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Civil Courts

The document provides guidance on topics for practice questions for Paper 2 on civil courts, ADR, tribunals, and the differences between civil and criminal courts. It includes sample questions on the roles of different courts in civil cases, jurisdiction of courts, appeal processes, alternatives to civil courts like mediation and tribunals, and using small claims processes.

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Sharmeen Waqar
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0% found this document useful (0 votes)
77 views3 pages

Civil Courts

The document provides guidance on topics for practice questions for Paper 2 on civil courts, ADR, tribunals, and the differences between civil and criminal courts. It includes sample questions on the roles of different courts in civil cases, jurisdiction of courts, appeal processes, alternatives to civil courts like mediation and tribunals, and using small claims processes.

Uploaded by

Sharmeen Waqar
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as DOCX, PDF, TXT or read online on Scribd
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For Paper 2, practice June 2015/21 for this topic.

Civil Courts

1) Describe the role of the County Court and the High Court in civil cases. Discuss why the small
claims track in the County Court is so successful.
2) Explain the jurisdiction of the County Court, including small claims. Discuss the advantages and
disadvantages of bringing a small claim in this court.
3) Describe the appeal routes in civil cases. Analyse the problems which a person might face in
making an appeal.

Civil courts, ADR and Tribunals

1) ‘The courts are the very last places in which a litigant would be advised to seek resolution of a
civil dispute.’ Discuss the strengths and weaknesses of the civil court system. Consider the
alternatives to taking a civil case to court.
2) Pritti believes that she has been the victim of racial discrimination on the part of her employers.
She has been advised by a colleague to take her case to an employment tribunal. How will this
differ from taking a case to court? Would any alternative methods of resolving her dispute be an
option to her?
3) There are many alternatives to a formal court hearing in civil cases. Describe these alternatives
and assess their effectiveness compared to that of the courts.
4)

Civil courts and ADR

1) Samantha has had a bad day. The Caring Credit Card Company charged her 25 pounds for late
payment of her account which she is sure that she paid on time. Whilst reading her statement,
she hears a crash and looks outside to see that a digger driven by an employee of E and F
Builders has accidentally demolished the extension to her home, built only a month ago at a cost
of 100000 pounds. Convinced that legal action is her only remedy, Samantha now seeks advice.
Explain to her the legal procedure she must follow for her claims and the options open to her if
she does not meet with success.
2) What alternatives are available for a citizen with a civil grievance who does not wish to take his
case to court? Is Alternative Dispute Resolution the better forum for such cases? Justify your
answer.
3) Commercial and Civil mediation has grown by 30% in the last three years. Explain the way
mediation operates. Discuss the reasons for the increasing popularity of ADR as a way of
resolving disputes.
4) Lizzie wishes to recover from her sister, Jane, a diamond necklace valued at 25000 pounds. Lizzie
says the necklace was promised to her by their mother just before she died. Jane refuses to part
with the necklace. What steps will Lizzie now have to seek recovery of the necklace? If she is
unsuccessful, are there any further remedies open to her? Discuss the problems associated with
civil litigation.
5) ‘Increasingly ADR has become a necessary alternative to courts.’ Giving examples, consider
critically the extent to which you would agree or disagree with this statement.
6) Katia has recently purchased a new washing machine. Last week, the washing machine broke
down. The engineer has told her that it is faulty and it will cost 500 pounds to repair. The shop
refuses to replace or repair it. Advise her on how she may be able to recover her loss from the
shop through the civil courts and critically assess the advantages of using the courts to solving
disputes.
7) Explain the various forms of ADR. Discuss whether ADR provides a better outcome than the civil
courts.
8) David bought a new microwave oven from Meteor Stores, costing 500.The first time he uses the
oven, it catches fire and the store refuses to replace it or refund his money. Advise David of the
court in which he should start his case and how he should go about this. Consider whether there
might be any better ways to solve this dispute.

Civil Courts and criminal courts

1) Kerry is on her lunch break from the Pick-a-Chick factory, eating her sandwiches on a grass verge
at the side of the road. Jason drives his car at excessive speed along the road. The car mounts
the verge and collides with Kerry. One of her legs is broken and she is unable to return to work
for six months. Consider critically the role of both the civil and criminal courts in dealing with
this situation.

Tribunals
1) In 2009, more than 90000 people sought to resolve employment disputes by going to the
Employment Tribunal. Consider critically how this process works and discuss the advantages
and disadvantages of tribunals.
2) Discuss the function of tribunals in the English Legal System. Assess the extent to which they
provide a suitable alternative to courts.
3) Explain the role of tribunals in resolving disputes. Consider whether the reforms put in place
by the Tribunals Courts and Enforcement Act 2007 has made the system more efficient.
4) The tribunal system handles over a million cases every year. Explain how tribunals work and
discuss why they have proved so popular.
5) Eva thinks that she has been unfairly dismissed from her job. She wishes to take her case to
a tribunal. Explain how tribunals work and discuss the advantages and disadvantages of
using a tribunal for this type of dispute.

Tribunals and courts


1) In contrast to the courts, tribunals provide a far more effective mechanism for resolving
disputes. Discuss, using examples to support your answer.
2) Tribunal hearings are an effective way to solve certain civil disputes. Explain how tribunals
operate and whether this statement is true. Illustrate your answer with examples.

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