Summary
Summary P5 UNIT 23
- Institution
- Pearson (PEARSON)
Summary of 2 pages for the course Unit 23 - Aspects of the Legal System and Law-making Process at PEARSON (P5 UNIT 23)
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Courtney LowesUnit 23
P5
The role of the judges
Criminal Court
The criminal court has a confrontation system where the parties which were involved within
the case would run the cases they had and the judge would be in the court acting as a
referee. In the criminal court, the prosecution would need to try and prove the defendant
on hand is guilty of the crime that they are in the court for. The defendant would then need
to challenge the prosecution within the court and would defend their case by providing
anything they have which would be necessary to use against the case. Within the criminal
court, the judge’s role would be to ensure that the jury members in the court understood
the case, make them aware of the law and get them to be able to apply it to the evidence
that has been given. They would then have to find out if the jury finds the defendant to be
guilty or not and would then pass a sentence within reason.
Civil court
Judges are becoming much more active in Civil Court with handling the cases. If there is a
claim issued within the court then the judge will look at when they will be able to timetable
to claim so it will be passed onto the court. Judges will now also encourage the parties
involved with a case to look into alternative resolutions so that they could stop the case
from going to court if they could.
However if no resolutions are made then the claim would go into the court, the issue would
be made and the judge would have to ensure that litigation will be the only way that they
can deal with the claim. After the litigation has been carried out, the judge would have to
then decide on the evidence that they find more believable and then would apply the law to
the claim which was on hand. After they have applied the law they would then decide on
how to remedy the situation that they were dealing with.
The role of barristers
A lot of barrister’s would usually have the role of advocacy, nonetheless there are some
which would be dealing with company and tax law so they would not be within the court as
much. All barristers throughout England would have the right to the audience, they would
be doing paperwork on the opinions of the cases that they were doing which would then go
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