OTHM level 5 R/650/4965 An Introduction to the English Legal System Assignment Answer Solution

OTHM Level 5 Extended Diploma in Law Assignments 

Unit Aim R/650/4965

This unit aims to explain the people and procedures that are involved in the operation of the legal system in England and Wales. Here in this unit, learners will understand the functions, purpose and structures of criminal and civil courts, including learning about personnel that will be involved in the process of administrative justice. Students who are pursuing this course will also understand how laws are created and will gain knowledge of the factors that impact the development of law. This unit will also help in gaining knowledge of various methods that are used for resolving disputes. 

Note: 

Make sure that you do not make the mistake of copying the exact information from here, as it will cost you a lot. You will get caught for plagiarism, which will make you fail your assignment, and your institute can even make you repeat your whole unit. 

LO1. Understand how laws are created in England and Wales. 

AC 1.1 Explain the court hierarchy.

Answer:

Supreme Court

The top court in the United Kingdom's court system is the Supreme Court of the United Kingdom. It hears appeals of points of law of great public importance. Its decisions bind all lower courts.

Court of Appeal

The Court of Appeal is divided into the Civil Division and Criminal Division. It examines the decisions of lower courts and ensures there is uniformity of application of the law throughout the legal system.

Crown Court and High Court

The Crown Court is a court that deals with serious criminal offences (indictable offences), and cases brought up from Magistrates' Courts. The High Court deals with more complex civil cases and comprises the King's Bench Division, the Chancery Division, and the Family Division.

Magistrates' Courts and County Courts;

The Magistrates' Courts are the lowest level of the hierarchy, and the County Courts. The Magistrates' Courts hear the majority of criminal cases such as summary offences and initial hearings of more serious offences. The County Courts see various civil cases including debt recovery, personal injury, contract disputes, etc.

AC 1.2 Describe the nature and purpose of criminal and civil courts.

Answer:

Criminal Courts
Nature of Criminal Courts

Criminal courts are the courts in which offences against the State and society are tried. Cases are usually brought by the Crown Prosecution Service (CPS) following an investigation by the police. Criminal court cases are heard for a wide variety of offences, including minor offences, such as speeding, to more serious offences, such as murder, rape and robbery, and public order offences. In England and Wales there are two main criminal courts, the Magistrates' Court and the Crown Court. The court will apply criminal law, and the prosecution will need to establish that the defendant has committed the crime beyond reasonable doubt.

Purpose of Criminal Courts

The fundamental function of criminal courts is to render justice and decide if a person accused of a criminal offence is guilty or not. The court then sentences them to an appropriate sentence if they are guilty. The functions of criminal courts are to punish offenders and protect the public, prevent future offences, to reform offenders if feasible, and to promote the rule of law. They also serve victims and assist in preserving public confidence in the system of justice.

Civil Courts

Nature of Civil Courts

Civil courts resolve conflicts between people, companies, institutions and public institutions. They can be about contracts, negligence, property rights, family issues, work-related matters, personal injury claims, and more. The most common type of civil case is brought by the claimant against the defendant. The County Court and the High Court are the two main civil courts. In civil courts, unlike criminal courts, guilt or innocence is not a question. The assessment of cases is based on the "balance of probabilities".

Purpose of Civil Courts

The goal of civil courts is to fairly and efficiently address issues and to uphold rights and obligations. Civil courts aim to offer justice to persons who have been afflicted by loss, harm or damage. Remedies can be compensation (damages), injunctions, declarations or orders ordering a party to undertake a contractual duty. In addition, civil courts also facilitate access to justice and enable people and organisations to resolve disputes in an orderly fashion, in accordance with the law.

AC 1.3 Describe how case law is created and developed.

Answer:

Development of case Law

Case law, or judicial precedent, refers to judicial decisions that form principles of law. These principles can then be used for future cases that have similar facts. Case law is a significant source of Law in England and Wales as it assists in filling in gaps in the Law and provides uniformity in legal decision-making.

The judge explains and uses the law for the facts of the case when a case is heard. The Court's reasoning in the decision, the ratio decidendi (reason of the decision), creates a precedent for the lower courts in the court hierarchy. This principle is binding on future judges in similar cases.

Doctrine of Judicial Precedent

Stare decisis, or "to stand by decided cases," is the basis of the development of case law. This is the rule that says that higher courts' rulings should be followed by  lower courts. The Supreme Court is the apex of the pyramid, and its verdicts could be binding on all the lower courts. Only in very limited circumstances does the Court of Appeal have the power to overturn its own decisions. The Court of Appeal's decisions are normally final to both themselves and other courts.

Thus, there is an importance of the hierarchy of courts and which decisions are binding and which are persuasive.

Use of binding and persuasive precedents.

A precedent is a previous case that a judge has ruled on that a court is required to adhere to. For instance, the Supreme Court's ruling will be upheld by the Court of Appeal, High Court and lower courts.

Persuasive precedent is a case that a court could refer to in reaching its opinion but doesn't have to follow. Previous decisions, dissenting opinions, other jurisdictions' lower court decisions and persuasive cases are all forms of precedent.

The process of making laws based on past cases.

Case law is created through the application and interpretation of the laws in new circumstances. As society evolves, courts are likely to apply the law differently in cases where the facts vary significantly from prior cases, thereby developing the law. Higher levels of court may overturn earlier rulings that are deemed to be outmoded or wrong.

In R v R (1991), for instance, the House of Lords did away with the common law doctrine that a husband could not be guilty of raping his wife. This move brought the law in step with the changing social attitudes and provided an example of the way in which case law may evolve.

AC 1.4 Explain how legislation is created and developed.

Answer:

A Bill is a proposal for an Act of Parliament and requires a series of steps to become an Act of Parliament. Most Bills start in the House of Commons. This is a formal process that has five stages. The Bill is then read in the House of Lords and undergoes the same procedure as in the House of Commons (five stages). The Bill passes through the Houses but does not get accepted by both Houses until both Houses agree to the final version of the Bill. Not all Bills become law. Once both Houses of Parliament have approved the Bill, it is passed into law by the Monarch (Queen Elizabeth at the present time), giving it Royal Assent.

The 5 stages that are repeated in each House are as follows:

1. Reading: The Bill is brought up for the first reading in the House. The title of the person is read aloud. A vote is taken to decide if it should continue to the next stage. Typically, the sponsor of the Bill will be a Government Minister. If the Bill is about schools, for instance, the Bill will be introduced by the Government Minister for Education. 
   
   
2. Second Reading Debate on the Bill. Normally, the Minister who introduced the Bill will start the debate. There is another vote to decide if the Bill should pass to the next stage. 
   
   
3. Committee Stage: A committee made up of MPs from across the political parties, with a particular interest in the Bill's subject matter, will examine the Bill. This means that they will be studying it in detail. In the House of Lords, it is usually the House as a whole which debates the Bill. They will examine the Bill, line by line, for amendments, if any. 
   
   
4. Report Stage: The committee reports back to the House, and a vote is taken on any changes that have been made. 
   
   
5. Third Reading: A final vote is held as to whether the bill will go to the other House.

Parliamentary Ping-Pong

Until all the amendments are accepted, the Bill will move between the House of Commons and the House of Lords. This is referred to as Parliamentary ping pong.

Royal Assent

After both Houses have approved the Bill, it is sent to the Monarch, who gives Royal Assent to the Bill. It is then made a law. 

LO2. Understand the role of the legal profession. 

AC 2.1 Identify the judges that sit in each court within the hierarchy.

Answer:

The English legal system has various courts, with each court being led by a different court officer based on the type and complexity of cases they deal with.

• Magistrates’ Court: Lay Magistrates (Justices of the Peace) or District Judges hear cases for summary offences and preliminary hearings.
  
  
• Crown Court: In the most serious criminal cases, the Crown Court is presided over by Circuit Judges, Recorders (part-time judges) and High Court Judges.
  
  
• County Court: Civil cases in the County Court are mainly heard by District Judges and Circuit Judges.
  
  
• High Court: High Court Judges preside over the High Court, which hears complex civil cases and important legal matters.
  
  
• Court of Appeal: The Lord Justices of Appeal and Lady Justices of Appeal are the people who hear appeals. The Master of the Rolls and Lord Chief Justice can also be present in this court.
  
  
• Supreme Court: The Supreme Court is the highest in the United Kingdom, with the President and Deputy President of the Supreme Court presiding over cases.

The court structure guarantees that cases are before a judge with the necessary authority, expertise and experience.

AC 2.2 Explain the difference between the role of a solicitor and a barrister within the English legal system.

Answer:

Solicitor
A solicitor is a lawyer who advises and assists individuals. They provide legal counsel, prepare legal documents, litigate with parties to settle cases, do legal research, and represent parties in court. The first port of call for people and companies seeking legal help can be the solicitor's office. Typically employed in government entities, businesses and law firms.

Barrister

A barrister is an expert advocate who acts on behalf of clients in court and offers expert legal advice. Barristers are typically directed to argue cases in front of a judge and jury by solicitors. They have to prepare legal arguments, discuss evidence and provide expert legal advice. Barristers usually operate on their own without being part of chambers.
 
Key differences between Solicitor and Barrister

AC 2.3 Describe the ethical responsibilities of the legal profession.

Answer:

There are ethical obligations and that building public confidence in the justice systems are responsibilities assigned to the legal professional. A key responsibility is integrity – solicitors and barrister must be honest and not mislead clients, courts or others.

They are also required to keep confidentiality and ensure that information about the client remains confidential unless required by law. Independence is another major duty, and a lawyer must take an impartial decision on behalf of their client and not be swayed by outside factors.

The role of the legal profession is to provide competent and professional services, meaning that legal workers should provide their clients with accurate legal advice and representation. They also have to respect the law and their responsibility to the court by bringing cases fairly and honestly.

These moral guidelines serve to uphold fairness, justice and trust in the English legal system. 

AC 2.4 Analyse the role of the jury system. 

Answer:

The jury system is also significant in the criminal justice system as a way to involve members of the public in the administration of justice. Crown court trials are held before a jury of 12 people who listen to the evidence and determine if the defendant is guilty or not guilty.

Juries have one benefit: they help to make decisions fairer by having people from outside the legal profession. It can also embody community values and boost public trust in the legal system.

But the jury system has a few drawbacks. Jurors typically are not legal experts and may not always comprehend legal or technical evidence. There is also the possibility that their decision-making will be affected by the media or their own opinions.

In general, the jury system fosters democratic involvement and confidence in the process, but there are concerns about jurors’ ability to handle complex cases appropriately. 

Learning Outcome 3. Understand the role of alternative dispute resolution.

AC 3.1 Explain the perceived difficulties in accessing civil justice.

Answer:

High Legal Costs

Cost of litigation is one of the major problems in civil justice. Those involved in civil matters may have to cover the cost of solicitors, barristers, court fees, expert witnesses and other costs. These expenses can add up very fast, especially for those who are on a low income. Because of this, numerous people will not seek out a legitimate claim due to financial reasons.

Legal Aid is available only in a few instances

Legal aid was instituted to assist those who were unable to afford legal representation. But the reforms, including the Legal Aid, sentencing and Punishment of Offenders Act 2012 (LASPO), have narrowed the provision of legal aid for many civil cases. This can make it difficult for people to get professional legal counsel and representation, which can make it challenging to gain access to justice.  

The legal system is complex in nature

It is not easy for non-lawyers to navigate the civil justice system. The legal terminology, court procedures and paperwork involved in a lawsuit can seem confusing and overwhelming. It may be difficult for litigants in person to present their case effectively because they lack legal knowledge and experience.

Reducing delays in court proceedings

Another problem that is often perceived is the length of time that can pass until a civil case is settled. Delays may occur in conducting a hearing due to court backlogs and procedures. These time lags may lead to higher expenses, uncertainty and stress for the parties in dispute.

Risk of adverse costs orders

In civil litigation, the defendant might be ordered to pay a portion or all of the plaintiff’s attorney fees. This makes it a financial risk for both claimants and defendants. Some individuals may not want to file a claim since they don’t wish to experience major legal fees if they lose the case.

A lack of awareness and confidence

Some people don’t know their legal rights or other choices for settling disputes. Others may not feel comfortable with dealing with legal staff and the court process. This can make people think that they do not need to seek justice even if they have a legitimate right to it. 

AC 3.2 Evaluate the role of Alternative Dispute Resolution in civil disputes.

Answer:

Alternative Dispute Resolution (ADR) is an important component in settling civil disputes outside of formal court trial proceedings. It offers a way for parties to resolve disputes using the techniques of negotiation, mediation, conciliation, and arbitration. DR has grown in significance in the civil justice system as a way to defuse the pressure of courts and enhance access to justice.

One of the key roles of ADR is to provide a quicker and more cost-effective method of resolving disputes. Civil litigation is costly and lengthy, and can take place in court with court fees, legal costs and lengthy delays before a case reaches the hearing stage. The advantages of ADR are that it's a faster and more cost-effective process than litigation.

ADR is also important for parties' relationships. ADR is a more cooperative process than court proceedings that provides for communication and cooperation and allows for compromise. This can be especially helpful when you are involved in a business, neighbour, family member or continuous contractual relationship dispute where it is important to have a positive relationship.

Another significant role of ADR is providing confidentiality. Most court hearings are open to the public, while most ADR hearings are conducted in private. This helps to prevent possible negative publicity as well as reputational damage to personal and corporate image, which might otherwise result from a disagreement.

But not all conflicts are appropriate for ADR. It can be effective only if both sides are willing to participate and cooperate. Sometimes, one party may be unwilling to be involved in the process to any significant degree, which may make resolution challenging. Also, ADR may not be suitable if a precedent is needed or if there is a significant imbalance of power between the parties.

In conclusion, the use of ADR in civil disputes is a valuable tool that can help avoid court litigation, is flexible, and provides a cost-effective and private forum for resolving matters. It is not a substitute for the courts in all circumstances, but it is a useful tool for resolving numerous disputes and a useful tool for improving access to and the efficiency of civil justice.

AC 3.3 Analyse the role of restorative justice in the criminal courts. 

Answer:

Restorative justice is a way of thinking about problems that is different from punishment, and treats the problem with the intent to fix it. It usually means a formal meeting between the victim and the offender, with the offender's admission of responsibility for and effects of his or her actions.

An advantage of restorative justice is that it allows the victim to share with the offender about how the offence affected them and with the community to be given answers to questions that may not be answered at a court hearing. It can also help to raise the awareness of offenders about the consequences of their actions and foster rehabilitation and prevention of re-offending.

But for some offences and victims, restorative justice might not apply. There are concerns that victims may not want to be involved, and that the offenders may not be truly remorseful.

In general, restorative justice is a mechanism that works alongside criminal justice to emphasize accountability, involving the victim and rehabilitating the offender while helping to prevent future offenses.