discuss advantages and disadvantages of using civil courts Flashcards
APPEALS MADE IF UNSATISFIED
have a chance to achieve justice as mistakes made prior can be amended
LEGAL AID FOR LOW INCOME
everyone can be legally represented regardless of background making it fair
also so lawyers do a “no win no fee” policy
JUDICIAL PRECEDENCE ALLOWS CERTAINTY
judges must give reasons for decisions and lawyers are able to advice clients based on previous cases —> parties are guaranteed it will be resolved at the end
FORMALITY OF THE CASE
parties may want ‘their day in court’ to resolve matters in formal way —> trust that judges can reach a fair decision as judges are legal experts and qualified lawyers that can deal with complex matters —> also the strict procedure shows people that cases with be dealt with thoroughly
what are four advantages of using civil courts
1.) can appeal
2.) legal aid given
3.) judicial precedent allows certainty
4.) formality of the case
what are four disadvantages of using civil courts
1.) appeal process is unfair
2.) availability of legal representatives has been reduced
3.) uncertainty present and no guarantee for a win + judge’s decision
4.) cost may be more than what us being claimed
APPEAL PROCESS UNFAIR
favours the wealthy parties over regular citizens—> appeals can be expensive as they need to pay for legal representation —> discouraging people from actually claiming
AVAILABILITY OF LEGAL AID BEING REDUCED
since legal aid sentencing and punishing offenders act 2012—> unfair to those that are on low income as they have to represent themselves to save money —>no win no claim is for personal injuries only and lawyers may only apply it to cases they know will be a guaranteed win
UNCERTAINTY PRESENT —> NOT GUARANTEED A WIN AN UNCERTAIN OF JUDGES DECISION
if outcome of the cases was predictable then there would no be any appeals —> judges could overrule, distinguish and disapprove pervious cases
COAST MAY BE MORE THAN ACTUAL CLAIM
delays may follow and claimant may need to have some legal representatives due to requirements of pre-action protocols —> stressful and relationships may break down
what are 4 advantage of using civil courts
appeals can be made
legal aid given out
judicial precedent allows certainty
formality of cases
what are 4 disadvantages of using civil courts
appeal process are unfair
availability for legal aid had been reduced
uncertainty present —> no guarantee for winning
cost may be more than what is being claimed
