court system

TASKS:
The question is in two parts and it is important for you to remember that both parts
must be addressed in your answer.
The first part is more important and you should give more weight to this in your
answer. You should provide a comprehensive analysis of the court system and a
description of the principal civil and criminal courts. You need to describe the
function of each court, the type of cases that it deals with and the place of each court
in the overall hierarchy. It would be helpful to deal with the civil courts separately
from the criminal courts. It would also be helpful to provide a detailed analysis of the
civil courts of first instance such as the county court and the High court, as these are
the courts which principally engage with disputes arising in a business environment.
The recommendation is to initially discuss the lower courts, (such as the county court
and the magistrates court), before providing an analysis of the superior courts. Some
of the superior courts (such as the Supreme Court), have a jurisdiction over both civil
and criminal cases.

2
There are numerous types of specialist tribunals which mostly have a civil
jurisdiction. It would be advisable to provide a detailed description of one or two of
the more important types of tribunals, such as the Employment tribunal and/or the
Lands tribunal.
The second part of the question asks you to provide an analysis of how appeals are
accommodated. Less weight should be given to this part of the question. In
answering this part, you should show an understanding of the main routes of appeal
and what courts engage with appeals. It is expected that you show an understanding
of the jurisdiction of the principal appellate courts, such as the Court of Appeal and
the Supreme Court. When discussing appeals within the tribunal system you should
show how appeals from the tribunal system are ultimately routed to the principal
appellate courts.
The assignment question asks you to focus on the court and tribunal structure in
England and Wales. You can make a comparison with the court systems in other
jurisdictions such as Scotland, the USA or any other country. You are also permitted
(and indeed encouraged) to make reference to any other court outside of England
and Wales which hears appeals from the English jurisdiction. An example would be
the European Court of Human Rights.
You are being asked to provide a critical assessment of the court and tribunal
system. This means that you should avoid providing an answer which is purely
descriptive. An example of criticality is an assessment of whether the appeals
process works in a satisfactory manner. Another example of criticality would be a
discussion of whether the civil court structure provides a satisfactory mechanism for
the resolution of business disputes. You should avoid providing diagrams in support
of your work as diagrams are purely descriptive.

INSTRUCTIONS FOR COMPLETION OF THE ASSIGNMENT:
You should present the assignment in the form of an essay of not more than 2250
words. You will be expected to refer to the recommended textbook, Law for Business
Students, Adams, A. (11 th Edition) and/or Business Law, MacIntyre, E. (9 th Edition).
Credit will be given where you have clearly shown independent research by
reference to other relevant textbooks, internet resources and legal journals/articles –
In such event you should provide a detailed bibliography identifying your sources.
The bibliography does not form part of the overall word count.
Your assignment must be electronically submitted to Blackboard by 11.59pm on
Tuesday 10 th November 2020. No other method of submission will be accepted.
You are strongly recommended to complete your assignment in good time for the
deadline.

ASSESSMENT:
The written assignment will be marked out of 100. Your assignment counts towards
60% of the overall mark for the LAW5A4 Module.

3
In order to achieve a pass grade, you will be expected to provide a sound analysis of
the hierarchical structure of the court system in England and Wales coupled with a
description of the principal courts. You will also be expected to assess the civil
tribunal system and how it fits into the overall structure. Finally you will need to
display an understanding of how appeals are accommodated within both the court
and tribunal systems.
Marks will be given for:

 Quality of response to the presented question.
 Demonstrating a broad knowledge and general understanding of the main
areas covered by the presented question.
 Demonstrating awareness and understanding of the specific issues raised by
the presented question.
 Collection, comparison and synthesising relevant information from different
sources.
 Presentation of an analytical conclusion in response to the presented
question.

ASSESSMENT CITERIA
Your assignment will be marked according to the threshold expectations above and
the marking criteria below. You can use them to evaluate your own work and
estimate your grade before you submit.
Marking Criteria Table

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