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GCSE Citizenship: Rights and responsibilities > Chapter 2: How the different criminal and civil courts work - Tribunals and other means of dispute resolution > Flashcards

Chapter 2: How the different criminal and civil courts work - Tribunals and other means of dispute resolution Flashcards

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1
Q

Tribunals

A

Tribunals:

  1. Are officially established bodies that can determine a resolution of a dispute
  2. Have similar powers to a court
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2
Q

Tribunals are officially established bodies that can determine a resolution of a dispute and have similar powers to a court.
What does the government also have relating to government services?

A

The government also has established ombudsmen relating to government services

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3
Q

The government also has established ombudsmen relating to government services.
What can ombudsmen do?

A

Ombudsmen can:

  1. Make recommendations
  2. Publish reports
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4
Q

How are many civil disputes and disagreements settled?

A

Many civil:
1. Disputes
2. Disagreements
are settled without a formal court hearing taking place

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5
Q

Many civil disputes and disagreements are settled without a formal court hearing taking place.
In recent years, what have governments encouraged claimants to do?

A

In recent years, governments have encouraged claimants to use other methods than court hearings

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6
Q

Tribunals are what courts?

A

Tribunals are inferior courts

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7
Q

The advantages of tribunals

A

The advantages of tribunals are that:

  1. They can deal with specialised issues
  2. They can be cheaper than conventional courts
  3. They can be quicker than the court system
  4. The procedure is simple and informal
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8
Q

The disadvantages of tribunals

A

The disadvantages of tribunals are that the:

  1. Applicants that pay legal professionals to represent them tend to be more successful
  2. Reasons for decisions reached are not always clear
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9
Q

An ombudsman

A

An ombudsman is an official who is appointed

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10
Q

The advantages of ombudsmen

A

The advantages of ombudsmen are that:

  1. The problem may be solved
  2. It can lead to recommended changes made to government agencies, or public bodies
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11
Q

The disadvantages of ombudsmen

A

The disadvantages of ombudsmen are that:

  1. Their powers are constrained by fact that they cannot deal with matters that could be dealt with by courts
  2. Complaints must be made through an elected representative
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12
Q

What does Alternate Dispute Resolution (ADR) refer to?

A

Alternate Dispute Resolution (ADR) refers to these methods of resolving a dispute:

  1. Negotiation
  2. Mediation
  3. Conciliation
  4. Arbitration
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13
Q

Alternate Dispute Resolution (ADR) refers to the following methods of resolving a dispute, negotiation, mediation, conciliation and arbitration.
Agreements reached in this way can then be what?

A

Agreements reached in this way can then be lodged with a Court

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14
Q

In October 2015, what did the government introduce?

A

In October 2015, the government introduced regulations that require traders to provide information on the availability of Alternative Dispute Resolution when customers are still in dispute

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15
Q

Negotiation

A

Negotiation is when parties involved:
1. Discuss issues
2. Compromise, or make a decision
about how the issues can be resolved

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16
Q

The advantages of negotiation

A

The advantages of negotiation are that:

  1. It is very informal
  2. It is private
  3. There is no cost
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17
Q

The disadvantages of negotiation

A

The disadvantages of negotiation are that the parties involved may not be able to:
1. Make a decision
Or,
2. Compromise

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18
Q

Mediation

A

Mediation is when parties discuss disputes with a neutral third party known as a mediator

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19
Q

The advantages of mediation

A

The advantages of mediation are that:

  1. It is much cheaper than courts
  2. Parties reach their own agreement
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20
Q

The disadvantages of mediation

A

The disadvantages of mediation are that the process:

  1. May not lead to a settlement
  2. Is not binding
21
Q

Conciliation

A

Conciliation is when a conciliator is used to help to resolve disputes

22
Q

Conciliation is when a conciliator is used to help to resolve disputes, but plays a more active role than a mediator.
Example

A

For example, they might suggest grounds for a possible compromise

23
Q

The advantages of conciliation

A

The advantages of conciliation are that:

  1. It is much cheaper than litigation
  2. It is entirely private
  3. There is a good success rate
24
Q

The disadvantages of conciliation

A

The disadvantages of conciliation are that:

  1. The process may not lead to a settlement
  2. It can put pressure on claimants to settle in employment cases
25
Q

Litigation

A

Litigation is the process of taking legal action

26
Q

Arbitration

A

Arbitration is the process where parties agree to have their dispute heard by a private arbitrator who will make a binding decision

27
Q

The advantages of arbitration

A

The advantages of arbitration are that:

  1. It can be cheaper than courts
  2. It is quicker than court proceedings
  3. The decisions are binding and can be enforced by courts
  4. Parties can choose their own arbitrator
28
Q

The disadvantages of arbitration

A

The disadvantages of arbitration are that:

  1. There is no state funding for arbitration
  2. Professional arbitrators’ fees can be high
  3. Using professional arbitrators and lawyers might cause delays similar to those experienced in the court system
29
Q

Ombudsmen can make recommendations and publish reports, but their findings are what?

A

Ombudsmen can:
1. Make recommendations
2. Publish reports
,but their findings are not binding

30
Q

Many civil disputes and disagreements are settled without a formal court hearing taking place.
In recent years, governments have encouraged claimants to use other methods than court hearings, which what?

A

In recent years, governments have encouraged claimants to use other methods than court hearings, which:

  1. Can be very expensive
  2. Use up a lot of court time, often on minor disputes
31
Q

Tribunals are inferior courts.

They deal with what each year?

A

Tribunals deal with a large number of cases each year

32
Q

Tribunals are inferior courts.
They deal with a large number of cases each year.
A variety of subjects are dealt with by what?

A

A variety of subjects are dealt with by specialised tribunals

33
Q

Tribunals are inferior courts.
They deal with a large number of cases each year
A variety of subjects are dealt with by specialised tribunals.
These include what?

A

These subjects include:

  1. Employment
  2. Health and social care
  3. Pensions
  4. Finance and commerce
34
Q

The disadvantages of tribunals are that the applicants that pay legal professionals to represent them tend to be more successful, which possibly highlights what, and the reasons for decisions reached are not always clear?

A

The disadvantages of tribunals are that the:

  1. Applicants that pay legal professionals to represent them tend to be more successful, which possibly highlights inequality for those that cannot afford this option
  2. Reasons for decisions reached are not always clear
35
Q

An ombudsman is an official who is appointed to do what?

A

An ombudsman is an official who is appointed to:

  1. Check on government activity on behalf of an individual citizen
  2. Investigate complaints that are made
36
Q

An ombudsman is an official who is appointed to check on government activity on behalf of an individual citizen and to investigate complaints that are made.
This can be where?

A

This can be in range of areas

37
Q

An ombudsman is an official who is appointed to check on government activity on behalf of an individual citizen and to investigate complaints that are made.
This can be in range of areas, for example what?

A

This can be in range of areas, for example:

  1. Health services
  2. Local government
  3. Legal services
  4. Housing
38
Q

The disadvantages of ombudsmen are that their powers are constrained by fact that they cannot deal with matters that could be dealt with by courts and complaints must be made through an elected representative and so this can be a barrier to who?

A

The disadvantages of ombudsmen are that:

  1. Their powers are constrained by fact that they cannot deal with matters that could be dealt with by courts
  2. Complaints must be made through an elected representative and so this can be a barrier to citizens wishing to scrutinise government actions
39
Q

In October 2015, the government introduced regulations that require traders to provide information on the availability of Alternative Dispute Resolution when customers are still in dispute, after using what?

A

In October 2015, the government introduced regulations that require traders to provide information on the availability of Alternative Dispute Resolution when customers are still in dispute, after using the traders’ dispute processes

40
Q

Mediation is when parties discuss disputes with a neutral third party known as a mediator.
The mediator does not do what?

A

The mediator does not disclose their own opinion

41
Q

Mediation is when parties discuss disputes with a neutral third party known as a mediator.
The mediator does not disclose their own opinion, but instead acts as a what?

A

The mediator does not disclose their own opinion, but instead acts as a facilitator

42
Q

Mediation is when parties discuss disputes with a neutral third party known as a mediator.
The mediator does not disclose their own opinion, but instead acts as a facilitator, who helps the parties do what?

A

The mediator does not disclose their own opinion, but instead acts as a facilitator, who helps the parties reach their own agreement

43
Q

The advantages of mediation are that it is much cheaper than courts and parties reach their own agreement, so it is likely to what?

A

The advantages of mediation are that:

  1. It is much cheaper than courts
  2. Parties reach their own agreement, so it is likely to last longer than settlements that are forced on them
44
Q

Conciliation is when a conciliator is used to help to resolve disputes, but plays a more active role than a what?

A

Conciliation is when a conciliator is used to help to resolve disputes, but plays a more active role than a mediator

45
Q

The disadvantages of conciliation are that the process may not lead to a settlement and so parties may have to do what anyway, and it can put pressure on claimants to settle in employment cases?

A

The disadvantages of conciliation are that:

  1. The process may not lead to a settlement and so parties may have to litigate anyway
  2. It can put pressure on claimants to settle in employment cases
46
Q

The disadvantages of conciliation are that the process may not lead to a settlement and so parties may have to litigate anyway and it can put pressure on claimants to settle in employment cases and mean that they might what?

A

The disadvantages of conciliation are that:

  1. The process may not lead to a settlement and so parties may have to litigate anyway
  2. It can put pressure on claimants to settle in employment cases and mean that they might accept a lesser settlement than a tribunal would award
47
Q

Arbitration is the process where parties agree to have their dispute heard by a private arbitrator who will make a binding decision.
Many commercial contracts contain clauses which say the parties will do what to settle any disputes?

A

Many commercial contracts contain clauses which say the parties will use arbitration to settle any disputes

48
Q

The disadvantages of arbitration are that there is no state funding for arbitration, professional arbitrators’ fees can be high, so may be as expensive as what, and using professional arbitrators and lawyers might cause delays similar to those experienced in the court system?

A

The disadvantages of arbitration are that:

  1. There is no state funding for arbitration
  2. Professional arbitrators’ fees can be high, so may be as expensive as courts
  3. Using professional arbitrators and lawyers might cause delays similar to those experienced in the court system

GCSE Citizenship: Rights and responsibilities (41 decks)

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