Summary
Summary Unit 23 - English Legal System Full Assignment
- Institution
- PEARSON (PEARSON)
Unit 23 - English Legal System Full Assignment
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P1 and P2Supreme Court
They are the final court of appeal, they play an important role in the development of the United Kingdom laws. It deals
with the Civils and Criminal cases from England, Wales and Northern Ireland, this involves litigation by arguing the case
in the court.
Court of Appeal
Civil Division
Disputes between individuals, usually result in monetary resolution or an order to do something this includes: Divorce,
child custody, personal injury, contract disputes along with the law of contract which is a legal agreement between the
business and the customer. The types of law that is put in place is the private and public law for sorting out disputes
between individuals and business along with the government applying laws that has an affect on everyone. Another law
that is put in place is the tort law which deals things such as negligence and nuisances.
Criminal Division
These are offences against the state. Prosecutions are by the state – typically in the form imprisonment or monetary
resolution.
High Court
Is a court of first instance for trials involving specific areas of law and rules or claims over £15,000 which is
compensation for the claimant from the defendant as the claimant has accused the defendant for something they have
done wrong (£50,000 for personal injury claims). There are 3 types of division: Queens Bench Division, Chancery Division
and Family Division.
Crown Court County Courts
Deals with serious criminal cases such as a fatal Local courts and are approximately 300
offence by committing a death or not, this affects the around the country. Deals with most divorce
law and morality as it is illegal and morally wrong to cases and cases that are less than £15,000
do so. Along with trying indictable offences which (less than £50,000 for personal injury).
can be an indictable case as well. This also means
that the person who made the offence will be liable
for it.
Magistrates Court Tribunal
Deals with criminal cases, yet it some civil jurisdiction These are the specialist judicial bodies which
over family matters. Can approve care orders and decide the disputes in a particular area of law.
adoption orders for children and make provisions for
the break-up of a marriage.
,M1
Case 1
James (19), Caspar (16) and Pete (19) were involved in a confrontation on a Saturday night with a
rival group of football supporters. Pete was carrying a knife in his belt and in the fight that broke out,
he stabbed Brian in the chest. As soon as the fight broke out, Caspar ran away and went to a nearby
shop, where he stole a pack of lager cans. James however was involved in the fight, running off only
after the stabbing. Brian collapsed from the stab wound, and alter died. All three men have been
arrested and charged.
From this it looked like the three of them were going to have a night out together and then crossed
over the rivals fans, James was involved in the fight however he didn’t have any types of weapons
during the fight. This will go to the magistrates court as he has committed a criminal activity and
links to being a criminal and an indictable case as it led to Brian being murdered. James will be liable
for being involved in the fight. Caspar was not involved but was caught in stealing a pack of lager
cans from a store. This will also go to the magistrates court as he committed a criminal activity and
links to a criminal and indictable case as he was involved in the confrontation at the start. Caspar will
be liable for stealing lager cans from a store. For Caspar he can put a litigation as in argue a case in
court or appeal the case and this lead to the case taken to the higher court. Pete was the person
involved mainly in the fight and the confrontation as he used a knife as a weapon in which he
stabbed Brian in the chest and eventually passed away. This will go to the crown court as this is
dealing with a serious criminal case by such a fatal offence. Pete will be the person liable for Brian’s
death as he stabbed him in the chest.
Case 2
Mary has contacted Bill, a builder to build an extension on her house. The quote for the work is
£35,000 and Mary has accepted this and Bill has commenced the work. During the time the
extension is being built, Bill left a chainsaw out in a corridor, and Mary tripped over it, badly cutting
her leg, which has caused hr health problems and meant she was off work for several months. Once
the work was finished, Mary discovered that Bill has not connected the new en-suite bathroom to
the main drainage system, and the resulting damage required a lot of remedial work which will cost
£8,000.
From this Mary got in contact with Bill to build an extension on her house. What has happened is
that Bill left his chainsaw on the corridor and Mary tripped over it and it led to her badly cutting her
leg. This will go to the Tribunal courts for both perspectives as they have the specialist bodies which
will decide the disputes between both perspectives. Mary will want Bill pay some compensation for
the incident he caused for Mary along with not completing the work for the house properly. Mary
can any mitigating factors as in the use of evidence of the incident happening by having pictures and
videos as the proof and can bring an attorney general that will provide legal advice and support to
the government. However, it can be a miscarriage of justice where from Bill could be innocent by
saying that he didn’t mean to put the chainsaw at the corridor or he could have put the chainsaw
there cause he expected Mary to go through that corridor. Bill can put in a litigation by arguing a
case in the court as to why he is not at fault. This can be a tort law as to how she could have tripped
over the chainsaw by purpose.
, Case 3
Jane and Saif have recently been separated. Jane wants a divorce, but Saif does not want a divorce.
From this, it didn’t work out between both Jane and Saif as this led to both of them being separated,
and Jane wants a divorce but Saif doesn’t want a divorce. This will go to the Alternative Dispute
Resolution as this is the procedure for settling disputes without litigation such as negotiation or
mediation, this also includes high profile labour disputes, divorce actions and personal injury claims.
Both Jane and Saif will be liable for their own actions which led to their separation along with the
divorce as well.
Difference between Civil and Criminal Courts
The difference between the Civil court and the Criminal court is that the civil court deals with
disputes between individuals, usually result in monetary resolution or an order to do something, this
is such as divorce, child custody and personal injury. Criminal courts however deals with offences
that against the state, these offences are murder, rape, robbery and motoring offences.
How Effective is ADR?
Introduction
In this part of the assignment I will identify if ADR is very effective for anyone and how it is very
different to other courts by talking about the advantages and disadvantages of the use of ADR.
Tribunals – It is a special court that is designated to deal with certain types of problems and
disputes.
Arbitration – This is when a person who is called an Arbitrator that will settle the dispute.
Mediation – This is when a third party comes in to help others to reach an agreement in something
such as solving a dispute.
Conciliation – This is an Alternative Dispute Resolution where the parties who meets the other
parties to be able to resolve the dispute, it is very similar to mediation.
Negotiation – This is a discussion will be made in order to resolve the dispute.
Advantages and Disadvantages of using ADR
The advantages of using ADR is that you have the ability to choose your own arbitrator or your own
mediator. Another reason it is beneficial to use ADR is that the process of it is very quick and easy,
therefore it is less time consuming along with less stress about the situation. The cost of ADR is very
cheap compared to other court systems. Another benefit of ADR is that if both parties can agree on
the final decision made. Another benefit of ADR is that
The risks of ADR is that there cannot be any guarantee of a resolution, this means that the problem
will not be solved properly. Another risk of ADR is that it is not suitable or appropriate for all cases.
Also, there is limits on arbitration awards along with their decisions being the final decision. Another
risk of ADR is that there is a lack of legal expertise meaning there is less people qualified to carry out
the dispute. Another risk of ADR is that the final decisions that are not made by the court will be very
difficult to enforce and could lead to a court case being bought in.
https://albrightstoddard.com/advantages-disadvantages-adr/
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