High Court
Crown Court

Question 4

Which of the following are classified as inferior courts?

A) Crown Court
B) County Courts
C) Magistrates' Courts
D) High Court
E) Court of Appeal

Question 5

What are the two main civil courts which hear civil cases at first instance?

A) Crown Court
B) County Courts
C) Magistrates' Courts
D) High Court
E) Court of Appeal

Question 6

Match up the court to the types of civil cases which they hear
-Magistrates' Court

A)Hears applications for appeal
B)The Queen's Bench Division hears mainly contract and tort cases, the Chancery Division hears matters relating to land, mortgages, bankruptcy, etc and the Family Division hears matrimonial matters
C)Hear's small claims and fast-track cases and civil matter such as debt repayment, personal injury, breach of contract, family issues an housing disputes
D)Hear's family proceedings under the Domestic Proceedings and Magistrates' Courts Act (DPMCA) 1978 and the Children Act (CA) 1989

Question 7

Match up the court to the types of civil cases which they hear
-County Courts

A)Hears applications for appeal
B)The Queen's Bench Division hears mainly contract and tort cases, the Chancery Division hears matters relating to land, mortgages, bankruptcy, etc and the Family Division hears matrimonial matters
C)Hear's small claims and fast-track cases and civil matter such as debt repayment, personal injury, breach of contract, family issues an housing disputes
D)Hear's family proceedings under the Domestic Proceedings and Magistrates' Courts Act (DPMCA) 1978 and the Children Act (CA) 1990

Question 8

Match up the court to the types of civil cases which they hear
-The High Court of Justice

A)Hears applications for appeal
B)The Queen's Bench Division hears mainly contract and tort cases, the Chancery Division hears matters relating to land, mortgages, bankruptcy, etc and the Family Division hears matrimonial matters
C)Hear's small claims and fast-track cases and civil matter such as debt repayment, personal injury, breach of contract, family issues an housing disputes
D)Hear's family proceedings under the Domestic Proceedings and Magistrates' Courts Act (DPMCA) 1978 and the Children Act (CA) 1991

Question 9

Match up the court to the types of civil cases which they hear
-The Court of Appeal (Civil Division)

A)Hears applications for appeal
B)The Queen's Bench Division hears mainly contract and tort cases, the Chancery Division hears matters relating to land, mortgages, bankruptcy, etc and the Family Division hears matrimonial matters
C)Hear's small claims and fast-track cases and civil matter such as debt repayment, personal injury, breach of contract, family issues an housing disputes
D)Hear's family proceedings under the Domestic Proceedings and Magistrates' Courts Act (DPMCA) 1978 and the Children Act (CA) 1992

Question 10

Place these civil courts in hierachial order, with 4 being the highest
-County Courts

A)1
B)2
C)3
D)4

Question 11

Place these civil courts in hierachial order, with 4 being the highest
-The High Court

A)1
B)2
C)3
D)4

Question 12

Place these civil courts in hierachial order, with 4 being the highest
-The Court of Appeal (civil division)

A)1
B)2
C)3
D)4

Question 13

Place these civil courts in hierachial order, with 4 being the highest
-The Supreme Court

A)1
B)2
C)3
D)4

Question 14

What types of cases do the County Court deal with?

Question 15

In relation to civil appeals, the Access to Justice Act (AJA) 1999 made several changes. Consider what they were.

Question 16

For a further appeal to the Supreme Court, ___ must be granted either by the Court of Appeal or by the Supreme Court

Question 17

The process where an appeal may go directly from the High Court to the Supreme Court if permission is forthcoming and the appeal involves a point of law of general public importanc is called the ___ procedure

Question 18

Civil proceedings are brought either in the County Court or the appropriate ___ Division

Question 19

In 2009 the ___ replaced the House of Lords as the highest appeal court in England, Wales and Northern Ireland

Question 20

The new Supreme Court hears cases of upmost ___ importance

Question 21

Which of the following statements are TRUE about civil cases?

A) The defendant has the burden of proof of disproving their liability
B) Most civil cases are tried by a single judge sitting alone
C) The judge will decide both questions of fact and questions of law
D) Most civil cases will be tried by judge and jury
E) The claimant has the burden of proving the essential facts in the statement of claim

Question 22

What is required for an appeal to go directly from the High Court to the Supreme Court?

A) Permission
B) The parties must be funding themselves
C) There is over an 80% chance of the case being successful on appeal
D) The appeal must involve a point of law of general public importance
E) The appeal must involve an issue of human rights

Question 23

The work of the High Court is channelled into three divisions. What are they?

A) The Civil Division
B) The Queen's Bench Division
C) The Damages Division
D) The Family Division
E) The Chancery Division

Question 24

There is no compulsion on someone who has suffered personal injury, or some financial loss through another's breach of contract, to take legal action

Question 25

Any court can refer a question of European Law to the ECJ under the procedure set out in Article 267 of the TFEU

Question 26

Contract law is a type of civil law

Question 27

An appeal may go directly from the High Court to the Supreme Court if permission is forthcoming and the appeal involves a point of law of general public importance

Question 28

The Family Divisional Court, consisting of two High Court judges, hears appeals from decisions of magistrates' courts and county courts in family matters

Question 29

The Magistrates Court only deals with civil and not criminal case
.

Question 30

Which division of the High Court hears multi-track cases involving contract or tort (civil wrongs) and also contains the Administrative Court, the Commercial Court and the Admiralty Court?

A) The Queen's Bench Division
B) The Family Division
C) The Civil Division
D) The Criminal Division
E) The Chancery Division

Question 31

Carl decides to petition for a divorce; his wife does not object. Which court would deal with this case?

A) Magistrates Court
B) County Court
C) High Court
D) Crown Court
E) Court of Appeal

Question 32

The Court of Appeal consists of how many divisions?

A) 1
B) 2
C) 3
D) 4
E) 5

Question 33

Which court was established in 2009 and replaced the House of Lords as the highest court in the United Kingdom?

A) The Court of Appeal
B) The High Court
C) The European Court of Justice
D) The European Court of Human Rights
E) The Supreme Court

Question 34

Where does the European Court of Justice sit?

A) Brussels
B) Berlin
C) Munich
D) Luxembourg
E) Paris

Question 35

Which court or committe makes a decision which is not a judgment but an 'advice' to the monarch, who is counselled that the appeal be allowed or dismissed?

A) The Court of Justice of the European Union
B) The Court of Appeal (civil division)
C) The Judicial Committee of the Privy Council
D) The Supreme Court
E) The High Court

Question 36

Which of the following statements about the Supreme Court is FALSE?

A) It is the final court of appeal for all United Kingdom civil cases
B) It hears appeals on arguable points of law of general public importance
C) It concentrates on cases of the greatest public and constitutional importance
D) It maintains and develops the role of the highest court in the United Kingdom as a leader in the common law world
E) It hears appeals from the Magistrates Court

Question 37

the burden of proof lie with the ___ in most civil cases