What must a claimant prove, and to what standard?

The claimant must prove every element of the claim on the balance of probabilities, meaning that it is more likely than not to be true.

Name four branches of the civil law.

Contract, tort, family law and land law are all branches of the civil law.

What is the principal remedy in a civil claim?

The principal remedy is damages, a sum of money intended to put the claimant so far as money can in the position they would have occupied had the wrong not been committed.

Name three civil remedies other than damages.

An injunction, specific performance and rescission are remedies available besides an award of damages.

WJEC AS-Level Law 603-1978-1

Law Making in Wales and the UK

Topic overview Legal rules, sources of law and the rule of law Parliamentary sovereignty, the separation of powers and the Royal Prerogative The composition and role of Parliament The legislative process at Westminster The Senedd and law making in Wales The devolution settlement and the role of the Supreme Court Influences on law making and law reform

Delegated Legislation

Topic overview The nature and authority of delegated legislation Statutory instruments By-laws and Orders in Council Delegated legislation in Wales and the devolution settlement Parliamentary controls on delegated legislation Control by the courts and judicial review Reasons for delegated legislation and its advantages and disadvantages

Statutory Interpretation

Topic overview The need for statutory interpretation The literal rule The golden rule The mischief rule The purposive approach and European influence Rules of language, presumptions and intrinsic aids Extrinsic aids, the Human Rights Act 1998 and evaluating the approaches

Judicial Precedent

Topic overview The doctrine of precedent and stare decisis Ratio decidendi and obiter dicta Binding and persuasive precedent The hierarchy of the courts in England and Wales The Supreme Court and the Practice Statement Overruling, reversing and distinguishing Advantages and disadvantages of precedent

The Civil Courts and Dispute Resolution

Topic overview Civil liability, civil claims and the civil process The structure and jurisdiction of the civil courts Appeals in civil cases Juries in civil cases Tribunals Arbitration Mediation, conciliation and negotiation

The Criminal Process and the Criminal Courts

Topic overview Classification of offences and the criminal process The magistrates' courts and the Crown Court Appeals in criminal cases The jury at trial: verdicts, secrecy and the coroner's jury Criticisms of and alternatives to the jury system The aims and theories of sentencing Sentencing powers and the sentencing of youths

Legal Personnel and the Judiciary

Topic overview Barristers: training, role and rights of audience Solicitors: training, role and work Legal executives and paralegals Regulation of the legal professions and the fusion debate The judiciary: hierarchy, role and selection Judicial independence, the rule of law and the constitutional position Lay magistrates and district judges

Access to Justice and Funding

Topic overview Access to justice and the development of legal aid Civil legal aid: scope and services Means testing, merits testing and the statutory charge Criminal legal aid and the Public Defender Service Conditional fee agreements and private funding Advice agencies and other sources of help Evaluating access to justice after the 2012 reforms

Tort: Rules and Theory

Topic overview The nature and origins of the law of tort Categories of tort and the interests protected Fault and strict liability Corrective justice and the economic justification Retributive and distributive justice in tort Theories of justice and the balancing of interests Criticisms of the tort system Reform and alternatives to tort

Tort: Negligence

Topic overview Duty of care and the neighbour principle The Caparo test and the modern approach Breach of duty and the reasonable man Factors affecting the standard of care Causation in fact and in law Remoteness of damage and the thin skull rule Psychiatric injury: primary and secondary victims

Tort: Occupiers' Liability

Topic overview Occupiers, premises and visitors The common duty of care under the 1957 Act Child visitors Skilled visitors, contractors and warnings Liability to trespassers under the 1984 Act Comparing the two Acts Evaluating occupiers' liability

Tort: Remedies

Topic overview The purpose of damages in tort Special and general damages Mitigation and contributory negligence The form of a damages award Injunctions Other remedies and the limitation of actions Evaluating remedies in tort

The Civil Courts and Dispute Resolution

7 subtopics
21 things to know
AS Unit 1

What The Civil Courts and Dispute Resolution covers

The Civil Courts and Dispute Resolution is examined in AS Unit 1, The Nature of Law and the Welsh and English Legal Systems. It covers civil liability, civil claims and the civil process, the structure and jurisdiction of the civil courts, appeals in civil cases, juries in civil cases, tribunals, arbitration and mediation, conciliation and negotiation.

Where it is assessed

AS Unit 1

The Nature of Law and the Welsh and English Legal Systems.

Check the WJEC specification ↗

The 7 subtopics

Each one has its own page. WJEC AS Law students sit this topic in the first year.

What you need to know

Answer each one before you reveal it.

Your recallNot started

Key term

What distinguishes a civil wrong from a criminal offence?

Numbers

What right does a party have to use Welsh in civil proceedings in Wales?

Evaluation

Give two criticisms of the civil appeals system.

Evaluation

Give two arguments against juries in civil cases.

Numbers

Who oversees the devolved Welsh tribunals?

Key term

State the three general principles on which the Arbitration Act 1996 is founded.

Evaluation

Give three disadvantages of arbitration.

Key term

Which two courts hear civil claims at first instance?

Key term

Distinguish mediation from arbitration.

Key term

What kinds of claim does the County Court hear?

Key term

Is a civil appeal a fresh hearing of the case?

Key term

Why was jury trial removed as the default in defamation?

Key term

Why were tribunals created in such numbers during the twentieth century?

Key term

What does it mean to conduct a mediation without prejudice?

Key term

What are the two parties to a civil claim called?

Key term

Name the three divisions of the High Court.

Key term

Why is an appeal court reluctant to disturb findings of fact?

Key term

How many jurors sit in a civil case in the High Court and in the County Court?

Key term

What did the review of tribunals in 2001 conclude?

Numbers

Which statute governs arbitration in England and Wales?

Key term

What part does ACAS play in employment disputes?

Take The Civil Courts and Dispute Resolution further

The same content, four other ways.

Commonly confused

Pairs that lose marks when they are blurred together.

Claimant vs Defendant
Claimant: the party who brings a civil claim. Defendant: the party against whom it is brought.
Mediation vs Conciliation
Mediation: involving a neutral who only facilitates the parties' own agreement. Conciliation: involving a neutral who evaluates the dispute and proposes terms.
Arbitration vs Mediation
Arbitration: producing a binding award imposed by a third party. Mediation: producing an agreement the parties reach themselves.

Questions from this topic

Each one with the model answer underneath.

1
What distinguishes a civil wrong from a criminal offence?
Model answer
A civil wrong is a breach of a duty owed to another person, remedied at that person's suit by compensation or a court order, while a criminal offence is a wrong against the state, prosecuted and punished by it.
2
What are the two parties to a civil claim called?
Model answer
The person bringing the claim is the claimant and the person defending it is the defendant.
3
What must a claimant prove, and to what standard?
Model answer
The claimant must prove every element of the claim on the balance of probabilities, meaning that it is more likely than not to be true.
4
Name four branches of the civil law.
Model answer
Contract, tort, family law and land law are all branches of the civil law.
5
What is the principal remedy in a civil claim?
Model answer
The principal remedy is damages, a sum of money intended to put the claimant so far as money can in the position they would have occupied had the wrong not been committed.
6
Name three civil remedies other than damages.
Model answer
An injunction, specific performance and rescission are remedies available besides an award of damages.

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Law Making in Wales and the UK

Delegated Legislation

Statutory Interpretation

Judicial Precedent

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196319411945

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AThe defendant owed the victim a duty of care and breached it.

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Pecuniary loss is financial and measurable.

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The Civil Courts and Dispute Resolution revision questions

Is The Civil Courts and Dispute Resolution examined at AS in WJEC Law?: Yes. It sits in AS Unit 1, which you take in the first year, so it is on the AS paper as well as counting towards the full A level.
What does The Civil Courts and Dispute Resolution cover in WJEC AS-Level Law?: 7 subtopics: civil liability, civil claims and the civil process, the structure and jurisdiction of the civil courts, appeals in civil cases, juries in civil cases, tribunals, arbitration and mediation, conciliation and negotiation. Each one has its own page with questions and model answers.
How is The Civil Courts and Dispute Resolution organised?: By the WJEC 603-1978-1 specification, subtopic by subtopic, so it matches the order you are taught it in.

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