BTEC Business Level 3: Unit 23 The English Legal System Assignment 1. Distinction criteria met. This Assignment is very well structured with easy to read subheadings and appropriate images. Using this Assignment as your template will ensure you attain Distinction. Please read the criteria carefull...
Qualification: Pearson BTEC Level 3 National Extended Diploma in Business
Unit Number and Title: Unit 23: The English Legal System – Assignment 1
Learning Aim: A: Examine the jurisdiction of the courts in contributing to case outcomes
Assignment Title: The role of the “courts” in contributing to case outcomes
Introduction
This report contains number of Facts Sheets in order to demonstrate a clear understanding
of the jurisdiction of Criminal and Civil Courts. Therefore, the report provides different case
outcome variants while using appropriate case references and research case examples to
justify understanding of knowledge.
Cases Used:
Case 1: James (19), Casper (16) and Pete (19) have been involved in a confrontation. Pete
has been carrying a knife and has stabbed a male whose name was Brian. Casper then
managed to steal large cans from a shop which was nearby while James fled away. James,
Casper and Pete were later arrested.
Case 2: Mary fell over some equipment which Bill left lying around while not attending to
work for few months. Bill was contracted by Mary due to lack of job responsibility which led
Mary to pay extra money in order to fix the issue which Bill caused.
Case 3: Saif and Jane just separated, and Jane wants a divorce which Saif is not agreeing on.
A.P1: Using case examples, accurately apply and explain the jurisdiction of civil courts
Civil Law aims to cover various areas such as family matters, negligence, contracts, land law
and also employment probate. The main aim for Civil law is to be protecting the rights of
citizens. Especially their private rights. A great example of this can be an injury to an
individual or third part. However, the outcome which comes with civil law will be minor
consequences such as community service, fine payment or repair redoing etc.
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,Purpose of Civil Laws and Punishments
Civil laws solves the disagreements between organisations or individuals. Civil cases are
normally filled up by the private associations. Punishments are all dependent on the case
which means it can vary. An example can be. Compensations will be given out for any
damages or even injuries to property. The remedies for Civil are sanctions and procedures
that will be regulating and punish criminal issues.
Cases within the Court
When it comes to taking the case to the court, the individual who is making the complaint
will be responsible for taking the case to the court and getting a decision.
Parties for an Action
When the case is taken to the court, there are two parties. There is a prosecution state
which is accused and is claimed guilty and then the defence argue that the accused is
innocent. The two parties for civil law cases are known as the claimant which is the
individual who is making the certain complaint and also the defendant who will be arguing
that it is not their fault. However, there are few civil law parties which include plaintiff,
petitioner, cross complaint, cross defendant, defendant, respondent. The individual who
appears within the case only as a witness will not be considered a party.
Standard of Proof
Civil Cases are defined as balance of probabilities. This is very important as the judge in a
Civil Case will be needing to make a decision which makes sure that the over 50% are
confident that the defendant is at fault.
Case Naming and Current Cases
Civil Cases refer to the defendants and the claimants name known by their surnames. For
example, McGrath vs Whitehall.
Terminology
The terminology, which is usually used for Civil Cases include sue, remedies, not liable,
liable, testimony, issue, allegation and continuance.
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, Courts
When there isn’t an agreement settled out of court within a Civil Case, a trail will be taking
place within High Court or County Court.
Civil Courts and the Appeal Routes
As mentioned before, the civil cases are disputed between the organisation and the
individuals. Some of the claims that can be taken into Civil courts are injuries, road traffic
incidents, work related injuries, damage etc. Here is the flow of Civil Courts:
Hierarchy of the Civil Courts within England
The Supreme Court of UK
Court of Appeal
High Court
Chancery Division
Country Courts
Tribunals
The Types of Civil Issues
There are different types of issues and areas that the Civil Courts allocates with. The types of
issues that usually appear are tort, land and family law, contract issue, insolvency etc. Civil
courts focuses more on the disputed taken place between the organisations and also the
individuals.
Case Allocation
A Civil Case can also be able to give to the High Court or County Court which is all dependent
on how complex the case is and also the level of financials of the case. An example of this is
the cases which involve £25,000 or even under can undergo to the County Court.
Liability and Potential Consequences
Before the case is fully taken within court, the parties must ensure they try settling the
dispute outside court by using negations. However, when they do not reach an agreement
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