The Courts and Dispute Resolution - Info Flashcards
(12 cards)
What are the two types of court cases?
First instance (trial) and appeals (focused on legal interpretation).
What is the role of magistrates’ courts?
They deal with over 95% of criminal cases using lay magistrates and legal clerks.
What cases go to the Crown Court?
More serious criminal cases, sometimes with a jury.
What is the role of a judge?
To assess evidence, apply the law, and decide cases; they also develop common law.
How is judicial independence maintained?
Judges have immunity for actions taken in good faith and must avoid political or financial bias.
Why do most civil disputes not reach court?
Cost, delays, difficulty recovering damages, and fear of losing.
What are the main types of ADR (Alternative Dispute Resolution)?
Arbitration, mediation, conciliation, adjudication, and tribunals.
What is arbitration?
A private, binding process led by a specialist, common in commercial disputes.
What is mediation?
A voluntary, non-binding process that helps parties reach a mutual settlement.
What are tribunals?
Specialist forums for disputes like employment, tax, or planning — cheaper and quicker than court.
How does ADR compare to court?
ADR is cheaper, quicker, more private, and less adversarial than court.
