Civil Courts +&-

Question 1

+&- APPEALS

Answer 1

+ unhappy party can appeal in a civil case. Mistakes can be put right -> justice served
- favours wealthy parties, legal costs increase. Parties discouraged from appeals -> injustice continues

Question 2

+&- LEGAL AID

Answer 2

+ low income -> allows everyone legal representation system fair. “no win, no fee” arrangement
- reduced availability of legal aid due to Sentencing and Punishing of offenders Act 2012. Low income individual at disadvantage

Question 3

+&- JUDICIAL PRECEDENT

Answer 3

+ provides certainty, judges give reason for decisions. Legally binding, parties guaranteed resolution -> saves time and money
- uncertainty -> no guarantee win, stressful. Judges avoid precedent, overruling, distinguishing, disapproving -> give up time and money only to loss

Question 4

+&- FORMALITY

Answer 4

+ “day in court”. Fair decision, strict procedures. Judges = qualified for complex legal matters. Judges case manage and clear judgement
- cost of court may be more than amount being claimed and delays. Claimant needs lawyer, pre action protocol. Could ruin relationships

Question 5

What are the 4 A&D of civil courts

Answer 5

Appeals
Legal Aid
Judicial precedent
Formality