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Court system introduction
Criticism of the tribunal system
Court system introduction
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Introduction
A tribunal is an institution which has the power or authority to judge, adjudicate and then providing a verdict, depending on a claim or a dispute. Tribunals are generally government bodies which do not carry the same jurisdictions as the courts. The UK system of tribunals is a unified system with delegated judicial authority for the purpose of regulatory supervision and appeals. This a national administrative justice structure for tribunals within the United Kingdom.
The Courts, Enforcement Act and Courts created a two tier system. A First tier Tribunal and an Upper Tribunal, both split into Chambers. Each consists of similar jurisdictions or bring together resembling types of experts to hear the appeals. Generally the upper tier reviews and decides appeals proceeding from the First tier of tribunals.
There is a wide variety of different tribunals, which cover a vast amount of areas influencing our everyday lives. They are held in public, except in a case that would involve very personal evidence or national security.
Arrangement
The tribunal attended was arranged like a panel, incorporating a legally qualified chairman/woman. The layout of the tribunal was as follows:
Proceedings
A tribunal was attended on Monday 10th March in Holborn, hearings start between 10am and 10:30am, allowing chairwoman reasonable time (up to half an hour generally) to read up on evidence and the reading lists provided by both the claimant and respondent.
Upon arrival, you must formally sign in with forename and surname in order to gain a visitors pass. Then you choose the type of tribunal you would like to attend, for example a one day hearing on unfair dismissal. Once at the room of the hearing, you must wait for the Clarke to allow you...
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... and Business Law (Eng.) Study Text. London: BPP Learning Media Ltd. 3-14.
EMW. (2014). Employment tribunal system backlog at record high, show latest data. Available: http://www.emwllp.com/news/employment-tribunal-system-backlog-at-record-high/. Last accessed 29th Mar 2014.
Gov. (2014). Are Tribunals Effective. Available: https://www.employmenttribunals.service.gov.uk/employment-tribunals. Last accessed 27th Mar 2014.
HR Review. (2011). CIPD survey claims employment tribunal system is broken. Available: http://www.hrreview.co.uk/hr-news/employment-law/cipd-survey-claims-employment-tribunal-system-is-broken/18282. Last accessed 27th Mar 2014.
ORC International. (2011). HM Courts and Tribunals Service. Available: https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/219963/hmcts-people-survey-highlight-report-2011.pdf. Last accessed 30th Mar 2014.
...lley, W. H., Jennings, K. M., Wolters, R. S., & Mathis, R. L. (2012). Employment & Labor Relations. Mason, OH: Cengage Learning.
The judge was identified as Colefax SC, DCJ. There were two solicitors: Mr. Ginges, Adam Phillip Hunter’s counsel, and Mr. Van Treifeldt, who would go on to become Mr. Emmet, the Commonwealth DPP. Mr. Engstorm, Mr. Ahovisi, and the coffee man were also part of this case.
In this essay I am going to discuss the magistrates and the crown court, and their function within the court hierarchy. The crown court is seen to deal with more serious offences referred to as indictable offences, which carry a higher sentence. Whereas the magistrates court deals with summary offences, carrying a lesser sentence than other courts in its division. Both courts are part of the criminal justice system, and deal with disputes between individuals and the state.
At the behest of Solicitor General John Les, an inquiry was launched in February o...
Judiciary.gov.uk. 2014. Judges, Tribunals and Magistrates | Introduction to the justice system | Traditions of the courts. [online] Available at: http://www.judiciary.gov.uk/about-the-judiciary/introduction-to-justice-system/court-traditions [Accessed: 2 Apr 2014].
The statement made above is true to a certain extent. The legal system in the United Kingdom is mainly based on The Doctrine of the Separation of Powers, which is written in the 18th century by a French philosopher called Montesquieu. Montesquieu, believed that in order to have a ‘fair’ legal system, the functions should be divided into 3 different bodies of power in a state. This was to prevent absolute power in either one person or a body of people. He believed that by giving one person or a body of people absolute power the state would be in danger of people having the ability to abuse this power and it would eventually lead to a dictatorship. To ensure that this would not happen, he suggested to separate the functions into three different bodies; the executive (government), legislature (parliament) and the Judiciary.
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 name of the parties are (appellant) commissioner of the police of the metropolis,(respondent) Mr. Michael Rottman . The judgment has been held in the house of lords. The judges on this were- Lord Nicholls of Birkenhead, Lord Hoffmann, Lord Hope of Craighead, Lord Hutton and Lord Roger of Earlsferry. The barristers and solicitors in this case were, Mr. Perry, on behalf of the appellant and Miss Montgomery, for the respondent. The date of the judgment was 16th may 2002.
The courts have the function of giving the public a chance to present themselves whether to prosecute or defend themselves if any disputes against them rise. It is known to everyone that a court is a place where disputes can be settled while using the right and proper procedures. In the Criminal court is the luxury of going through a tedious process of breaking a law. Once you have been arrested and have to go to court because of the arrest, you now have a criminal case appointed against you. The court is also the place where a just, fair and unbiased trial can be heard so that it would not cause any disadvantage to either of the party involved in the dispute. The parties are given a chance to represent themselves or to choose to have a legal representative, which is mostly preferred by many.
When a case is up at the crown court, the defendant can appeal on points of
Rackley, E (2010). In Conversation with Lord Justice Etherton: Revisiting the Case for a More Diverse Judiciary. Public Law
An American Court System have 3 tiers in the Judiciary at the top tier it is supreme court, next it is the federal appeals courts also known as the circuit court, and federal district courts also called trial courts.
... with the aggrieved worker and representative meeting with the supervisor involved, followed by an appeal system with strict time limits and ultimately ending in binding arbitration. When management and the union cannot resolve a grievance submitted by a union, the union must decide whether to proceed to the final step of the grievance procedure: arbitration. Arbitration is an adversary proceeding like a trial in court. An arbitrator’s function is usually to interpret the collective bargaining agreement between the parties, not to apply his or her standards of what is right in a given situation. The courts have sought to compel labour and management to a peaceful resolution of grievances through arbitration. The Supreme Court has given support to the arbitration process in a series of decisions, and judicial deferral to arbitration has become a basic tenet of national labour policy.
The basic role of the Canadian court system is to deliver justice between two individuals or two individuals and the state. This is achieved through four levels of court. These are the provincial courts, the provincial and territorial superior courts as well as the Federal Court, the provincial courts of appeal and the Federal Court of Appeal and the most powerful, the Supreme Court. All judges are appointed by the Federal government and the provincial government. All of this is done for the needs of the public.
The judiciary is set up in a form of a hierarchy of courts and it is