Adv. & Diasdv. of using civil courts. (12 marks)

Question 1

Advantage / Disadvantage #1

Answer 1

• (A) Appeal can be made by a party if they are unhappy with a decision in a civil case. Allows for justice to be achieved.
• (D) Appeal process can be unfair, favours wealthy parties like businesses. Legal costs increase, discourages appeals.

Question 2

Advantage / Disadvantage #2

Answer 2

• (A) Legal aid available to those on low income. Everyone is represented regardless of wealth, makes fairness. “No win, No fee” agreements may have available.
• (D) - Legal Aid Sentencing and Punishing of Offenders Act 2012 has limited legal aid. Unfair as prevents low income parties to have a shot against businesses. “No win, No fee” only available in personal injury claims.

Question 3

Advantage / Disadvantage #3

Answer 3

• (A) Judicial precedent provides certainty. Judges give reasons and lawyers can advise clients well. Legally binding decision , parties guaranteed a resolution.
• (D) Uncertainty is present, no win guarantee. If outcome was predictable, no appeals. Judges can overrule decisions. Time and money spent to lose case.

Question 4

Advantage / Disadvantage #4

Answer 4

• (A) Formality of civil cases. Party wants “day in court” to find resolution. Trust put in judges to resolve matters. Judges are experienced and gives guaranteed remedy.
• (D) Cost of taking case to court may be more than money earned. Many delays in court system and there is pre action protocols. Stressful and can ruin relationships.