LAW P1 ELS (the legal system)

Question 1

What do the civil courts deal with?

Answer 1

The civil courts deal with non-criminal matters, such as contract, tort, and human rights issues.

They are designed to deal with disputes between individual citizens and/or organisations.

Question 2

What are some examples of disputes dealt with by civil courts?

Answer 2

Examples of disputes include disagreements arising under contract, family, or employment law

Question 3

What are the 2 key civil courts of first instance?

Answer 3

• The county court
• The high court, for more complex and substantial cases

Question 4

Why was there the reform of the civil justice system?

Answer 4

• Following historic public criticisms of the civil justice system, lord wolf’s report, access to justice, suggested major reforms to the civil justice system
• These reforms had an overriding objective to enable the civil courts to deal with cases in a more ‘just’ way than they had been histroically.

Question 5

What did the reforms include?

Answer 5

• Allowing individual judges greater autonomy in the handing of case management
• Introducing a track system in the county courts, to put claims in a hierarchical order depending upon the value of the claim
• Encouraging other forms of dispute resolution, including alternative dispute resolution (ADR)

Question 6

What are the different tracks for claims in civil courts?

Answer 6

• small claims track for straightforward claims of not more than £10,000 excluding personal injury
• Fast track for claims between £10,000 and £25,000
• Multi track for claims over £25,000 and not more than £50,0000
• High court for more complex claims over £50,000

Question 7

How can a party appeal if they are dissatisfied with the decision made by the judge?

Answer 7

• A first appeal from a decision of the small claims court of the fast track is heard by a next level judge
• It is possible for a second appeal from the decision of a circuit judge or high court judge to the court of appeal, but this would be in exceptional circumstances and only with the court of appeals permission
• An appeal from a decision of the multi-track whether heard by a district judge, is to the court of appeal
• An appeal from the high court is to the court of appeal, or on rare occasion to the supreme court
• It is possible for a further appeal from the court of appeal to the supreme court but only if either court gives permission
• A final appeal is possible for a case to be referred to the European court of justice, if a point of EU law is involved

Question 8

What are the 2 other forms of dispute resolution?

Answer 8

• Tribunals
• ADR – negotiation and mediation

Question 9

What are tribunals?

Answer 9

Tribunals were established to deal with a wide variety of specific areas of social and welfare legislation which impact everyday life.

for example, school exclusions, immigration issues, or employment rights

Question 10

What is ADR (negotiation)

Answer 10

The most basic form of ADR, where an individual attempts to resolve the issue directly, privately, and possibly face to face with the other party

Question 11

What are the advantages of negotiation over litigation?

Answer 11

Potentially the quickest, cheapest, most informal way of settling a dispute between two parties, as no court or lawyers are involved

Question 12

What are the disadvantages of negotiation compared to litigation?

Answer 12

requires confrontation with the other party, if the dispute is not settled the case may go to the court which will involve costs

Question 13

What are examples of negotations?

Answer 13

noise caused by neighbours, returning faulty goods to a shop, receiving poor service from a tradesperson

Question 14

What is mediation?

Answer 14

Slightly more formal than negotiation, but still a relatively informal method of dispute resolution

a neutral third part mediator attempts to resolve the issue with both parties, without giving their opinion

Question 15

What are the advantages of mediation over litigation?

Answer 15

the parties are in control of proceedings and decisions, based on common sense rather than decisive legal rules

Question 16

What are the disadvantages of mediation over litigation?

Answer 16

will only work if both parties agree and cooperate, many decisions may not ultimately be binding on both parties

Question 17

What are some examples of mediation?

Answer 17

businesses negotiating contracts, marriage guidance to avoid separation or divorce