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please be detailed ! The first three are the format of how the questions should be answered (iv) Contributing to case outcomes . Civil: Sanctions
please be detailed ! The first three are the format of how the questions should be answered
(iv) Contributing to case outcomes . Civil: Sanctions . Criminal: Sentencing Principles/Types 2. Alternatives to Court Structure . ADR Types, how is each ADR method different from one another, advantages/disadvantages of each ADR method, how is ADR overall better or worse than court structures? Conclude and analyse on significance of ADR. . Tribunal System: Structure/Hierarchy, Jurisdiction, advantages/disadvantages Conclude and analyse significance of tribunals PART B Investigate the role of the legal profession and lay people in contributing to case outcomes. 1. Lay People (i) JURIES . Eligibility/Selection Process . Jury Trial/Functions . Advantages/Disadvantages . Assess effectiveness of juries (ii) MAGISTRATES . Eligibility/Selection Process . Functions . Advantages/Disadvantages . Assess effectiveness of magistrates (iii) LEGAL PROFESSION . Role in Case Outcomes: What sort of work does a barrister/solicitor do? . Enhanced rights and powers of solicitors . Queen's Counsel: RolesCriteria covered by this task: Unit/Criteria reference To achieve the criteria you must show that you are able to: 23/A.DI Evaluate how dispute solving in the courts compares with methods of ADR. 23/B.D2 Evaluate the effectiveness of lay personnel in the English courts and ADR Compare and contrast the criminal and civil court hierarchies and appeal routes, 23/A.M1 demonstrating accurate use of legal terminology, case law citation and application, to both civil and criminal law situations. 23/B.M2 Compare and contrast the role and function of lawyers and lay people in the English courts and ADR 23/A.P1 Using case examples, accurately apply and explain the jurisdiction of civil courts. 23/A.P2 Using case examples, accurately apply and explain the jurisdiction of criminal courts. 23/B.P3 Using case examples, accurately apply and explain the role in the civil courts and ADR of the legal profession and lay people. 23/B.P4 Using case examples, accurately apply and explain the role in the criminal courts of the legal profession and lay people. Sources of Websites information to support you www.iclr.co.uk with this This is the site of The Incorporated Council of Law Reporting (ICLR), Assignment publishers of The Law Reports and the Weekly Law Reports. www.judiciary.gov.uk/about-the-judiciary/ The Courts and Tribunals Judiciary has a range of publications and judgements, and gives a history of the judiciary. www.tutor2u.net/law Tutor2U has a range of study notes and materials dealing with law related topics. Books. Catherine Elliott and Frances Quinn, The English Legal System, Pearson Education, 17th Edition, 2016. ISBN: 9781405859417 Jaqueline Martin, The English Legal System, Hodder, 7th Edition, 2013. ISBN: 9781444183061 Other None assessment materials attached to this Assignment BriefTHREE PROBLEM QUESTIONS Problem Question No.1 1. Identify if criminal/civil case: It's criminal 2. Three individuals i.e., P (19), J (19) and C(16): Young Offenders [Under 21] 3. For Pete, James and Casper: What sort of an offence did they commit? Were their Crimes interlinked or did they all commit separate crimes? Which court has jurisdiction? ' What is the trial procedure for each offender? What will the court keep in mind when sentencing each offender? What sort of a sentence is each offender likely to get? ' What appeal routes are available to each offender (and to the prosecution in each case)? ' What kind of lawyer will be engaged? Problem Question No.2 1. Criminal or Civil? 2. What are the key issues being raised here? (Personal Injury i.e., Tort/Negligence & Contractual Breach), who is the aggrieved party, what kind of claim can the aggrieved party have against the defendant? 3. Which court shall have jurisdiction over each claim? 4. What is the procedure for ling a civil claim? 5. Appeal routes available for Mary & Bill? 6. What kind of lawyer will be engaged? Problem No. 3 Jane and Saif are recently separated. Jane wants a divorce but Saif does not. 1. Civil/Criminal? Key Issues: Divorce and (potentially) child custody. 2. Which court/tribunal? Family Court Family Division in High Court lltps://www.gov.uk/couIts-tribunals/family-division-of- the-high-court 3. Divorce Procedure Mps://www.divorce-online.co.uk/divorce/how-to-f11e-for QUESTION N0.1 Basic Structure PART A Examine the jurisdiction of the courts, and their alternatives, in contributing to case outcomes. 1. Jurisdiction of Courts: Civil Jurisdiction & Criminal Jurisdiction (i) Discuss key differences between civil and criminal cases [discuss with reference to the University of London guide shared with you over group] (discussed in class as well: e.g., state prosecutes in criminal cases, private individuals bring claims against each other in civil case, goal of criminal law is to punish an offender, goal of civil law is to compensate aggrieved party, etc) (ii) Civil Jurisdiction Pre-l999 and Post-1999 Reforms ' Civil Procedure Rules & Practice Directions: Existing law on civil jurisdiction 0 Court Hierarchy ' Appeal Routes - Three Kinds of Claims: Which claim goes to which court? ' How is a civil case led? ' How are different kind of civil claims handled eg., small value claim trials? ' Pre-Action Protocol ' Cost Budgeting Reference Jackson Reforms ' Elliott & Quinn: Analyse advantages/disadvantages of civil jurisdiction (iii) Criminal Jurisdiction Criminal Procedure Rules Court Hierarchy ' Three kinds of offences; differences between them - Magistrate Court & Appeal Routes ' Crown Court & Appeal Routes How are trials conducted in Magistrate Court & Crown Court? Disclosures & Plea Bargaining You have been successful in an application for a summer work placement at a local solicitor's ofce. Before you start, the partners want to be able to identify further training and development opportunities for you. To help them plan this they want to be able to assess your knowledge and understanding of the 'urisdiction of the courts, their alternatives, as well as the role of the legal profession and lay people in contributing to case outcomes. Produce a two part report about: 0 the jurisdiction of the courts, and their alternatives, in contributing to case outcomes 0 the role of the legal profession and lay people in contributing to case outcomes You have been asked that you use the following case examples to help illustrate you understanding: 1. James (19), Caspar (16) and Pete (19) were involved in a confrontation on a Saturday night with a rival group of football supporters. Pete was carrying a knife in his belt and in the ght that broke out, he stabbed Brian in the chest. As soon as the ght broke out, Caspar ran away and went to a nearby shop, where he stole a pack of lager cans, James however was involved in the ght, running off only after the stabbing. Brian collapsed from the stab wound, and later died All three men have been arrested and charged. 2. Mary has contracted Bill, a builder to build an extension on her house. The quote for the work is 35,000 and Mary has accepted this and Bill has commenced the work. During the time the extension is being built, Bill left a chainsaw out in a corridor, and Mary tripped over it, badly cutting her leg, which caused her health problems and meant she was off work for several months. Once the work was nished, Mary discovered that Bill had not connected the new ensuite bathroom to the main drainage system, and the resulting damage required a lot of remedial work which will cost 8000. 3. Jane and Saif are recently separated. Jane wants a divorce, but Saif does not. MJW contributing to case outcomes. The rst part of your report will evaluate how dispute solving in both the criminal and civil courts compare with methods of alternative dispute resolution (ADR) in contributing to case outcomes. The rst section of this part of the report should present a detailed comparison of the civil and criminal court hierarchies and appeal routes. As part of your comparison you will need to give detailed explanations relating directly to the authorities selected and the case examples provided. To conclude this rst section of the report you should provide a detailed conclusion, about how dispute solving in the courts compares with methods of ADR. Your conclusion must be supported and justied based on the facts and evidence presented in relation to the authorities discussed Part two - The role of the legal profession and lay people in contributing to case outcomes The second part of your report will evaluate the effectiveness of lay personnel in contributing to case outcomes in the both the English courts (criminal and civil) and ADR. Using your own research and the scenarios provided, compare the role and function of the legal personnel and lay people in the English courts and ADR. This should include the accurate application and explanation of the role and function of: 0 judges o lawyers o juries o magistrates You should conclude this part of the report by arriving at a conclusive judgement about the effectiveness of juries and magistrates in the English court system and ADR. This should be based on and supported by the arguments presented in your comparison. A written report Appropriate referencing to include a bibliography and citation of all authorities usedStep by Step Solution
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