10 markers Flashcards
Explain how a claim is made in civil law.
10 marker
In civil claw a claim is made a pre action protocol is needed. A pre action protocol is .. Firstly In order to claim in court an (N1) claim form is required where claimant’s can then completes the form (keeping a copy for themselve and each defendant) and returns it to the court office with the appropriate court fee. Secondly the claimant must .. Then a claimant will be directed to an allocation questionnaire which states which track the claim will be on depending on the.. this includes /.. Next there will be a case management conference where …. Then a pre trial administration then the trial will begin .
Identify the different types of alternative dispute resolution.10
ADR is known as an alternative way of resolving issues other than going to court which can be recommended using the civil procedural rules act 1988. There are many different types of ADR such as negotiation , mediation . conciliation , arbitration and the tribunals. Mediation is a peaceful way of resolving issues between parties which enables common ground to be found between two parties through a mediator. Conciliation is another method of adr which is similar to mediation however the conciliator plays a more active role than the mediator. On the other hand arbitration is a more formal and legally binding form of adr which is governed by the adr act 1996 where parties agree on a type of hearing ad decide how they would like to resolve the issue. Tribunals act as a specialised court for disputes in specialised areas for example employment dispute which include many different types. Negotiation is the last type of ADR that is used to resolve disputes through discussing , barging and coming to a conclusion.
Explain the role of the jury in trials in England and Wales 10
Jury plays a vital role in the criminal justice system in England and Wales which is governed by the Juries Act 1974. The overall function of a jury is to weigh up the evidence and to decide what the true facts of the case are or what actually happened. The judge gives the direction to the jury on the relevant law, which the jury has to apply to the facts of the case in order to reach a verdict. In criminal cases the role of the jury is to decide whether a defendant is guilty or not guilty but only hear around 1% of criminal cases in the crown court. In civil cases the role of the jury is to see if the claimant is liable or not and how much compensation they should be awarded specifically in cases such as fraud , false imprisonment etc
Describe the qualifications of a juror.
Qualifications of a juror is set out in the juries act 1974 this highlights juror eligibility as three main elements this includes a person needs to be aged between 18 and 75 to be considered as a juror, On the electoral register and resident in the UK for at least 5 years from the age of 13.
Explain the structure , powers and appellate functions of the civil court
The structure of the civil court goes in a hierarchy where the supreme court is seen as the highest court of appeal then there is the court of appeal civil division appeals are heard from lower courts, this may be because one party feels that the law was unfairly applied or some procedural error occurred. The high court is another type of court which is split into three divisions. The queens bench division , Family division and the chancery division. The final and lowest civil court is the county court which hears small claims . The civil procedural rules act 1988
Explain how magistrates are appointed 10
Magistrates are appointed by the lord chief justice or through a recommendation from the Local Advisory Committee In order for magistrates to be appointed candidates need to be aged 18-65 and must be able to commit to 26 half days per year. No legal training or qualifications is needed to become a magistrates as full training will be provided. he 1966 the Local Advisory Committee should consider a candidate’s
political allegiance to get a political balance on the bench. A balance of occupations is also aimed at. The Local Advisory Committee will give the candidate a two staged
interview. The interview is designed to discover whether the magistrate
has six key qualities contained within the Lord Chancellors directions 1998.. The six key qualities are sound judgement , good character , understanding and communication , social awareness ,Maturity and sound temperament,
Sound judgment,
Commitment and reliability. qualities. They should be able to assimilate factual information and make a reasoned decision on it and should also be able to take account of the reasoning of others and work as a team. e first interview is designed to examine personality and attitudes towards the criminal justice system and criminal justice issues such as drink driving. The second interview tests aptitude by discussing at least two case studies.
The Local Advisory Committee then needs to establish whether appointment would possibly exacerbate any imbalances on the
Explain the factors that result in the disqualification from jury service
There are a number of reasons why a person may be disqualified from jury service this may be because a person has been sentenced to imprisonment for life or to imprisonment, or youth custody for 5 years or more or detained at Her Majesty’s Pleasure or imprisoned/detained for public protection or Sentenced to an extended sentence. A person may be disqualified for 10 years if they have received any of the following sentences within the last 10 years:
custodial sentence suspended sentence
community order or other community sentence passed on them. If a person is currently on bail they are also disqualified from jury service .Failure to disclose a disqualification from jury service (i.e. turning up for jury service anyway) may mean a fine of up to £5,000.
Explain how criminal cases can be appealed if the trial was in the Crown Court
The route of appeal for criminal cases is through the court of appeal criminal division. The rules of appeal is set out in the Criminal Appeals Act 1995. the end of the trial in which the defendant has been found guilty, his lawyer should advise him on the possibility of an appeal. This advice can be given verbally at the court or in writing within 14 days of the end of the trial. In order to appeal, a notice of appeal must be filed at the Court of Appeal (Criminal Division) within 28 days of conviction. The application for leave to appeal is considered by a single judge in the Court of Appeal. If he refuses, the defendant can apply for the decision to be made by a full court. The 1995 Act states when an appeal should be heard. The Act states that the Court of Appeal:
Shall allow an appeal against conviction if they think that the conviction is unsafe.
Shall dismiss an appeal in any other case.
Since the Human Rights Act 1998, the Court of Appeal has taken a broad approach to meaning of ‘unsafe’. Any new evidence must appear to be capable of be. Criminal appeals can be done by the prosecution against the judges ruling, If the judge gives a ruling on a point of law which effectively stops the case against the defendant, the prosecution have the right to appeal against the ruling, under the Criminal Justice Act 2003. There are two limited situations in which the prosecution can appeal against an acquittal by a jury. 1. Where jury ‘nobbling’ has taken place then the Criminal Procedure and Investigations Act 1996 allows an application to be made to the Queen’s Bench Divisional Court for an order quashing the acquittal
Explain how criminal cases can be appealed if the trial was in the Magistrates Court
In criminal cases appeals can be heard in the magistrates court , the crown court and the queens bench division of the high court under the criminal appeals act 1995. If a trial was heard in the magistrates court there are only two appeal routes which include the crown court and the QBD of the high court. The crown court is the normal route of appeal for criminal cases in the magistrates court and it is only available to the defence, Appeals must be made within 21 days of the date sentencing, the right of appeal is automatic which means that permission does not need to be given. Recently nder the Criminal Procedure (Amendment No. 2) Rules 2021, the time limit for lodging an appeal will be calculated from the date the case is committed by the magistrate’s court to the Crown Court for sentence.If the D pleads guilty at the magistrates court then they can only appeal against the sentence whereas if the defendant pleaded not guilty then the appeal can be against conviction or sentence. The final route of appeal is the high court which here’s case stated appeals, this refers to appeals on points of law which go to the administrative court.This route can be used by either the prosecution against an acquittal or the defence against a conviction, where they claim that the Magistrates came to the wrong decision because they made a mistake about the law. It cannot be used to challenge the sentence. It can either be direct from the Magistrates court or follow an appeal from the Crown Court. The case of C V DPP
Explain the meaning of Arbitration as a form of ADR
- Arbitration is a form of ADR which acts as a alternative way or resolving disputes between parties. Arbitration is defined as the voluntary submission by the parties to a dispute to the judgement of some other person other than a judge. Arbitration agreements are usually in writing. The precise way in which arbitration is carried out is left almost entirely to the parties’ agreement. It can be made before a dispute arises or when a dispute becomes apparent, which means that it can sometimes include a Scott v Avery clause , this is a clause in the parties’ contract where the parties agree that in the event of a dispute they will have the dispute settled by arbitration. This means that arbitration is one of the more formal types of ADR because it is binding. It is governed under the Arbitration act 1996. uses an arbitrator who settle the dispute for the two parties who are at conflict and gets them to either sign to it or to agree to it with witnesses.
Explain the composition and role of tribunals.
The tribunal system is an important part of the English legal system, it acts as a specialist court for disputes in specialist areas. Tribunals are also one of the main methods of ADR. Tribunals have been governed by the TRIBUNAL COURT & ENFORCEMENT ACT 2007 which lead t only two tribunals .There are three types of tribunals which include: administrative, domestic and the employment tribunal. The administrative tribunal hears disputes between individuals and the state for example issues concerning social security , mental health and immigration The domestic tribunal refers to internal tribunals used for disputes within private bodies such as the Law Society and the General Medical Council. The final type of tribunal is employment , this deals with disputes between employees and employers . There are also tiers of tribunals which include the first tier and the upper tribunal. The first tier is heard by a tribunal judge or two specialist non legal members who sit with the judge. The first tier tribunal consists of 7 chambers which include the health education and social care chamber this looks at mental health and special educational needs as well as social care. The upper tier tribunal hears appeals on points of law and consists of an administrative appeal chamber , tax and chancery chamber , immigration and asylum chamber, land chamber.
