Unit 2 SAC 2

Question 1

Mediation definition

Answer 1

Is a co-operative Method of resolving disputes, it is a joint problem solving process in which the parties in dispute sit and discuss the issue they disagree on.

Question 2

Tribunal definition

Answer 2

Dispute resolution bodies that obtain their power to resolve certain types of disputes from parliament. parliament will also pass a status to tribunals to have the authority to punish

Question 3

Complaint body definition

Answer 3

An organization established by parliament to resolve formal grievances (i.e complaints) made by an individual about the conduct of another party

Question 4

3 strength’s of tribunals, ombudsmen and complaint bodies in relation to the justice principles

Answer 4

• Increases access to justice by providing alternative methods
• The informality of the processes enables parties to feel more at ease, thus upholding equality
• The dispute resolution bodies are often specialized in a particular industry or area of law, thus increasing fairness

Question 5

3 weaknesses in relation to tribunals ombudsmen and complaint bodies in relation to the justice principles

Answer 5

• Given the large number of resolution bodies some members of the public may find it difficult to find the right service
• Cannot create binding procedures

-Not all bodies are available for everybody such as complaint bodies and ombudsmen

Question 6

Strengths of mediation

Answer 6

• Matters can be discussed confidentially
• Far less confrontational
• less formal

Question 7

Weaknesses of mediation

Answer 7

• Not legally binding
• mediators have no power to order parties to come to a decision
• both parties must be willing to participate

Question 8

Strengths of the jury in relation to justice principle

Answer 8

• ensures fairness by requiring the jury to deliberate purely on evidence
• Juros are impartial and independent
• Juros are selected at random

Question 9

Weaknesses of the jury system in relation to the justice principle

Answer 9

• Juros may have biases that may play a role in their deliberation, even if they arn’t aware of those biases
• Jury trial may have some delays due to legal terms being explained
• Civil jurys can be inconsistent in the assessment of damages

Question 10

Purposes of remedy’s

Answer 10

Is to restore (as much as possible) the party who has suffred loss of injury to the position they were in before the loss or injury occurred

Question 11

2 main types of remedy’s

Answer 11

1. Damages
2. Injunctions

Question 12

Purposes of damages/ definition

Answer 12

The amount of money to be paid by the defendant to the plaintiff, in satisfaction of a claim made by the plaintiff. Main purpose is to compensate plaintiff for losses they have suffered

Question 13

Purposes of injunctions

Answer 13

Civil remedy where the court makes an order for the defendant to undertake an action or do something in attempt restore the plaintiff to the position they were in

Question 14

Injunction definition

Answer 14

A court order that stops the defendant’s action or forces the defendant to act upon something

Question 15

2 types of Injunctions and there definitions

Answer 15

1. Restrictive- A court order that stops the defendant in couniting to cause damage to the plaintiff
2. Mandatory- A court order that compels the defendant to do something to help restore the plaintiff to their original state

Question 16

Strengths of Courts as resolution bodies

Answer 16

• The court hierarchy allows for a party to appeal the case
• Judges are impartial who make decisions based on fact and law not bias
• Parties are encouraged to attain mediation and enter a out of court settlement before the trial starts

Question 17

Weaknesses of the courts as resolution bodies

Answer 17

• The right to appeal is not automatic in many cases- e.g court of appeal needs to give permission for a party to appeal
• Some courts have been slow to embrace tech therefore limiting some people access to justice particularly people in rural areas
• Court is expensive and some cannot aford it therefore not equal

Question 18

How can the court determine liability

Answer 18

The way that court can determine libility is by considering the evidence that is presented to court. They then determine if the defendant was liable and to what extent they are liable, the defendant can then counter claim and if the judge/jury also needs to determine whether the plaintiff is now liable