Civil courts pros/cons Flashcards
(8 cards)
advantage: certainty
rules of evidence are clear and procedures are formal, judicial precedent applies so many disputes can be resolved before reaching courts as the outcomes are clear
= cases treated in similar matter- already know outcome
Advantage: legal knowledge
judge oversees, has knowledge and experience to deal with complex legal matters, give reasoned decisions, can allocate cases to correct track
advantage: formality and history
promote respect for law, open system for justice, allows public to be aware of cases and industries if they pose problems.
Allows for cases to be allocated early to correct track
advantage: enforcement
courts have greater power to enforce decisions
better to go through courts than ADR, get the job done and don’t cause a backlog or deescalate the situation
disadvantage: costs
- one of the biggest problems
- cost can be more than claim, woolf claimed for £2000 and payed £70,000
- lawyers fees are expensive and appeals add to cost
- will need insurance
- discourages people as some dont have the money
disadvantage: lack of privacy
- courts are open to public and press eg Jonny Depp and amber herd was in civil court- open to public
some disputes would better be solved privately eg family matters
disadvantage: delays
-time of incident to starting trial is way to long eg rapist still walking free- damage to victim
-average waiting time for claim in 2023 was 55 weeks
- the longer the case the more expensive they become , witnesses forget details and victims give up
-lack of funding and legal aid add to delay people represent themselves which slows
process
disadvantage : unequal bargaining options
- large companies eg McDonalds or Tesco against an individual is unfair
- big companies have their own legal team who are used to defending these claims
-individuals have an emotional involvement while big companies want an out of court settlement - personal injury claims only 300 out of 9000 make it to court
