Saturday, May 22, 2010

(c) The Civil Procedure Act 1997 introduced a new system for dealing with civil cases based on each?

(c) The Civil Procedure Act 1997 introduced a new system for dealing with civil cases based on each


case being allocated to the appropriate track. Explain what is meant by the following:


(i) the Small Claims Track;


(ii) the Fast Track. (3 marks)


(d) (i) Choose one of the various methods of ADR mentioned in the article above. Explain how,


and in what circumstances, this method of dispute resolution might be used. (3 marks)


(ii) Briefly comment on the advantages of individuals using ADR. (3 marks)


(e) Explain two differences between the operation of the Magistrates’ Court and the Crown Court.


(4 marks)


(f) Describe in outline how lay magistrates are appointed. (3 marks)


(g) Describe how jurors qualify and are selected for jury service. (4 marks)


(h) Comment on how well either lay magistrates or jurors carry out their role within the criminal


justice system.

(c) The Civil Procedure Act 1997 introduced a new system for dealing with civil cases based on each?
Small claims is a claim that is worth less than £5000. That includes a potential claim for personal injury which must be less than £1000. These are to be heard in the county court by a district judge or lower.





Fast track is a claim that is worth £5000 - £15000 and/ or a personal injury claim worth more than £1000. Heard in County Court by Circuit judge or lower.





I dont have the article above so ill move on





ADV. - Quicker, cheaper, less cases go to court, can hire experts as judges, more convenient (can be held anywhere at anytime), better at dealing with sensitive subject matter.





DISADV.- Unless both parties agree to be bound by the decision, the decision isnt binding. Obviously meaning the parties can ignore it which would make it a waste of time.





Mag court has lay magistrates or a stipendiary magistrate (old term, cant remember the new term) CC has trial by jury and a Judge.


Mag court has more varied jurisdiction. It can grant bail, grant licenses, act as a youth court etc whilst the CC is soley trials.





Interview by the magistrates -%26gt; Second Interview by Magistrates -%26gt; Recommendation made to Lord Chancellor (now the DCA) -%26gt; DCA appoint mag on behalf of the queen.





Sorry buddy, im not doing the last 2 because ive run out of time! Got ot get ready for work. Maybe you should try those yourself? You may find it more beneficial that way.
Reply:You are presenting questions from a law paper.


These are not your questions, and it seems to me that you are simply trying to get other people to answer the questions for you.


You will learn nothing unless you make the effort yourself to understand what you need to learn.


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