Evaluations

Question 1

What are the strengths for juries?

Answer 1

😀Jury equity (R v Ponting)
😀Representative of public
😀Secrecy of judge room
😀Impartiality (not connected to anyone, serve 2 weeks not case hardened)

Question 2

What are the weaknesses for juries?

Answer 2

🥲Perverse verdicts (R v Kronlid)
🥲Secrecy (can’t tell if they understand case)
🥲Secrecy - exceptions (R v Young)
🥲Not representative of public (mentally ill)
🥲Media influence

Question 3

What are evaluations of Judiciary?

Answer 3

😀Creation of Judicial Appointments Committee (ensured selection is transparent), previously judges selected PM and Lord Chancellor
😀Reform of HofL and creation of Supreme Court = more independent (Law Lords were HofL and Legislature)
😀S.3 Constitutional Reform Act 2005 forbids interference of Ministers judicial decisions
😀When Judges have judicial review, government have to accept if they decide it is unlawful (R v Prime Minister 2019)

Question 4

What are the strengths of using civil courts?

Answer 4

😀Conducted by legal expert, decision made by experienced qualified lawyer
😀Enforcement of decision easier as any decision made by court enforced through courts
😀Fair, judge is impartial
😀Possibility of legal aid, though small

Question 5

What are the weaknesses of using civil courts?

Answer 5

🥲Preliminary stages add length, case not finished years
🥲Cost of going court often more than claimed
🥲No guarantee of winnings, loser may have to pay other sides costs, estimating costs difficult
🥲Complex for ordinary person

Question 6

What are the strengths of ADR?

Answer 6

😀Cheaper than taking to court
😀Parties remain in control (except arbitration)
😀Agreements, people still can work together
😀Speed, faster

Question 7

What are the weaknesses of ADR?

Answer 7

🥲No guarantee of resolution
🥲Settlements considerably lower than if party gone to court, could have won much more in court, other than arbitration not legally binding or enforceable
🥲Bullying, Individual intimidated by company, end up settling for less
🥲Can still be expensive (multiple professionals expensive)

Question 8

What are the strengths of tribunals?

Answer 8

😀Cheap - applicatns repr esent selves
😀Quick
😀Informal - private
😀Expertise, non-law specialists hear case

Question 9

What are weaknesses of tribunals?

Answer 9

🥲Formal, more than ADR
🥲Delay, large delay
🥲Lack of funding, legal aid likely not available

Question 9

What are weaknesses of tribunals?

Answer 9

🥲Formal, more than ADR
🥲Delay, large delay
🥲Lack of funding, legal aid likely not available