AS Level Law Assignment 5 - Civil Process and A.D.R.
Task
You will be set one of the following questions:
Briefly describe both (i) the three track system of civil justice; and (ii) the procedure under Article 234 for making references to the European Court of Justice. [20 marks]
Discuss the advantages and disadvantages of using Alternative Dispute Resolution (ADR) rather than using the courts to resolve civil disputes. [20 marks]
(2002 Specimen Paper)
or
(a) Describe how civil disputes can be resolved without going to court. (This does not include tribunals.) [20]
(b) Comment on the advantages of using these alternative methods of dispute resolution (ADR) rather than using the courts. [25]
(June 2002)
or
(a) Describe how it is decided where to try individual civil cases in the courts. In your answer, consider the financial value of the claim and also the type of case involved. [25]
(b) Explain and comment on when cases are referred to the European Court of Justice under Article 234 (formerly Article 177). [20]
(January 2002)
or
Quickfix Ltd has separate contracts with two companies, Roughs Ltd and Stokes Ltd, to purchase goods. Roughs have failed to deliver some of the goods and it has cost Quickfix £10,000 extra to replace these items, and they wish to claim the £10,000 from Roughs. Stokes have delivered faulty goods and Quickfix wish to claim £80,000 from them.
(a) Explain and comment on the main reforms made to the civil justice system after the Woolf Report. [30]
(b) Advise Quickfix on the type of court and procedure likely to be used for each of their claims. [15]
(June 2001)
or
(a) There are various ways of resolving a dispute without going to
court. Describe what
these ways are and how they work. [25]
(b) Explain why the use of alternative methods of dispute resolution (ADR) is often preferred to taking court proceedings. [20]
(January 2001)
or
(a) Describe the main civil courts and their jurisdiction. [30 marks]
(b) Discuss the problems of making a claim in the civil courts. [15 marks]
(2000 Specimen Paper)
'OLD STYLE' QUESTIONS
1. Chris has been the victim of a serious assault recently. His attacker has been charged by the police and Chris has been told that the case will go to the Crown Court.
Chris has also had problems over damage caused to his house due to defective workmanship by the builders. It has cost Chris £12,000 to put the matter right and he wishes to claim this amount from the builder.
Explain to Chris the main differences between the way in which the two cases will be dealt with, and the difficulties that may occur in each.
(June 2001)
or
2. AB Instruments Ltd ordered machinery worth £150,000 from XY Machines Ltd. When the machinery arrived it did not work properly and AB Instruments were unable to use it for their work. AB Instruments claim that this has cost them over £200,000 in lost orders and they wish to claim this amount and the cost of repairs to the machinery from XY Machines Ltd.
Answer all parts
(a) Explain to AB Instruments Ltd in which court and how they could start a court action against XY Machines Ltd and what problems are likely to occur in bringing a case to court. [20]
(b) Discuss what alternative methods of resolving the dispute are available to AB Instruments Ltd. [20]
(c) If the case is decided in court, what appeal routes are available to the parties? [10]
(OCR, June 2000)
or
3. What reforms can be suggested to improve the civil justice system?
(May 1999)
or
4. Compare the advantages and disadvantages of both:
(i) tribunals
(ii) commercial arbitration
with the use of the courts for resolving civil disputes.
(May 1998)
or
5. "Now that the jurisdiction of the small claims court has been increased to £3,000, Alternative Dispute Resolution is less important."
To what extent, if at all, do you agree with this statement?
(May 1997)
or
6. Two months ago Spenders Ltd purchased machinery for use in their factory from Whizz Electrics. The machinery cost £35,000 but is defective and has gone wrong several times. Spenders wish to claim compensation from Whizz Electrics.
(a) In which courts could a claim be made? [10 marks]
(b) What other methods of resolving the dispute might be used? [15 marks]
(c) Advise Spenders Ltd on the advantages and disadvantages of the various methods of dispute resolution, including the courts, which are available to them. [25 marks]
(May 1996)
or
7. "We aim at a Rolls-Royce system of civil justice, but most people would prefer an affordable mini."
Are the courts the most effective way of dealing with civil claims?
(May 1995)
or
8. Harriet has been injured in a road traffic accident caused by Angela's negligence and wishes to claim damages for her pain and suffering.
(a) Advise Harriet as to where and how she could start civil proceedings against Angela. [15 marks].
(b) If she is dissatisfied with the result of the case, what appeals are open to her? [15]
(c) To what extent have the changes in jurisdiction under the Courts and Legal Services Act 1990 improved the court as a forum for personal injury disputes? [20 marks]
(May 1994)
or
9. Ebenezer Scrooge alleges he has been defamed by an article in a newspaper.
(a) Advise him whether he can obtain legal aid and advice. [5 marks]
(b) Explain to him which court would hear the case and, if he is not successful, what appeal routes would be open to him. [10 marks]
(c) How satisfactory is the present method of dealing with defamation actions? [35]
(May 1993)
or
10. Lacon sold Morland a second-hand car. Morland has now discovered that the car belonged to Nimrod, who has reclaimed it. Morland now wishes to sue Lacon for the purchase price.
(i) Before what court or tribunal may the proceedings take place? [16 marks]
(ii) What appeals, if any, might be available if Morland is dissatisfied with the decision? [16 marks]
(iii) Is the law relating to the adjudication of small claims satisfactory? [18 marks]
(May 1991)
Guidance
(a) Will this case be started in the county court, High Court or either? How will the case be started? What are the disadvantages in using the civil courts?
(b) Explain negotiation, mediation, conciliation and arbitration. What are their advantages and disadvantages?
(c) Explain the appeal routes from both the county court and High Court all the way up to the House of Lords, and the possibility of a reference to the ECJ.
My students should see me in the Law workshop or email me if further help is required with this assignment.
Set:
Due:
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