Civil Courts, Juries, Judicary (Q1-12 Marker)

Question 1

Advantages of civil courts?

Answer 1

• Process is fair (everyone treated the alike)
• Trial is conducted by experts
• decisions are enforced
• appeal process

Question 2

Disadvantages of civil court?

Answer 2

• Cost
• Delay
• Complicated process
• Uncertainty

Question 3

How is cost a disadvantage of civil courts?

Answer 3

• The cost to go to court are normally higher than the amount claimed for
• the larger the claim the higher the cost

Question 4

How is Delay a disadvantage in the courts?

Answer 4

There’s many preliminary stages to go through plus even after the case is set, the hearing isn’t until a year later

Question 5

How is complicated process a disadvantage for civil courts?

Answer 5

Many steps have to be taken before a case starts and can be confusing to an ordinary person without legal advice and help

Question 6

How is uncertainty a disadvantage for the civil courts?

Answer 6

The lack of guarantee of winning plus the chance of paying the other sides costs if you lose make it difficult to know how much the case will cost in advance making people wary of using the courts

Question 7

What are the advantages of jury trial?

Answer 7

-Public confidence
- Jury equity
- Open system of Justice
- Secrecy of the jury room
- impartiality

Question 8

What are the disadvantages of jury trial?

Answer 8

• Perverse decisions
• Secrecy
• Racial bias
• Media influence
• Lack of understanding

Question 9

How is Public confidence an advantage of the Jury?

Answer 9

The public see the jury as a fundamental part of society as it allows people to be judged by their peers and so people have high confidence in the impartiality and fairness of a jury trial

Question 10

How is jury equity an advantage of the jury?

Answer 10

Since jurors aren’t legal experts they don’t have to give reasons for their verdict and can decide cases purely on their idea of fairness. Seen in pontings case

Question 11

How is an open system of justice an advantage of the jury?

Answer 11

Justice is done by members of the public in a key role of the process. Keeps law clearer as points have to be explained to the jury

Question 12

How is Secrecy of the jury room an advantage of the jury?

Answer 12

Means the jury is free from pressure in its discussion from the outside public allowing them to come to a decision they believe is fair rather than what the public want

Question 13

How is perverse decisions a disadvantage of jury trial?

Answer 13

Perverse decisions are when the jury ignore the evidence and give a wrong decision which can create unfairness in the court as seen in R v Randle and Pottle

Question 14

How is secrecy a disadvantage of jury trial?

Answer 14

There’s no way of knowing if the jury understood the case and came to the decision for the right reasons

Question 15

How is racial bias a disadvantage of jury trial?

Answer 15

Prejudices can effect the verdict as people may choose to put someone to prison purely of their opinion in a group of people rather than the facts of the case

Question 16

How is media influence a disadvantage of jury trial?

Answer 16

Media coverage can push an agenda on a case which could influence the jury ,especially in high profile cases where these been a lot of publicity around them.

Question 17

How is a lack of understanding a disadvantage of jury trial?

Answer 17

In a test they found out only 31% of jurors had understood the directions of the case fully. This is a disadvantage as it means people on the jury’s opinion isn’t valid