The Court System and Alternative Dispute Resolution

Question 1

Magistrates Court

Answer 1

Heard by 3 magistrates
Magistrates determine guilt of defendant and sentence
Criminal trials takes place here

Question 2

Crown Court

Answer 2

Head before judge and jury
Jury determine guilt
Judge determines sentence
Criminal trials take place here

Question 3

Court where civil appeals are usually heard

Answer 3

High court
Court of appeal
Supreme Court

Question 4

Abritration

Answer 4

Parties bring dispute before arbitrator who has specialist knowledge on area of dispute
Parties can make own agreement on aspects of arbitration
Proceedings are in private

Question 5

Mediation

Answer 5

Third party is used between two disputing parties to communicate and negotiate
Focus on working out an agreement to settle
Conciliation - Gives mediator power to suggest grounds for compromise and a possible basis for agreement

Question 6

Tribunal

Answer 6

They hear evidence from witnesses but decide the case themselves. Tribunals have limited powers

Question 7

4 interpretations of rules used by judges

Answer 7

1. Literal rule
2. Golden rule - producing least absurd result
3. Mischief rule - considering the mischief or defect that the law was passed to remedy
4. Ejusdem generis rule - interpreting general words by following particular words