Discuss Advatages And Disadvantages Of Using The Civil Courts Flashcards
What is a first advantage of an appeal in civil cases?
An appeal can be made by a party if they are unhappy with a decision, allowing mistakes to be corrected and increasing fairness.
What is a disadvantage of the appeal process?
The appeal process is unfair as it favours wealthy parties, such as businesses, over individuals.
This can discourage parties from raising appeals, leading to continued injustices.
What is a second advantage of legal aid in civil cases?
Legal aid is available for those on low incomes, allowing everyone to be legally represented regardless of wealth.
What is a disadvantage of legal aid availability?
The availability of legal aid has been reduced since the Legal Aid Sentencing and Punishing of Offenders Act 2012, disadvantaging low-income individuals against wealthy parties.
‘No win, no fee’ arrangements are only available in personal injury claims and depend on the lawyer’s assessment of success.
What is a third advantage of judicial precedent in civil law?
Judicial precedent provides certainty as judges must give reasons for their decisions, allowing lawyers to advise clients with confidence.
What is a disadvantage of judicial precedent?
There is no guarantee of winning a case, and the uncertainty of the judge’s decision can be stressful for parties.
Judges can avoid following precedent, leading to potential loss despite time and money spent.
What is a fourth advantage of the formality of a civil case?
A party may want their ‘day in court’ to resolve matters formally, with trust in the judge to reach a fair decision.
What are judges?
Judges are experienced, qualified lawyers who can deal with complex legal matters.
What is one of the roles of judges in court cases?
Judges case manage to minimise delays and give a clear, reasoned judgement.
What does a binding decision from a judge guarantee?
A binding decision guarantees a remedy.
What is a disadvantage of taking a case to court?
The cost of taking a case to court may be more than the amount being claimed.
What is a problem related to the duration of court cases?
Cases can continue for many months, even years.
Why is it difficult for a claimant to take a case without a lawyer?
Due to requirements of pre-action protocols.
What is a characteristic of the adversarial nature of court cases?
It produces winners and losers, which can be stressful and ruin relationships forever.
