OCR A-LEVEL LAW PAPER 1 SECTION A (THE LEGAL SYSTEM) REVISION

Summary

This video provides an in-depth overview of the court structures in England and Wales, covering both criminal and civil systems. It highlights the various levels of courts, such as magistrates' courts, crown courts, the Court of Appeal, and the Supreme Court. The script also delves into alternative dispute resolution (ADR) methods like arbitration, mediation, and tribunals, explaining their advantages and drawbacks. Additionally, it touches on sentencing theories, magistrate selection processes, jury qualifications, and judicial independence, offering a comprehensive understanding of the legal framework and procedures involved in the justice system.

Takeaways

• 😀 The criminal court structure in England and Wales is hierarchical, with the Magistrates' Court handling minor offenses, the Crown Court for serious offenses, and the Supreme Court hearing appeals on constitutional matters.
• 😀 Civil courts follow a similar structure, with County Courts handling minor disputes, the High Court for more complex cases, and the Supreme Court for high-profile civil appeals.
• 😀 Alternative Dispute Resolution (ADR) methods include arbitration, tribunals, negotiation, mediation, and conciliation. These are generally faster and cheaper than litigation but can lack enforceability in some cases.
• 😀 Arbitration is binding and legally enforceable, but it can be expensive and lacks legal expertise on certain issues.
• 😀 Tribunals are informal, specialized courts that deal with specific topics. They relieve pressure on the courts but lack legal aid and can be more formal than other ADR options.
• 😀 Negotiation and mediation are cheaper and allow parties to remain in control, but the outcomes are not legally binding and can sometimes result in unfair settlements.
• 😀 The main advantage of litigation is that decisions are binding and enforceable, but it can be expensive, slow, and attract unwanted publicity.
• 😀 Sentencing aims include retribution, deterrence, rehabilitation, public protection, and reparation. Sentences range from custodial sentences to community orders and discharges.
• 😀 Magistrates are appointed based on key qualities like reliability and good character. They handle minor offenses and preliminary hearings but may lack legal expertise, leading to inconsistent sentencing.
• 😀 Juries in criminal trials consist of 12 people who decide on the facts, while the judge determines the law. Juries are randomly selected and offer diversity but can be inconsistent or biased in their verdicts.
• 😀 Judicial appointments require specific qualifications, and judges must demonstrate intellect, integrity, fairness, and authority. They are appointed based on recommendations and have security of tenure to ensure independence.

Q & A

What is the purpose of understanding the structure of courts in England and Wales?

Although it's unlikely to be directly questioned in exams, it's important to have a basic understanding of the criminal and civil court structures, as it helps in understanding their purposes and how they operate within the legal system.

What is the role of the Magistrates' Court in the criminal court structure?

The Magistrates' Court is the lowest in the criminal court hierarchy and deals with summary offenses. It also holds preliminary hearings for more serious cases, like indictable offenses, and decides on the venue for trial.

What types of cases does the Crown Court deal with?

The Crown Court handles either-way cases (which can be tried in either the Magistrates' Court or Crown Court) and more serious offenses, including indictable offenses such as murder or robbery.

What is the primary function of the Supreme Court in the UK legal system?

The Supreme Court is the highest court in the UK and hears appeals that involve significant points of law, public importance, or constitutional issues. It mainly focuses on cases that have wide-ranging consequences.

How are civil cases processed in the UK courts?

Civil cases are processed based on the 'track' assigned by a judge, such as the Small Claims Track for claims under £10,000, the Fast Track for claims between £10,000 and £25,000, and the Multi-Track for claims exceeding £25,000.

What are the different types of Alternative Dispute Resolution (ADR) mentioned in the script?

The types of ADR discussed include arbitration (where a neutral third party makes a binding decision), tribunals (specialized panels for specific matters), negotiation (where parties reach an agreement independently), mediation (with a neutral third party facilitating the agreement), and conciliation (where the third party also offers suggestions and advice).

What are some advantages and disadvantages of arbitration?

Advantages of arbitration include flexibility, a final binding decision, and enforceability. Disadvantages include the high cost of professional arbitrators and the lack of qualification for handling legal complexities.

What is the main purpose of the sentencing theories in the criminal justice system?

Sentencing theories aim to achieve retribution (punishment for wrongdoers), deterrence (preventing future crimes), rehabilitation (helping offenders reform), protection of the public, and reparation (compensating victims).

How are magistrates selected for their role in the judicial system?

Magistrates must be between 18 and 65 years old and live in the local justice area. They are selected through an application process, including an interview and testing of key qualities such as commitment, reliability, and judicial aptitude.

What are the key characteristics required for a candidate to be appointed to the judiciary?

Candidates for the judiciary must demonstrate intellect, integrity, independence, sound judgment, decisiveness, fairness, authority, communication skills, and efficiency. They also need significant legal experience, such as being a barrister or solicitor for several years.