Discuss Advantages & Disadvantages Of Using The Civil Courts (12) Flashcards
What is the CIVIL COURT?
The civil court is a court that deals with non-criminal legal problems, usually disagreements between people, businesses, or organizations.
If someone sues another person for money, property, contracts, etc. it goes to a civil court.
What are the 4 ADVANTAGE of using CIVIL COURTS?
- APPEAL
- LEGAL AID
- JUDICIAL PRECEDENT
- FORMALITY
How is APPEAL an ADVANTAGE
Appeal can be made by a party if they are unhappy with a decisions ensuring justice.
How is LEGAL AID an ADVANTAGE?
Legal aid for those on low income. Meaning financial help for legal support, so everyone has a fair chance to get justice, even if they don’t have money.
How is JUDICIAL PRECEDENT an ADVANTAGE?
Judicial precedent = judges following past decisions.
When a judge makes a decision in a case, that decision becomes a guide (or rule) for other judges to follow in similar future cases. It helps the law stay fair, stable, and predictable. People and lawyers can know what to expect based on past cases to help their clients and saves time and money.
How is FORMALITY an ADVANTAGE?
Formality means doing things the legal way- a party may want their “day in court” meaning then want to be able to explain their side to a judge and defend themselves. Formality makes sure that:
• Both sides are treated fairly
• The case runs smoothly
• The decision is valid and respected
What are the 4 DISADVANTAGES of using CIVIL COURTS?
- THE APPEAL PROCESS IS UNFAIR
- AVAILABILITY IF LEGAL AIDS HAS BEEN REDUCED
- UNCERTAINTY IS PRESENT
- COSTS
How is THE APPEAL PROCESS BEING UNFAIR a DISADVANTAGE?
It favours the parties who are wealthier, such as businesses instead of individuals. For an appeal process you also need legal professionals eg. Lawyers and solicitors and those financially unstable may be discouraged from raising appeals.
How is AVAILABILITY OF LEGAL AIDS BEING REDUCED a DISADVANTAGE?
This is unfair because an individuals on a low income are at a disadvantage when bringing a claim against a wealthier person eg. Businesses.
Also “no win, no fee” is only available for personal injury claims and if lawyer agrees theres a high chance of success so even if legal aid exists it doesn’t advantage as many people.
How is UNCERTAINTY BEING PRESENT a DISADVANTAGE?
There is no guarantee of winning a case and being unsure on the judges decision is stressful on the parties. This meant party may spend lost of time and money only to lose the case.
How is the COST OF TAKING A CASE TO COURT a DISADVANTAGE?
It is very expensive and it could also take months even years. It is also difficult for a claimant to take a case without the assistance of a lawyer which also costs money and the adversarial nature of a court case ( It’s a system where two opposing parties present their cases and try to convince the judge or jury that they are right with a winner and a looser)
Is stressful.
