This assignment requires you to examine some of the characteristics of the English Legal System. Is there a difference between law and justice? Are the differences between civil and criminal law clear? How important are juries and lay magistrates? How do courts differ from tribunals? What do the cases like those of Ian Tomlinson show us?
Mark Revill aged 21, with another man attempted to break into a brick shed on William Newbery’s allotment at about 2 o’clock in the morning. Mr Revill and his companion had already that night stolen cars and caused criminal damage elsewhere and intended to steal items from the shed. Mr Newbery, who was aged 76, was sleeping in the shed in order to protect his property after earlier thefts and vandalism. He had with him an air rifle and a single-barrelled 12 bore shotgun and ammunition for both guns. When he was awakened by the noise of the two men trying to break in, he loaded the shotgun, poked it through a small hole in the door and fired. The shot hit Mr Revill on the right upper arm and chest. Mr Revill was prosecuted for various criminal offences he had committed that night, pleaded guilty and was sentenced. Mr Newbery was prosecuted for wounding Mr Revill but was found not guilty. Mr Revill then brought a civil case against Mr Newbery claiming damages for the injuries he had suffered from the shotgun blast. In this case the judge awarded Mr Revill damages.
Please answer all the following tasks
1. What do you regard as the main differences between civil and criminal law? (Your answer should also consider the extent they overlap)
(AC 1.1, 3.1) (approx 250 words))
2. To what extent is justice achieved by awarding damages to someone who was injured while carrying out criminal activities? (AC 3.1) (approx. 250 words)
3. Outline the courts that would have jurisdiction over the matters raised in this case(s) including appeal routes. (AC 1.1, 3.1) (approx. 250 words)
4. Evaluate the importance of the use of juries and lay magistrates within the criminal process
(AC 2.1) (approx 350 words)
1. Sarah has been seriously injured in an accident and intends to claim compensation for her injuries. Outline both of the following:
a. The civil courts (including appeal courts) in which her claim for compensation may be heard (AC3.1) (approx. 250 words)
b. The process of negotiation as an alternative method of dealing with her claim. (AC4.1 250 words)
2. Evaluate the statement below with reference to your study of the operation of the types of Alternative Dispute Resolution. (AC4.1) Approx 400 words)
‘The push for less law is supported by the growing ADR profession which professes a mission to rid society of conflict but which is more interested in the profits to be made from large commercial dispute settlement than the small change of the county courts,’ (Prof. Hazel Genn 2008)