Focused revision questions 15 markers Flashcards
Explain how a claim is made in civil law.
10 marker)
- N1
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- Analyse and evaluate the impact of the Civil Procedure Rules 1998.
Intro-
FOR( had an major impact)
- The
Against( No impact)
Identify the different types of alternative dispute resolution.
ADR is known as an alternative way of resolving issues other than going to court which can be recommended using the civil procedural rules act 1988. There are many different types of ADR such as negotiation , mediation . conciliation , arbitration and the tribunals. Mediation is a peaceful way of resolving issues between parties which enables common ground to be found between two parties through a mediator. Conciliation is another method of adr which is similar to mediation however the conciliator plays a more active role than the mediator. On the other hand arbitration is a more formal and legally binding form of adr which is governed by the adr act 1996 where parties agree on a type of hearing ad decide how they would like to resolve the issue. Tribunals act as a specialised court for disputes in specialised areas for example employment dispute which include many different types. Negotiation is the last type of ADR that is used to resolve disputes through discussing , barging and coming to a conclusion.
Analyse and evaluate the advantages and disadvantages of the main methods of Alternative Dispute Resolution (ADR). 15 ,marker
Intro
ADV
Overall ADR is an easy , peaceful way of settling disputes which is clear when using methods such as mediation , negotiation, and conciliation. Especially with negotiation this is where disputes will be discussed through bargaining and coming to a joint conclusion with another person , this is completely free , its less time consuming and an informal way of resolving issues which make it much easier to rekindle relationship when finished. This is very similar to the method of mediation which has an informal nature therefore avoiding confrontation and making it easier to do business with each other in the future because it avoids the confrontational nature of the court room which also makes it a better option than other forms of
- Control- arbitration is the voluntary submission by both parties to dispute a judgment to some other person than a judge which is governed by the arbitration act 1996 . Arbitration is useful method of ADR because it allows the parties to have control over the resolution process as they can withdraw at any time and a resolution to the dispute cannot be imposed on them as they must agree to it this can be done by using the Scott v Avery clause. similarly conciliation involves a neutral party helping to resolve issues which is a bit more active than a mediator this is a great advantage because ..
- Some methods of ADR such as tribunals are cost effective and lack an element of formality. this is an advantages because parties that wish to pursue a claim in tribunals save money which has been an ongoing issue in the English legal system is the cost to take a case to court because of legal expenses however using tribunals parties are encouraged to represent themselves which is clearly more cost effective, similarly tribunals have a more informal tone which is common amongst methods of adr suggesting that adr is a useful method ?
DIS
- On the other hand , Tribunals have little to no legal funding and when taking on a big company’s representing yourself is not going to be fair or enough to successful win a case which suggests that some methods of ADR like tribunals disadvantage parties into taking cases to court because there is still worries of intimidation
- Lack of enforcement- Methods of ADR such as negotiation and mediation are not legally binding which means that agreements are not enforced which may cause issues between parties. This suggests that ADR does not particularly work specifically for business issues. Furthermore when using negotiation particularly with large companies there may be unequal barging power and this suggests that ADR may not be the fairest method when resolving issues.
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Critically evaluate the role of magistrates in the criminal justice system
- Intro- the main role of magistrates in the criminal justice system is to decide if a defendant is guilty or not. Magistartes are lay people who are not legally qualified judges ..
( For useful in the criminal justice system)
- In touch with society- magistrates have a role of keeping in touch with society they bridge the gap between judges and ordinary people which means that they effectivley represent society. Furthermore magistrates are more likely to be InTouch with the general public because they are required to live near the area of the court they serve, this indicates that they will have more of an idea surrounding the problems in that area. Thefore suggesting that the role of magistrates in the CJS is effective and useful as they have wider knowledge of the public and can relate to potential offenders more than middle class , case hardened judges are are more likely to provide that balance between the law and morality
- Representative- Most magistrates are representative and reflect the cross section of society ender is evenly represented, 53% of magistrates are female and 47% being male. Recent figures do show that the Magistracy is increasingly reflecting an increase in ethnic diversity.
- Few appeals - Appeals in the magistates are small suggesting that the magistates are effective in there role dispite being unqualified and a lack of legal quanifiactions. This shows that the role of the magsiattes in the cjs is just. For example In 2009 there were only 68 appeals from the Magistrates’ Courts on the by way of case stated to the Queen’s Bench Divisional Court of the High Court and of these only 44 were allowed.
Against ( not useful in the CJS)
- Not Qualified results in inconsistent sentencing. Magistrates are lay people( ordinary people)with little to no legal qualifications while they play a huge part in the criminal justice system suggesting that they should not have a role in questioning and deciding whether a person is guilty or innocent. This is because they cannot comprehend the complexity of the legal system which can result in sentencing issues and potential miscarriages of justice. Furthermore the lack of legal knowledge and expereince has lead to inconsistencies in the law specifically regarding sentencing issues for example the governments white paper justice for all 2001 clearly showed these inconsistencies ie 38% of burglars at Cardiff Magistrates’ Court received community sentences compared with 66% in Leicester. This demonstrates that the role of magistrates in the criminal justice system is not useful as they create inconsistencies in the law.
- Unrepresentative- the role of magistartes is to represent society however this is underminded when magistates reinforce that traditional, outdated image. Most magistates are middel aged between the ages of 45-65 and white mideel class men who are middle minded. This suggests that magisattes are unrepresenattive of society. This can be reinforced through the judicial stats 2011 which found that 4% are under 40 and half of all magistrates are in their 60’s clearly indicating that magistates are middle class people who can not relate to mosy offenders who are probably young and working class. Furthermore magisattes are not representative of the community they serve , in a deprived metropolitan area, 79% of the bench members were professionals or managers compared with only 20% of the local population. Overall 7% of magistrates come from an ethnic minority background compared to about 10% of the population in general from an ethnic minority backgro
- ## Bias- As Police Officers are frequent witnesses in the Magistrates court, they can become too familiar with the bench. Magistrates have been accused of automatically believing police evidence.
