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Law
| Question | Answer |
|---|---|
| What is the role of a solicitor | Give legal advice Prepare documents Have legal rights to litigation meaning they can manage legal proceedings, file documents and communicate with the court |
| What are the disadvantages of negotiating | Imbalance of power - one party may dominate unfairly especially as there’s no 3rd party Not legally binding - if the resolution is not written down , it may not be enforceable Lacks legal guidance - without lawyers involved parties may make poor decisio |
| Define enforceable | A legal agreement or decision that can be upheld by a court and legally forced if one party doesn’t comply |
| What are the disadvantages of mediation | May not be legally binding - if resolution is not written down , cannot be enforced Imbalance of power - one party may dominate No guaranteed decision- parties may fail to reach an agreement |
| What are the advantages of mediation | Inexpensive- cheaper than court Faster - disputes can be settled faster than going through the courts with delays at times Confidential - more private than public court cases Preserves relationships - helpful in family cases and business disputes |
| What does TPPO mean | It is an acronym for the diffferent TYPES of cases in ADR , the PEOPLE involved , the PROCEDURE followed in the ADR and the OUTCOME of the forms of ADR |
| What is ADR | Alternative Dispute Resolution, it is used before the court stage to resolve civil disputes . |
| When it is allowed to “ leapfrog “ through the appeal routes | Only when the supreme courts give permission and only if it’s a matter of national importance or another compelling reason Set out in section 55 of access to Justice 1999 |
| What are the advantages of negotiation | Cheaper alternative to court - no legal fees involved unless parties wish Maintained control - Parties make the final decision Imformal - the parties choose the date and time Quick - can be resolved in a short time period without the delays of court |
| Outline the different types of ADR | Tribunals Mediation Negotiation |
| What is the role of a barrister | Draft court documents Advice write Write legal opinions Advocate in court |
| What are the 5 advantages of civil courts | Fair and impartial- the law is applied constantly and without discrimination + heard by experienced judges Appeal system available- if a party is dissatisfied with outcome there are clear routes Legal aid - an option for low income parties Enforceable |
| What are the key characteristics of county court | Tries at 1st instance Cases may be heard by the circuit or district judge Covers : tort , contract and recovery of land cases |
| Identity the different track allocation and their courts judges and valves | Small track - county court - district judge - up to £10,000 Fast track - county court - district or circuit judge - £10,000 and £ 25,000 Intermediate track - county court - circuit judge - £25,000 and £100,000 Multitrack- high court or county - circuit ju |
| When can a case be put in the multi track allocation when it is not valued £ 100,000 | .when it is over 3 days or with 2 or more witnesses |
| What is the kings division of the high court | |
| Outline the characteristics of a civil case | - dispute between two parties - case brought by the claimant - Aim : is to pay damages , or come to a mutual agreement - defendat is found liable or not liable |
| What are the disa of civ courts | - costly : legal fees can be high - slow process : cases can take months to resolve - stressful : the formal process can be intimidating |
| Outline the characteristics of a criminal case | |
| - case brought by the prosecution - Aim: punishment - defendant is found guilty or not guilty - standard of proof has to be high as the descion is impactful | |
| What are some examples of civil claims | Tort Contract Employment Family |
| What is the appeal route from the high court | High court to courts of appeal to Supreme Court |
| Explain what the literal rule is | Gives words their plain , ordinary and dictionary meaning even if it results in absurdity |
| Explain the golden rule | A modification of the literal rule - judges start by looking at the literal meaning but allows the court to avoid interpretation which would result in an absurdity or an unjust outcome |
| Explain the mischief rule | Courts would look to see what the law was before the Act was passed in order to discover the gap or mischief that the act was intended to cover |
| What are the 5 questions judges have to consider whilst using the mischief rule | What was the law before the statute What’s the wrong with the previous law How does parliament intend to correct it How does the statute apply in context to the case |
| Explain the purposive approach | The modern day version of the mischief rule The court is not just looking to see what the gap / defect was in the old law , the judges decide what they think the previous law was trying to achieve |
| Identify 2 advantages of the literal rule | 1.judges respect parliamentary supremacy 2.makes laws certain and consistent- no disparity |
| What are the disadvantages of the literal rule | 1. Can lead to an absurd decision eg whitely v Chappell 2. Can lead to unjust decisions eg lner v berriman |
| What are 2 advantages of the golden rule | Prevents the problems caused by the literal rule eg . Absurdity and unjust Allows the judge to choose the most Sensible meaning |
| What are the disadvantages of the golden rule | Unconstitutional - may give judges too much power An absurdity may mean different things to different judges |
| What are the advantages of the mischief rule | Promotes the intention of parliament Leads to fairer outcomes in some cases |
| What are the disadvantages of the mischief rule | Less certain and predictable than the literal rule Can lead to judicial law making ( undemocratic ) |
| What are the advantages of the purposive approach | Helps achieve just outcomes even if words are ambiguous Allows the law to be applied flexibly and modernly |
| What are the disadvantages of the purposive approach | Judges may ignore the actual wording of the statute Risk of judicial overreach |
Created by:
Studyykay