3. The Pre-trial Civil Process
1. Fill in claim form + Particular of claim (formerly known as the Statement of Claim)
2. File it.
3. Court sends it to the defendant and allows the defendant to give reply within 14 days.
4. Defendant sends back the statement of the court
-Admit liability
-Denied liability
-Statement of defence
-Statement of defence + Counter claim
The ways for defendant to settle:
i) if the defendant does nothing, an order in default will be granted to enforce the judgement thus he needs to pay or declare bankruptcy. ii) Defendant can reply a statement of defence to fight in court iii) Defendant can also send back statement of defence with counter claim which suing back the claimant which require trial. iv) A settlement which
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Judge can reach this conclusion by his own initiative such as dismissed it.
3) Without prejudice negotiations
At any stage of proceedings, the parties can enter into ‘without prejudice negotiations’ to try to settle outside the court. The purpose is to settle the disputes which allows the parties to discuss their position freely without concern that their admissions might be brought in court later.
4. Allocation of Cases to Tracks
-When the defendant intends to defend an action, the District Judge (County Court) and the Master (High Court) sends out an allocation questionnaire to both parties and they must reply within the deadline given.
-Cases on or after 1 April 2013, parties must fill up the directions questionnaire for court officer to decide the suitable tracks.
Small Claim Track (Court)
-The small claim jurisdiction is £5,000 or £1,000 for personal injury cases. However, if both parties consent to use this track even if the value of their case is above £5,000.
-Heard in County Court by a district judge.
-It usually conducts privately in Judge’s Chambers rather than open court.
Advantages
-The cost is low especially for claim below
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Problems with Civil Justice System
• Cases are delay because there are nearly 1.4 million civil disputes are taken to the county court each year, which caused the court burdened with the backlog cases.
• The court proceeding are lengthy, time consuming and formal.
Every civil dispute must go through a case management which usually takes 3 months for exchanging the bundles from both sides. The hearing date may depends on the schedule of the court and strict rule of evidence must be followed.
• Technical cases
Some technical points such as medical problem may not be understood by judges, thus if hire an expert to give advice would increase the cost of litigation. In contrast, ADR can employ an expert in the particular field to replace the judge.
• The cost of litigation is very expensive as it often exceeded the value of the claim.
• The adversarial nature in the courtroom would break the relationship between both parties and it is held in public which disadvantage firms that do not want to reveal their financial situation.
6. Woolf Reform in 1999
• Judge is actively involved in case
This confirms your assignment as the law clerk with primary responsibility for the above-entitled case. At the moment, a hearing date is not scheduled. However, once the hearing date is scheduled you may be required to prepare a bench memo. I will inform you as soon as the date for oral argument is scheduled.
In conclusion ADR is a tool at the disposal of those involved in legal disputes to resolve their disputes without the all the hassles that entail a trail.
as to whether or not a case is taken up. This is what decides the
The English court system is adversarial in nature whereby the court takes the role of a moderator and pities the parties against each other so as each can prove their own case. Therefore, each party seeking to be believed will approach the court and give an account of the events that make up the dispute. The court will later on come to a final conclusion on who is liable or if the accused is guilty after considering all the facts, the documents adduced.
Throughout the years there has been limitless legal cases presented to the court systems. All cases are not the same. Some cases vary from decisions that are made by a single judge, while other cases decisions are made by a jury. As cases are presented they typically start off as disputes, misunderstandings, or failure to comply among other things. It is possible to settle some cases outside of the courts, but that does require understanding and cooperation by all parties involved. However, for those that are not so willing to settle out of court, they eventually visit the court system. The court system is not in existence to cause humiliation for anyone, but more so to offer a helping hand from a legal prospective. At the same time, the legal system is not to be abuse. or misused either.
The first type of a federal court is District Courts and every state has at least one federal district court ("Federal Courts"). District courts are the overall trial courts in the federal court system. In each district court, there is at least one United States District Judge that was appointed by the President and confirmed by the Senate for a life term. District courts deal with both civil and criminal trials (“ The United States Department of Justice - United States Attorney's Office”). An example of a civil trial is if a person is suing the government or an agent of the government because the person violated the rights granted to a person within the Constitution. Criminal trial is a case that one breaks a federal law and they get arrested (“The Judicial Learning Center”). According to Government by the People, in 2009, there were more than 275,000 civil cases and more than 75,000 criminal cases. District court judges ar...
Lastly, the defendant should be confronted with witness. There should be witnesses called by the prosecution to testify against the defendant. The limitation here is that this right is only applicable to criminal proceedings.
6-9. When the litigants settle their case by compromise, let the magistrate announce it. If they do not compromise, let them state each his own side of the case, in the comitium of the forum before noon. Afterwards let them talk it out together, while both are present. After noon, in case either party has failed to appear, let the magistrate pronounce judgment in favor of the one who is present. If both are present the trial may last until sunset but no later.
Regarding the length of the delay, most states’ statutes give the prosecutor 60 to 120 days to present a suspect to court unless the latter waives his/her right to a speedy trial. Some of the reasons that may result in delays include the lack of evidence or witnesses and a crowded docket. It is the responsibility of the prosecutor to take a defendant to court. However, sometimes the defendant may agree with the prosecutor’s action of not presenting him/her in court as soon as possible. In this case, the defendant cannot argue that his right to a speedy trial was violated. Lastly, the court assesses any possible prejudices and detriments suffered by the suspect during the delay (“Right to a Speedy and Public Trial,” 2015). For example, Lowrey (2011) reports that the North Carolina Second highest court held that the state violated a Durham man’s right to a speedy trial after his case lasted for five years before he could be presented to the court. The judged held that the delay was unreasonable and ordered the dismissal of the case on the basis of prejudice (Lowrey, 2011).
In order for John to file a discrimination complaint against his employer, he is required to file a charge with the Equal Employment Opportunity Complaint counselor or representative of the company. Once the charge has been filed, an investigation is made, or the charge maybe selected to an EEOC program and maybe dismissed. In this case, John is given a certain number of days to file a lawsuit on his behalf. This process would have to go through several lengthy stages such as the EEOC administrative process. If gone to trial it must go through filing of a summons, response and answer, discovery process, enlisting of experts, pre-trial, actual trial and a possible appeal.
...e or bring to trial the suspect before 96 hours". This also requires a lawyer be given to the defendant before a maximum of 7 days is reached.
"The key difference between ADR and those traditional techniques of litigation and arbitration is that ADR techniques are used to produce a resolution to dispute through a negotiated agreement while litigation and arbitration are processes by which a result is imposed on the parties."
Premised on the above insinuations, this paper seek to affirm the merits of alternative dispute resolution (ADR) over the conventional litigation system in other to debunk the opinion of liberal culture which positions adversarial procedures as an ideal dispute resolution mechanism.
Compensation involves monetary awards and can be difficult to decide the proper amount of compensation to make the plaintiff whole. In some instance the compensatory damages may seem too far exceed the actual loss of the plaintiff. In addition to over compensation to the plaintiff, another concern is how lawyers are paid for their services. The perception is that lawyers make to much money compared to the plaintiff. Many people, politicians, and companies believe that tort system is defective and requires reform to bring the system more in line with the original intent of tort
Both forms of ADR have several common characteristics. However, one must consider that a neutral side in both procedures fulfils distinct from one another duties. Mediators do not have the objective to make decision, whereas arbitrators determine an outcome of the case. Upon the termination of the procedure, an arbiter renders a binding award that cannot be later avoided by disputants. During mediation, parties are not contingent upon the third side and enjoy freedom of actions needed for dispute resolution. In contrast, in case of failure to reach an agreement, parties are not legally bound for actions afterwards. By considering the true qualities of arbitration and mediation taken individually, legislation and scientists suggest that in single arbitration, arbitrators may use mediators’ functions to promote amicable settlement and functions of both arbitrators and mediators have incongruous