Disadvantages of Civil Courts

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4 Terms

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Not accessible to lower classes

  • Point: One disadvantage of civil cases is that they are heavily biased against against poorer people making them unable to seek justice

  • Evidence: Where a person loses a civil case, they are made to pay the winner’s legal costs as their own

  • Explain: Where people are financially unstable, the fear of being crippled with debt ceases those wanting to have legal recompense

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Limited no-win no-fee

Point: One disadvantage is that no-win no-fee claims are viable very rarely making it that a client will likely have to pay for their own case

Evidence: No-win no-fee cases can only be used for personal injury, and even then are only likely to be used where there is high chance of success

Explain: This exacerbates the already longstanding issue of people being unable to seek legal recourse on the basis of opinion of law firm

3
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Delays

  • Point: One disadvantage in civil courts is that the processes often take a long time meaning that a person has to wait a long time for action

  • Evidence: Preliminary matters and hearing a date can often take months at a time

  • Explain: Where a claimant is in need of compensation quickly for financial or healthcare issues, this delay can cause a claimant to lose trust in the civil system

4
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No guarantee of precedent

  • Point: One disadvantage is that there is no guaranteed outcome leading to uncertainty in the law

  • Evidence: Even though precedent is used, it is uncertain of an outcome until a judge makes a decision

  • Explain: This goes against the rule of laws principle of ascertainability in the law