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OCR AS LAW UNIT
G151: English Legal




System



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Civil courts & ADR
Supporting knowledge:

Contract law ­ Agreement between 2 parties where one party agrees to do something in
exchange for the other party also providing something.

Law of tort ­ Negligence, Nuisance, Defamation

Family law ­ Divorce, custody, adoption

Employment law ­ Discrimination, unfair dismissal, terms of…

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Court or the High Court. However according to the High Court and County Court
Jurisdiction Order 1991:
Personal injury cases for less than £50,000 must be started in the County Court.
Defamation actions must be started in the High Court.

Jurisdiction:

If High Court is chosen, then there is the…

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If a case is defended then the court will allocate the case to the most suitable track.

Advantages of small claims:

The cost of taking proceedings is low, especially for claims under £1000.
If you lose, you will not have to pay the other person's lawyer costs.

People can bring…

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Cases are heard in open court and members of the public are allowed to attend, apart
from cases involving family matters, i.e. proceedings under the Children Act 1989

Queen's Bench Division:

The Queen's Bench Division deals with contract and tort (civil wrongs) cases which
are worth more than £50,000. Although…

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Appellate Courts are courts which hear appeals. The main appellate courts in the civil
justice system are the Divisional Courts (High Court), Court of Appeal (Civil Division) and
the Supreme Court.

The divisional courts:


Each division of the High Court has a Divisional Court which has the jurisdiction (power) to…

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Supreme Court

This is the final court of appeal in the English legal system. It hears appeals from the
Court of Appeal and the Divisional Courts. It also occasionally hears appeals direct from
the High Court under what is called the 'leapfrog' procedure. Appeals are usually heard by
a panel…

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2. Mediation: This is where a neutral person (the mediator) helps the
parties to reach a compromise. The job of the mediator is to consult with
each party and see how much common ground there is between them.
S/he should act as a facilitator, taking offers between the parties. The…

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The decision made by the arbitrator is called an award and is legally binding on the
parties.



Advantages of Alternative Dispute Resolution

1. Speed - Settling a dispute using ADR is usually much quicker than using the court
system.
2. Expertise - A specialist from within a particular trade or…

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Stop & Search
The power to stop and search individuals on the street is a delicate balancing act
between respecting people's civil rights and protection of society. The police's power to
stop and search individuals on the street is contained in ss 1-7 of PACE and Code of
Practice A.…

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