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Unit 1_ Dispute solving in the legal system - Lawstation.co

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Unit 1_ Dispute solving in the legal system - Lawstation.co Powered By Docstoc
					BTEC Level 3 National Applied Law



  Unit 1: Dispute solving in the
           legal system
          Introduction of Unit
         www.lawstation.co.uk
   Learning objectives of the unit
1. Understand the hierarchy of the court
   system
2. Understand the roles undertaken by the
   personnel of the courts
3. Know about the alternatives of the courts
4. Know about the finance and representation
 What is the difference between civil
          and criminal law?




• Read more here
1. Understand the hierarchy of the
          court system
                 • Two main themes

                 1. Structure and
                    framework of the
                    courts

                 2. Fundamental
                    difference between
                    civil and criminal
                    courts
1. Understand the hierarchy of the
          court system
                 • Civil courts structure




                           • Cour



                           • Supr
                 • Difference between first




                             eal
                             App
                             t of

                             t
                             Cour
                             eme
                   instance and appeal courts
                 • Role, function and
                   jurisdiction of




                        • Cou




                        • High
                      small claims courts




                          st)
                          (mo
                          t
                          Cour
                          nty

                          ex)
                          mpl
                          (co
                          t
                          Cour
                    –
                    – County Court
                    – High Court
                    – Divisional courts




                          • Smal


                          • Trib
                    – Courts of appeal (civil


                            ts
                            cour
                            ms
                            clai
                            l

                            s
                            unal
                      division)
                    – Supreme court
                    – ECJ
1. Understand the hierarchy of the
          court system
                 • Criminal courts structure:
                 • Role and function and
                   jurisdiction of
                    – Youth court
                    – Magistrates court
                    – Crown Court
                    – Court of appeal (Criminal
                      division)
                    – Supreme Court
                    – Fist instance and appeal
                      courts
                    – The criminal cases review
                      commission

                    – Link to court diagrams
2. Understand the roles undertaken by
       personnel of the courts
                   • The legal profession
                     work, training and
                                    Read
                     regulation ofombudsman
                      –   Barristers cases here
                      –   Solicitors
                      –   Legal executives
                      –   Paralegals
                   • Legal services
                     ombudsman and
                     complaints
                    Adam Sampson Chief Ombudsman
2. Understand the roles undertaken by
       personnel of the courts
                   • The judiciary
                   • Organisation, selection
                     and appointment of
                     judges
                   • Roles in civil and
                     criminal cases
                   • Judicial independence
                     and immunity
                   • Removal from office
2. Understand the roles undertaken by
       personnel of the courts
                     Video on magistrates
                   • Lay people (magistrates)
                   • court
                     Selection and
                     appointment
                   • Training
                   • Roles and powers
                   • Jurisdiction in civil and
                     criminal cases
                   • Removal
                   • Advantages and
                     disadvantages
2. Understand the roles undertaken by
       personnel of the courts
                   •   Lay people (juries)
                       Video
                   •   Qualifications and
                   •   disqualification
                       Watch the youtube
                   •   video on and role
                       Selectionjuries 14 mins
                   •   Summoning
                   •   Vetting and challenging
                   •   Advantages and
                       disadvantage
3. Know about the alternatives of the courts

                      Alternative Dispute
                        Resolution (ADR):
                      • Tribunals
                      • Arbitration
                      • Mediation
                      • Conciliation
                      • Negotiation
3. Know about the alternatives of the courts

                      Comparison
                      • With each other
                      • With civil courts
                      • Advantages of ADR
                      • Disadvantages of ADR

                      • Link to pros and cons
3. Know about the alternatives of the courts

                      Issues
                      • Time
                      • Cost
                      • Privacy
                      • Appeals
                      • Formality
                      • Representation
                      • Accessibility
                      • appropriateness
4. Know about the finance and representation


                         • Alternative sources of
                           advice
                            – Citizen advice bureau
                            – Media




Link to citizen advice
4. Know about the finance and representation


                      Finance of advice
                      • Private
                      • Insurance
                      • Conditional fees
                      • Pro bono work

                      • Video on pro bono
4. Know about the finance and representation


                      Statutory provision
                      • Legal help and
                        representation in civil
                        and criminal matters

                      • Link to civil
                      • Link to criminal
   Learning objectives of the unit
1. Understand the hierarchy of the court
   system
2. Understand the roles undertaken by the
   personnel of the courts
3. Know about the alternatives of the courts
4. Know about the finance and representation

				
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