The English Legal System Flashcards
1
Q
What are the advantages of using the civil courts?
A
- The process is fair in that everyone is treated alike. The judge is impartial
- The trial is conducted by a legal expert with the decision being made by a judge who is an experienced and qualified lawyer
- Enforcement of the court’s decision is easier as any decision made by a court can enforced through the courts
- There is an appeal process with specific appeal routes from decisions made in the courts, so, if the claimant is not happy with the decision, it is usually possible to appeal against it
- It may be possible to get legal aid, although legal aid for civil cases has been considerably reduced
2
Q
What are the disadvantages of using civil courts?
A
- Cost
- Delay
- Complicated process
- Uncertainty
3
Q
Why is ‘cost’ a disadvantage of using the courts?
A
- The costs of taking a case to court are often more than the amount claimed
- In the High Court, the cost can be hundreds of thousands of pounds
- For smaller claims, the costs are often more than the amount claimed
4
Q
Why is ‘delay’ a disadvantage of using civil courts?
A
- There are many preliminary stages to go through that add to the length of a case
- Even after the case is set down for hearing at court there is still a long wait - usually about one year for larger claims before the case is heard in court
- The total of all this can mean that some cases are not finished for years
5
Q
Why is ‘complicated process’ a disadvantage of using the courts?
A
- There may be compulsory steps to be taken before a case is started in court. E.g. For certain types of cases, the parties must use set pre-action protocols and give the other party certain information
- When a case is started in court, there’re forms to be filled in and set procedures to follow (all set out in the Civil Procedure Rules)
- All of this makes it complicated for an ordinary person to take a case without legal advice and help
6
Q
Why is ‘uncertainty’ a disadvantage of using the courts?
A
- There is no guarantee of winning a case
- The person losing a case may have to pay the other side’s costs and this makes it difficult to know how much a case is going to cost in advance
- Delays in cases can also add to uncertainty and cost
7
Q
What are the advantages of using juries (jury trial)?
A
- Public confidence
- Jury equity
- Open system of justice
- Secrecy of the jury room
- Impartiality
8
Q
What are the disadvantages of using juries (jury trial)?
A
- Perverse decisions
- Secrecy
- Exceptions
- Jurors and the internet
- Bias
- Media influence
- Lack of understanding
- Fraud trials
- Jury tampering
- High acquittal rates
9
Q
Why is ‘public confidence’ an advantage of juries / a jury trial?
A
- Even though 12 strangers are asked to decide what may be complex and technical points with no legal training and previous training
- The jury system is considered to be a fundamental part of a democratic society
10
Q
Why is ‘Jury equity’ an advantage of juries / a jury trial?
A
- As they’re not legal experts they are not bound to follow the precedent of past cases and Acts of parliament
- They don’t have to give a reason for their verdict so it’s possible for them to decide their case on their idea of fairness e.g. Ponting’s case (1984)
11
Q
Why is ‘Open system of justice’ an advantage of juries / a jury trial?
A
- Use of juries is viewed as making the legal system more open
- Justice is seen to be done as members of the public are involved in a key role and the whole process is public
- Keeps the law clearer as points have to be explained to the jury, enabling the defendant to understand the case more easily
12
Q
Why is ‘secrecy of the jury room’ an advantage of juries / a jury trial?
A
- Jury is free from pressure in its discussion
- Protected from outside influences when deciding on the verdict
- Allows juries to make a verdict that may be unpopular with the public as well as allowing jurors the freedom to ignore the strict letter of law
- Has been suggested that people would be less willing to serve on a jury if they knew their discussions could be made public
13
Q
Why is ‘Impartiality’ an advantage of juries / a jury trial?
A
- Having 12 members with no direct interest in the case should cancel out any bias
14
Q
Why is ‘perverse decisions’ an disadvantage of juries / a jury trial?
A
- Could be argued that the refusal of the jury to convict might be seen as a fair decision. However, in some circumstances this type of decision can be seen as a perverse decision
- E.g. R v Randle and Pottle, R v Kronlid and others (1996)
15
Q
Why is ‘Secrecy’ an disadvantage of juries / a jury trial?
A
- No reason has to be given for the verdict, there is no way of knowing if the jury understood the case and came to the decision for the right reasons
- E.g. Mirza (2004)
- The two exceptions where the court will inquire into the conduct of the jury coming to its verdict: complete repudiation of oath e.g. Young (Stephen) (1995), extraneous material used e.g. Karakaya (2005)
