Summary A* Grade Notes : OCR A Level Law : Paper 1 Section A – The legal system and criminal law
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Course
AS Unit G151 - English Legal System (H41501)
Institution
OCR
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OCR : This section focuses on the civil and criminal courts,
the legal professions and access to justice. Learn...
• Tribunals work alongside courts to deal with cases of entitlement of social rights. Parties in • Drawback - Judges have to pay a neutral role. This can be unfair in many circumstances
tribunal cases cannot go to court, tribunal must be used. when dealing with disabled or people with less money. This may put people off going to
the tribunal, as a disabled person will lose a lot more if losing a job than a normal
• Composed of 3 people, one legally qualified (chairperson), and other 2 will be experienced in person.
the case area. Tribunals are free and decision is binding.
• Drawback - There can be an inequality of bargaining of power. Defending party likely to
• Both sides given equal opportunity to put case forward. have more power and can get legal representatives and aid if needed. This may cause
distrust in the legal system in terms of fairness.
• First tier tribunals, which hear cases for first time. Different chambers to hear different cases
like Social Entitlement Chamber - Child support, criminal compensation etc. Health Education • Drawback - Representatives in the hearing. If the claimant is not part of a union, which
& Social Care Chamber - Special education needs, mental health review. Land, Property & many workers are not, they will have to be presenting the case themselves. This can be
Housing Chamber - Disputes between tenants & landlords and rent. quite challenging especially when the claimants job is on the line or pay.
• Upper Tribunals, hear appeals from first tier. 4 Chambers. 1) Administrative appeals - social • Drawback - Legal aid not available (for majority of cases). This can be a drawback as it
entitlement, war, education appeals. 2) Tax & Chancery. 3) Lands. 4) Asylum & Immigration. can make tribunals inaccessible for those in financial difficulties, such as low skilled
factory workers. This may allow businesses to get away with stuff they shouldn't be
• Further appeal can be made to COA, then Supreme Court. allowed to.
• You can make claim to employment tribunal if you think someone treated you unlawfully like
employer, potential employer or trade union. Unlawful treatment = unfair dismissal, discrimination
or unfair pay deductions.
• Claim must be made within 3 months of problem happening, online, post or telephone. 28/21 day
limit for other party to respond, otherwise decision made without them.
TRIBUNALS
• 1) Preliminary Hearings. This is with judge to decide date, time, length and whether hearing will go
ahead.
• 2) Arrange documents/witnesses. Parties can both request documents from each other, such as
payslips. Witnesses can come if they can give case related evidence. Claimant responsible for
witness cost.
• 3) Hearing. Claimant needs to present case or can hire lawyer or ask family/friend to. Questions
asked by judge, respondent, 2 other members in some cases.
• 4) Decision. Sent by post few weeks/days after hearing. Tribunal can order things like paying
compensation, covering fees, improve conditions of work etc. You can appeal if you think legal
mistake was made.
• Benefit - Free, no cost at all. This can turn out to be a greatly cost effective alternative to
going to the courts and still receive professional decision. Can help decrease inequality
of courts and increase confidence in system.
• Benefit - Ease pressure off courts. By working alongside courts, tribunals help to deal
with a lot of day to day cases. Helps courts deal with more complex matters.
• Benefit - Expertise. The panel of 3 helps to ensure that an informed, expert, fair and just
decision will be awarded. The people who expertise in the case area can be extremely
useful as it would allow a sense of understanding etc.
CIVIL COURTS
• Benefit - Quick and less formal. Unlike courts, tribunals can be set within a much shorter
period of time as well as having a much less complicated structure. This is good as it
can attract people to use a tribunal over a court, and also then if any job needs to be
given back etc it can happen quickly.
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