Challenges Of Slow Judicial Systems

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Date added: 17-06-26

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If any "Ladybird" causes the car tyres shredding leading to the driver losing control on the road, the civil liability is the owner of the car who suffering the damage or accident have right to sue for the damages for unsafely car or their personal injury. Therefore, the Prior group plc must make the compensation to the car owner as they no check the car with strict. The purpose of civil law is gives a person has right to obtain redress from another person. In criminal liability, the Prior group plc had involves in "dishonest" or offence of strict liability which is fails in Trade Description Act 1968. This offence is recommended inflation of the tyre by four pound per inch finally because the driver loses control in the road. Prior group will be charge with applying wrong method in the car or wrong quality control in the car. The purpose of criminal law is protecting the safety of the driver and protect driver from cheats by the manufactures. So, the customer may claim compensation under Powers of Criminal Courts (sentencing) Act 2000 where a conviction is secured. This view has been backed in the work of Keenan and Riches (2007, pp.8-9) which is civil liability is people who suffer injury have rights to sue for the damages and criminal liability are protecting the safety of the customer through the law. b) There is a distinction between directors of a company complying with the rule of law and the directors behaving morally or ethically. A director 'ethical' responsibility is does not to tell lies, cheat, and must having their own principles standards of behaviour when doing their job. I believe distinction of between the law and moral exists is because obedience to the law is enforced by the state through sanction to keep the public safety. Instead, morals is a principles, a code of beliefs, values and standards of behaviour that people must have, but not so enforced by sanction. Morality is a person's conscious sense of right or wrong when doing something. c) Area where perhaps acceptable behaviour for some society still illegal are the trader can be persecuted for serving short measure. The behaviour of greed for some trader wants to earn more profit with charging more than the ceiling price/ advertised price or they watering-down alcohol with sell it to the minors. Trader will feel unfair and illegal that their behaviours that are they just want to do the business with earn more profit but violate the criminal law. Apart from that, the behaviour of voice up in public, harmony protest, or critique some one will be sue by discharge with breach of law like slander, ISA (internal security act). Driving with alcohols also is charge by criminal law, because their behaviour likes to drink. Drunker will feel their behaviour is right because they just drink some alcohols only, but charge in criminal law. d) Miscarriage of justice can be avoided by a court are applied a suitable rules when interpretation of statutes. Statutory of interpretation of statutes is helps to define common terms and phrases and given general directions to the judges. Judge also can refer to the common law- doctrine of precedent because it is importance on previous judicial decision especially in higher court. The judges also required to investigate circumstances with details and get the truth before make the judgement. The court also can hear the advise of other jury before make decision in any judges. e) Critisms with justice system reported by Lord Woolf in his report, Access to justice is " i) A lack of equality between wealthy powerful litigants and their under-sourced opponents ii) The system was too expensive, the cost bringing a case often exceeding the value of the claim iii) The system was very slow iv) Civil procedure was too complicated v) It was too difficult to estimate how long the litigation was last vi) The system was too adversarial" Keenan and Riches (2007, pp.58-59) According to Keenan and Riches (2007), critisms addressed by these subsequent changes to justice system is i) New terminology was introduced ii) Encouraging settlement without go to the court iii) A single jurisdiction in High Court and county courts iv) Case management The effectiveness of the system after change is the system help a lots of people solve the cases faster. If using the old system, people who wants go to courts will have the time problem and the cost bringing the cases to the courts. After subsequent change to the civil justice system, all people are satisfied the system because it can save the cost, the speedy of solving cases also become faster with use ADR(alternative disputed resolution) in appropriate cases. This view backed by the work of Dr Tom Mortimer in his book. The improvement might be necessary is rules are expressed in more modern language in litigants, rules of contain features e.g. alternative dispute resolution are designed to encourages the parties to settle their dispute. Besides, cases must manage in accordance with pre-action protocols, the protocols also need include timetable for exchange of information and use expert witnesses. The high courts and county court become a single jurisdiction operating to common sat of procedural rule; cases also need to allocate to one of three tracks, depending on their value and complexity. Part B Area of law involve in civil law that is action in contract. In these cases, some of the rule that is strictly will apply about the performance of the Dosy Ltd's work and it will lead to injustice. According to the Dr. Tom Mortimer worked (2009, pp 541), there is one same case like Bolton v Mahadeva (1972), the court of Appeal judge this case with Bolton does not performed his work well, then he need to recover the thing that he done. Therefore, it will solve in the court with using the Doctrine of substantial performance. The high court and county court will hear for this case. If the High court of Appeal decides Dosy Ltd has substantially carried out the job, then Dosy Ltd may recover for the work they done. Dosy Ltd do not carry out precisely or failure to provide complete performance when refurbished the toilets. If Dosy Ltd want to claim back the cost of their work, they must recover for the work he done. Besides that, manager of Cat and Mouse pub can counterclaim for any defects in performance. Area that law involve in second cases is civil law that is lack of duty of care or negligence. Cat and Mouse burger bar are careless to conduct their foods which cause Claire sent to hospital as the suffering food poisoning. According to the Keenan and Riches (2007, pp345), the case example is Donoghue V Stevenson (1932), the House of Lord held Mrs Donoghue succeed, and at the end this cases are settled out with the compensation of the negligence with £100.Therefore, Claire must prove that Cat and Mouse burger bar owed her a legal duty of care, Cat and Mouse burger bar breach the duty, she suffered the injury or loss as a result of the breach. In this case, Claire can use three elements to help herself to successful for the negligence claim. Therefore, Claire can sue for damage from Cat and Mouse's burger bar as she has been buying and consumed the burger from there. The Cat and mouse's burger bar is already facing possible law suit using civil law due to lack of duty of care. They owed her a duty to take care of the burger because it contains poisoning that have been traced back to a chicken and rat burger. The restaurant would liable if that duty was broken. The high court and county court will hear for this case. If the court judges it, the Mouse and Cats burger bar will suffer loss and must recover or make compensation in this case. Area of the law that involves Sid's case is criminal law. He was offence the rules and regulation of the company as a theft. This is serious offence not only in the rules in that company but also an offence of the law in the legal law in his country. This is because he offers free drinks to his friends at the local University without paying the money to the bar. This make the bar loss in the business profit. He denies the charge against him when asked by Manager of that bar and he 'fitted up" by Alex who works part time at the pub. However, he cannot deny as he dismissed the gross of conduct and charge the responsible to the Alex who work part time at the pub. This is because he had serving his friends that time but not Alex. The bar can report this case to the police and sue him with a criminal offence and ask for the compensation for the company loss. Court will hear this case is Magistrate Courts and Crown Courts as these are criminal cases. If he is convicted by court, he may even loss his job. Besides, Sid may be imprisoned or fines if the court makes judgement to him. Performance of wrongful act of a person is a crime if strict liability. The criminal cases will be hear in Magistrate Courts and Crown Courts has been supported in the work of Keenan and Riches (2007).
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