Paper 1

Question 1

County court and high court jurisdiction - civil court structure and appeals

Question 2

Pre trial procedures - civil court structure and appeals

Question 3

Three tracks - civil court structure and appeals

Answer 3

-allocate the civil case depending on the value of the claim and to set a specific criteria to each tracks procedure
-small claims- less than £10000 (or £1000 personal injury) - small claims court
-fast track- between £10000 and £25000 and personal injuries up to £50000 - county court
-multi-track - claims not in fast or small - county court or high court

Question 4

Alternative dispute resolution

Answer 4

-methods of resolving disputes outside the traditional court system
-offers parties to resolve conflicts more, quickly, cheaply and with greater flexibility
Methods:
Mediation- settling dispute between yourself and ex partner, mediator wont take sides, used for family disputes, both parties need to pay
Arbitration - dispute is submitted by arbitrators, who make binding decision, make decisions based off evidence from the parties, decision is final without appeal
Conciliation- find solution between employer and employee, both have to agree, conciliator will offer opinions
Negotiation-most informal, any method outside court to settle conflict, cheap, process can be concluded quickly if parties are in broad agreement

Question 5

Advantages and disadvantages of alternative dispute resolution

Answer 5

+cost effective- cheaper than court litigation
+time saving- faster resolution
+flexibility- parties can tailor the process
+confidential and often private
-lack of legal precedent
-agreements may need court backing to be enforced
-imbalance of power- can affect outcomes

Question 6

Jurisdiction of the magistrates and crown courts

Question 7

Classification of offences

Answer 7

-summary offences:
-least serious
-always tried in magistrates court
-eg common assault, minor traffic offences and public order offences
-indictable offences:
-most serious offences
-tried in crown court by judge and jury
-eg murder,rape and robbery
-either-way offences:
-can be tried either in magistrates or crown court depending on the seriousness of the case and the choice of the defendant
-eg theft and actual bodily harm
Classification- determines the procedure for prosecution, the court that will hear the case and potential penalties

Question 8

Pretrial procedures

Answer 8

-refer to the steps taken before a criminal case reaches trial. These vary depending on the classification of the offence
-summary offences- defendant summoned to court
-either way- begin with plea hearing+decide if should be sent to crown court
-indictable initially appears in magistrates for preliminary hearing and case is then transferred to crown court for trial

Question 9

Appeals and appellate courts

Answer 9

• appellate court is the part of the judicial system responsible for hearing and reviewing appeals relating to legal cases that have been heard already in a trial or lower court
• if one party is dissatisfied with the decision of the trial judge about liability and/or the amount of compensation awarded, then they can appeal. Usually made within 21 days of original hearing. If appeal is made costs will increase as lawyers will be required to argue the reasons for the appeal.

Question 10

Sentencing and court powers- aims, factors and types of sentences

Answer 10

Types of sentencing:
-custodial, community, financial, discharge,other.
-aggravating and mitigating factors can make the crime more serious or reduce the sentence

Question 11

Lay magistrates and juries - qualifications, selection, appointment and their role in criminal cases

Answer 11

-jury selection - summoned for 2 week period

Question 12

The advantages and disadvantages of using juries in criminal cases

Answer 12

-advantages:
-fairness
-public confidence
-diverse perspectives
-protection against power
-disadvantages:
-challenge legal expertise
-potential bias
-inconsistency
-practical issues
-emotional decision making
-confidentiality

Question 13

Barristers, solicitors, and legal executives - role and the regulation of legal professions

Question 14

The judiciary- types and role in civil and criminal courts

Question 15

The separation of powers and the independence of the judiciary

Question 16

Evaluation of the judiciary including advantages and disadvantages of judicial independence

Question 17

Government funding for civil and criminal cases

Question 18

Private funding, conditional fees, other advice agencies

Question 19

Evaluation of access to justice

Answer 19

Done