• Join over 1.2 million students every month
  • Accelerate your learning by 29%
  • Unlimited access from just £6.99 per month

Civil case of injury, 5,000 in civil justice system

Extracts from this document...

Introduction

Civil justice system As this case is a civil case it will obviously be the civil justice system that will deal with as well as millions of other cases every year. The civil justice system is designed so that it can resolve disputes between individuals and organisations. This system deals with many different types of case like negligence, breach of contract, defamation and many other different types of cases. These days the civil justice system deals with every cases justly. This means that both of the parties involved are to be on equal footing and to save expense. Each case must have a appropriate amount of time and resouces alotted to it . This helps the court to deal with the cases justly. There are many more issues that make sure each case can be dealt with justly. ...read more.

Middle

Naseem has been involved and injured in a car accident. Explain the civil court process and the role of the judge in his court claim for damages of �5000. In this case Naseem would be the claimant as he is bringing a case against the person who injured him, They would be the defendant. The first thing Naseem would have to do would be fill in a claim form. Before a case goes to court the claimant and defendant are encouraged to resolve the issues out of court by an out of court settlement. But if the parties can't do this then they may want to take the matter to court. Most proceedings begin with this form. By sending this form to the defendant he would be letting them know he is considering legal proceedings. ...read more.

Conclusion

Naseem would have to prove that whoever injured him was in that place at that time and it was their fault. Once all the evidence by both parties had been given it would be up to the judge to come to a final decision. As in the county court the judge will decide the outcome as jurys are rarely used. So the role of the judge is very important as the decision lies with them and nobody else. The judge may make the decision that the defendant pay the claimant the �5000 or maybe less. If either of the parties is not happy with the outcome and the decision that has ben given they may appeal the case. But they must have a good reason to do so. This is the route that Naseem would have to take if he were to sue the other driver for personal injury in the civil justice system. ...read more.

The above preview is unformatted text

This student written piece of work is one of many that can be found in our AS and A Level Machinery of Justice section.

Found what you're looking for?

  • Start learning 29% faster today
  • 150,000+ documents available
  • Just £6.99 a month

Not the one? Search for your essay title...
  • Join over 1.2 million students every month
  • Accelerate your learning by 29%
  • Unlimited access from just £6.99 per month

See related essaysSee related essays

Related AS and A Level Machinery of Justice essays

  1. What Impact will Formalising Plea Bargaining have on Justice and Equality in the English ...

    Overcharging and inappropriate charging imposes unfair pressure on defendants and may cruelly raise the expectations of victims. It results in extra costs in preparing the prosecution and defence and would undermine public confidence in the criminal justice system. Penalties should be based on a determination that the defendant has committed

  2. Describe how civil disputes can be resolved without going to court (this does not ...

    They can also set in rules whatever they like as long as it is on paper beforehand. The new act allows the parties in consultation with the chosen arbitrator/ arbitrators to pick the location and time when the dispute will be settled.

  1. Woolf Reforms

    Unlike the success of increasing the use of ADR, many lawyers who have experienced the new laws are finding that the new system is just as expensive as the old. Because of the new rules and fixed costs in fast-track cases, solicitors are front loading their costs, meaning that they

  2. Explain and comment on the main reforms made to the civil justice system after ...

    The responsibility for bringing the reforms into effect was passed to Sir Richard Scott, who was appointed as Head of Civil Justice in January 1996. The implementation of the first stages of the Woolf report was set out in the Civil Procedure Act 1997.

  1. Court proceedings.

    However, by definition, this means that a randomly selected jury could all belong to one sex, one political party, one religion or one race. In the criminal trial, the function of the jury is to determine the fact - whether the defendant is guilty of the charge on the basis of evidence.

  2. Access to Civil Justice in This Age of Austerity

    There has been much public debate about sentencing. There must be a similar scrutiny of these wide-ranging proposed changes to legal aid. A cut-price, DIY justice system, which will actually end up costing more money, rather than saving it, is in no one's interests."[9] The withdrawal of legal aid will

  1. Expert Testimony and Its Value In the Justice System

    In practice however the information which the expert provides can be so complex that it is difficult for the jury to comprehend. In such situations it is likely that the jury will just take the experts evidence as fact. This is not an issue when the expert evidence is correct,

  2. The English Court System

    In viable cases appeals are heard from the Court of Appeal. Appeals are heard by at least three persons chosen from the Lords of Appeal in ordinary or those who have held high judicial office such as former Lord Chancellors.

  • Over 160,000 pieces
    of student written work
  • Annotated by
    experienced teachers
  • Ideas and feedback to
    improve your own work