Unit 23 Learning Aim A

For this part of the unit you need to demonstrate your understanding of the UK courts, with regards
to civil courts and criminal courts.

Basically civil is a disagreement between two different parties, whilst criminal is an offence against
the state and they have their own distinct court hierarchies.

For each of the pass criteria you have to use the case study in your discussion and not just leave it to
the theory

AP1

Using case examples, accurately apply and explain the jurisdiction of civil courts.

You have been given 2 civil case examples which do take into account very different aspects of civil
law – contract and family law so you need to look at each of them differently.

Mary has contracted Bill, a builder to build an extension on her house. The quote for the work is
£35,000 and Mary has accepted this and Bill has commenced the work. During the time the
extension is being built, Bill left a chainsaw out in a corridor, and Mary tripped over it, badly
cutting her leg, which caused her health problems and meant she was off work for several
months. Once the work was finished, Mary discovered that Bill had not connected the new en-
suite bathroom to the main drainage system, and the resulting damage required a lot of
remedial work which will cost £8000.

Questions you need to address are;

1. Which court will it be allocated to and why?
2. How will Mary have to start her claim?
3. Which allocation track will she be placed on and why
4. Is there any point in starting her claim (consequences of legal action)
5. What can the County Court do if Mary wins her case? (what can they order Bill to
do?)
6. What will happen if either Bill or Mary appealed the ruling? (Which courts will it go
to, what can they appeal on?)
7. Offer advice to Mary in using the Alternative dispute resolution (ADR) and why it
may be favourable to her (cheaper and quicker!) suggesting the following
methods and how they might be/not be suitable in her case (the issues that she
may face if she uses these methods)
a. Tribunals
b. Arbitration
c. Mediation
d. Conciliation
e. negotiation

Jane and Saif are recently separated. Jane wants a divorce, but Saif does not.

Family court is not in the text book so you need to research these in order to comment on this civil
case.

Questions you need to address are;

1. the rules surrounding divorce – when and why can they be granted
 2. what are the methods that can be used in divorce cases (arbitration, mediation
etc)
3. when considering divorce cases, what are the financial aspects that can be taken
into account
4. given the limited information on the case study you do not need to discuss
children and the impact they have other than a general “if Jane and Sarif had
children then …..

AP2

Using case examples, accurately apply and explain the jurisdiction of criminal courts.

You have been given a criminal case which will take longer to address than the civil case as it is more
complex
James (19), Caspar (16) and Pete (19) were involved in a confrontation on a
Saturday night with a rival group of football supporters. Pete was carrying a knife
in his belt and in the fight that broke out, he stabbed Brian in the chest. As soon
as the fight broke out, Caspar ran away and went to a nearby shop, where he
stole a pack of lager cans. James however was involved in the fight, running off
only after the stabbing. Brian collapsed from the stab wound, and later died. All
three men have been arrested and charged.

Questions you need to address are;

1. what type of offence has occurred
2. go through the time line of what will happen
a. pre-trial procedure
b. plea
c. summery trial (magistrates)
d. either way cases (is this an either way case and why)
e. committal
f. youth court
g. crown court (and what class this case will fall under)
h. the jurisdiction of the courts
i. court of appeal
j. supreme court

AM1

Compare and contrast the criminal and civil court hierarchies and appeal routes, demonstrating
accurate use of legal terminology, case law citation and application, to both civil and criminal law
situations

Using the 3 case studies offered compare the different systems in place. Things to consider are
1. what is similar in the court hierarchies
a. why do you think this
2. what is different in the court hierarchies
a. why do you think this

AD1

Evaluate how dispute solving in the courts compares with methods of ADR
You need to offer your supported opinion (so you might have to find previous cases to support your
claims) on how well the courts aid solving issues (civil) against the methods of ADR

I would suggest that you take each of the ADR methods in turn i.e. tribunal, arbitration etc) and
using cases suggested why you think ADR is better or not