Advantages of civil courts and appeals A03

Question 1

What are the 4 WDPs for advantages of the civil courts

Answer 1

Qualified judge
Legally enquired to enforce the remedies
Judges more involved in case management
Remedies & appeals

Question 2

+P1: heard by a fully qualified judge

Answer 2

judges are specialised and knowledgeable = more efficient

Question 3

+DP2: Fairer trial unlike lay people on trial by jury

Answer 3

Judges understand all evidence = easier to come to a reasoned verdict = fairer

Question 4

-WDP1:Inflexible

Answer 4

judges have to stick to the strict letter of the law

Question 5

+P2: Courts legally required to enforce

Answer 5

the remedy, decision is legally binding = effective outcome

Question 6

+DP2: more secure outcome than ADR

Answer 6

greater fairness and trust in the courts

Question 7

-WDP2: formal and adversarial

Answer 7

harder to remain on amicable terms

Question 8

+P3: Judges are more involved in case management

Answer 8

more experienced in track allocation, legal expertise = more fairness

Question 9

+DP3: Track system means courts are more specialised

Answer 9

with separate divisions = case managed more efficiently with less delays

Question 10

-WDP3: Delays and lengthy process

Answer 10

have to wait longer for specialist courts = not as effective as ADR

Question 11

+P4: Courts have a full range of remedies

Answer 11

more tailored outcome

Question 12

+DP4: Full appeals structure

Answer 12

allows for challenge = fairness in the courts

Question 13

-WDP4: Inequality of bargaining power

Answer 13

McDonalds v Steel and Morris