English legal system. Assignment 2
Part two: The role of the legal profession and lay people in contributing to case
outcomes.
Introduction: This report will include information about court cases and their outcomes
based on what the lay professionals do and how the legal professions go about making
decisions after hearing cases. Comparing how this way of discussing a case in a court is
different to alternative dispute resolution. Giving a valid point for how lay people are
involved in the English legal system.
23/B.M2 Compare and Contrast the role and function of lawyers and lay people within
the English Courts and ADR.
In courts and ADR, there are different ways of how the cases are approached.
Judges have a huge part to play in the English courts, they need to analyse evidence and
know the case as their role is to control the trial and the hearing in court. Making a clear
verdict and upholding the law. They are able to question the both parties who are
standing in court if they are unsure of the information that has been read out or given to
them. They should not question witnesses however, or questioning in such a way that
means they are not impartial. Judges need to apply the law and be fair in this instance,
the rules are that everyone needs to be treated the same regardless of someone being
high or lowly. It is their job to decide if someone is guilty or non-guilty. They have to
make such harsh decision which questions the fate of the other person who may then be
sentenced. They can make a decision that is not right and this results in the innocent
serving time for a crime that they have not committed. The evidence of a case will be
with the judge who needs to keep an open mind, the choice should only be made once
they have looked into the case thoroughly and carefully. It is crucial that they do not
come across as bias, they need to listen to both parties and once they have decided,
they will find the most suitable punishment depending on how serious the crime is.
There will be a judge hearing a criminal case in a crown court and in a civil case, the
matters will be heard in a high court. Their responsibilities are reviewing all cases to
make sure they haven’t been overlooked at all, hearing the allegations of defending
parties and also the prosecuted and approving arrest and search warrants.
Lawyers are included when there is a court case hearing. The lawyers have an important
responsibility, they have to adhere and follow the code so they are doing their job
correctly. They have a duty whereby they need to make sure they are putting their full
attention in representing a case from one party. Providing enough supporting evidence in
court so their clients have a fair chance at winning the case. Lawyers also need to guide
,their clients and let them know about the rights which they have, suggesting support
that can help them through their personal matters. The lawyer has not only got to
represent them but advise them too so they are aware of the Law and how it works and
applies to their specific situation. Depending on the position that the lawyers hold, they
may work more frequently and this includes interviewing witnesses, putting together
information for the trial. In criminal cases, lawyers are present to represent the person
who has been charged with a crime. They need to study the case analyse every detail as
in court they have to get across all the valid points. If there is not enough evidence the
case is not able to go further. In civil cases, it is more than likely that the lawyers will be
dealing with contracts, wills and trusts. Their role is to listen and understand what they
are being told by the client, helping to discuss the options available. They need to keep
the information confidential, and should not share the information with anyone else as
this is unethical.
The Juries are the people who are present in court, they only know small pieces of
information about the case before the trial actually begins. There are only some cases
which will be heard by the jury however. Functions of the jury is to see the evidence and
work out what the main events of the case are. The judge needs to put the jury in the
right direction so the jury is able to match the correct law with the case. Research shows
that there is The Criminal Justice Act 1967, it says that a jury is able to deliver the
majority verdict that is 11:12 or 10:12 if unable to reach a case that is unanimous. In
criminal cases, the jury gives the verdict if the person is guilty and in civil, their duty is
to see the amount money that needs to be awarded. In criminal cases the jury deals
with only a few cases that are classed as minority. They normally are present in a crown
court, only if the trail goes further, they will be then in front of the jury. Most cases are
heard in a magistrate court’s as they are not serious and do not need to go to the crown
court. If this is the case, the jury has no reason to be in the magistrate's court. Juries
will normally only deal with a percent of the cases so this is very low. In civil cases, the
juries are not used frequently. When they are at the hearing, they have to look at the
information and then decide what it means, if the case is proved and the jury is happy
with all the evidence and so forth. They will start to figure out what will be awarded.
However, they are involved in only certain cases, these are such as; fraud, false
imprisonment and slander or libel.
Magistrates are different to lawyers and other professionals; this is because they handle
cases which are to do with theft or traffic violations. They are volunteers and are
selected carefully to be present in the courts. The cases which are heard in courts, there
will be three magistrates in total hearing the case. Magistrates need to follow the orders
and procedures. Their aim is to make sure that justice is served. They will only deal with
, a handful of minor cases. The judge is expected to handle issues which are more
complex, as the magistrate is unable to do so with only having limited jurisdiction. The
magistrates need to know how to weigh up evidence and have knowledge about the
community that they are in. In the magistrate court it is up to the lay people to make a
decision but this is not done in the crown court, it is left for the judge to decide what will
happen next. In criminal cases the magistrate will look into and see if the defendant is
guilty or not guilty. However, in a civil case it works different as their role is including
family matters, sorting out debt.
ADR works differently to the court proceedings. This includes two main types of ADR;
these are Arbitration and Mediation. They have the same procedure and both do not go
to court. The mediator helps the party to come to a conclusion and reach an agreement
which is mutual. Whereas the Arbitration will look at the information and will choose an
outcome based on all the evidence from both parties. This does not follow the normal
court procedure and works differently. It is different to the English court as there is no
judge involved or any professionals who make decisions. The mediators are the main
people who are in this alternative dispute resolution. They will bring make sure the two
parties come together so they can have a discussion which is done face to face. No
hearing by the judge or lawyer needs to be done in this case, the case or any complaint
is sent to the mediator who will deal with the situation without having any sort of court
hearing.
23/AD1 Evaluate how dispute solving in the courts compares with methods of ADR.
There are different methods for how disputes are solved in court. There is the ADR which
is cheaper than the litigation which is going to court and is way more costly. Other
options are available to the people who do not wish to have a court hearing. There are
the ADR which involves, mediation, arbitration and negotiation.
Negotiation is settling the differences. The process for this is trying to negotiate with the
other person or party. This could be done with a lawyer helping parties to find a fair
deal, it is very common for people to negotiate on a daily basis. It is a problem-solving
task which can be done at any time which includes when the lawsuit is in progress or
after an appeal is filed. The negotiations are quick and simple and also are voluntary.
The parties have access and full control over what they decide, no one else has a say in
this. It could be a winning situation if a deal is made that is fair and accurate. Mediation
is a process that allows the mediator to try and reconcile the parties, this happens when
the negotiation is unsuccessful. It is the mediator’s responsibility to help the parties but
not make the choice for them, they offer support and it is left up to the party to make
their decision. By doing the mediation it provides the opportunity for people to solve
Part two: The role of the legal profession and lay people in contributing to case
outcomes.
Introduction: This report will include information about court cases and their outcomes
based on what the lay professionals do and how the legal professions go about making
decisions after hearing cases. Comparing how this way of discussing a case in a court is
different to alternative dispute resolution. Giving a valid point for how lay people are
involved in the English legal system.
23/B.M2 Compare and Contrast the role and function of lawyers and lay people within
the English Courts and ADR.
In courts and ADR, there are different ways of how the cases are approached.
Judges have a huge part to play in the English courts, they need to analyse evidence and
know the case as their role is to control the trial and the hearing in court. Making a clear
verdict and upholding the law. They are able to question the both parties who are
standing in court if they are unsure of the information that has been read out or given to
them. They should not question witnesses however, or questioning in such a way that
means they are not impartial. Judges need to apply the law and be fair in this instance,
the rules are that everyone needs to be treated the same regardless of someone being
high or lowly. It is their job to decide if someone is guilty or non-guilty. They have to
make such harsh decision which questions the fate of the other person who may then be
sentenced. They can make a decision that is not right and this results in the innocent
serving time for a crime that they have not committed. The evidence of a case will be
with the judge who needs to keep an open mind, the choice should only be made once
they have looked into the case thoroughly and carefully. It is crucial that they do not
come across as bias, they need to listen to both parties and once they have decided,
they will find the most suitable punishment depending on how serious the crime is.
There will be a judge hearing a criminal case in a crown court and in a civil case, the
matters will be heard in a high court. Their responsibilities are reviewing all cases to
make sure they haven’t been overlooked at all, hearing the allegations of defending
parties and also the prosecuted and approving arrest and search warrants.
Lawyers are included when there is a court case hearing. The lawyers have an important
responsibility, they have to adhere and follow the code so they are doing their job
correctly. They have a duty whereby they need to make sure they are putting their full
attention in representing a case from one party. Providing enough supporting evidence in
court so their clients have a fair chance at winning the case. Lawyers also need to guide
,their clients and let them know about the rights which they have, suggesting support
that can help them through their personal matters. The lawyer has not only got to
represent them but advise them too so they are aware of the Law and how it works and
applies to their specific situation. Depending on the position that the lawyers hold, they
may work more frequently and this includes interviewing witnesses, putting together
information for the trial. In criminal cases, lawyers are present to represent the person
who has been charged with a crime. They need to study the case analyse every detail as
in court they have to get across all the valid points. If there is not enough evidence the
case is not able to go further. In civil cases, it is more than likely that the lawyers will be
dealing with contracts, wills and trusts. Their role is to listen and understand what they
are being told by the client, helping to discuss the options available. They need to keep
the information confidential, and should not share the information with anyone else as
this is unethical.
The Juries are the people who are present in court, they only know small pieces of
information about the case before the trial actually begins. There are only some cases
which will be heard by the jury however. Functions of the jury is to see the evidence and
work out what the main events of the case are. The judge needs to put the jury in the
right direction so the jury is able to match the correct law with the case. Research shows
that there is The Criminal Justice Act 1967, it says that a jury is able to deliver the
majority verdict that is 11:12 or 10:12 if unable to reach a case that is unanimous. In
criminal cases, the jury gives the verdict if the person is guilty and in civil, their duty is
to see the amount money that needs to be awarded. In criminal cases the jury deals
with only a few cases that are classed as minority. They normally are present in a crown
court, only if the trail goes further, they will be then in front of the jury. Most cases are
heard in a magistrate court’s as they are not serious and do not need to go to the crown
court. If this is the case, the jury has no reason to be in the magistrate's court. Juries
will normally only deal with a percent of the cases so this is very low. In civil cases, the
juries are not used frequently. When they are at the hearing, they have to look at the
information and then decide what it means, if the case is proved and the jury is happy
with all the evidence and so forth. They will start to figure out what will be awarded.
However, they are involved in only certain cases, these are such as; fraud, false
imprisonment and slander or libel.
Magistrates are different to lawyers and other professionals; this is because they handle
cases which are to do with theft or traffic violations. They are volunteers and are
selected carefully to be present in the courts. The cases which are heard in courts, there
will be three magistrates in total hearing the case. Magistrates need to follow the orders
and procedures. Their aim is to make sure that justice is served. They will only deal with
, a handful of minor cases. The judge is expected to handle issues which are more
complex, as the magistrate is unable to do so with only having limited jurisdiction. The
magistrates need to know how to weigh up evidence and have knowledge about the
community that they are in. In the magistrate court it is up to the lay people to make a
decision but this is not done in the crown court, it is left for the judge to decide what will
happen next. In criminal cases the magistrate will look into and see if the defendant is
guilty or not guilty. However, in a civil case it works different as their role is including
family matters, sorting out debt.
ADR works differently to the court proceedings. This includes two main types of ADR;
these are Arbitration and Mediation. They have the same procedure and both do not go
to court. The mediator helps the party to come to a conclusion and reach an agreement
which is mutual. Whereas the Arbitration will look at the information and will choose an
outcome based on all the evidence from both parties. This does not follow the normal
court procedure and works differently. It is different to the English court as there is no
judge involved or any professionals who make decisions. The mediators are the main
people who are in this alternative dispute resolution. They will bring make sure the two
parties come together so they can have a discussion which is done face to face. No
hearing by the judge or lawyer needs to be done in this case, the case or any complaint
is sent to the mediator who will deal with the situation without having any sort of court
hearing.
23/AD1 Evaluate how dispute solving in the courts compares with methods of ADR.
There are different methods for how disputes are solved in court. There is the ADR which
is cheaper than the litigation which is going to court and is way more costly. Other
options are available to the people who do not wish to have a court hearing. There are
the ADR which involves, mediation, arbitration and negotiation.
Negotiation is settling the differences. The process for this is trying to negotiate with the
other person or party. This could be done with a lawyer helping parties to find a fair
deal, it is very common for people to negotiate on a daily basis. It is a problem-solving
task which can be done at any time which includes when the lawsuit is in progress or
after an appeal is filed. The negotiations are quick and simple and also are voluntary.
The parties have access and full control over what they decide, no one else has a say in
this. It could be a winning situation if a deal is made that is fair and accurate. Mediation
is a process that allows the mediator to try and reconcile the parties, this happens when
the negotiation is unsuccessful. It is the mediator’s responsibility to help the parties but
not make the choice for them, they offer support and it is left up to the party to make
their decision. By doing the mediation it provides the opportunity for people to solve
