Describe the role of juries in criminal courts.
Used in cases where the defendant has pleaded not guilty
* Used in the Crown Court for serious cases
* Listen to the evidence
* Listen to the summing up by the judge.
* Decide questions of fact
* Listen to the judge’s advice on questions of law
* At the end of the trial, jurors will retire to the jury room and
discuss the case in secret
* Come to a verdict/decision not guilty or guilty
* Unanimous or majority decision at least 10 – 2 if necessary
* Foreperson delivers the verdict
Discuss the benefits of using ADR to solve a civil dispute.
The Practical Pillar (Efficiency)
- Cheaper: No court fees or expensive legal representatives.
- Quicker: No “court backlog” or waiting for a trial date.
- Flexible: You choose the time and place to fit your life, not the court’s 9-to-5 schedule.
- The Human Pillar (Atmosphere)
- Informal: No judges in robes or strict rules of evidence.
- Less Stressful: Because it’s informal, it -feels like a meeting rather than a battle.
-Private: Unlike public courts, ADR stays behind closed doors—no bad publicity. - The Relationship Pillar (Outcome)
- Non-Adversarial: Focuses on compromise rather than a “winner takes all” verdict.
-Future-Proofing: Because parties cooperate, they can still work together or be friends afterward (crucial in business or family disputes). - The Expert Pillar (Quality)
- Specialist Knowledge: You can pick an arbitrator who is an expert (e.g., a surveyor for a building dispute) rather than a generalist judge.
- Proactive Guidance: Specialized ADR organizations can lead the parties toward a solution.
Logic Chain: Does Kobe jumping out of the wardrobe make him liable for Battery when Heidi trips and falls?
Step 1: The Actus Reus (Indirect Force)
Rule: Battery is the application of unlawful force. This can be indirect (DPP v K).
Application: Kobe’s jump caused Heidi to run; her running caused the trip. The force (the floor) is applied to Heidi as a direct result of Kobe’s initial act.
Step 2: Causation
Rule: The chain of causation must remain intact.
Application: “But for” Kobe jumping, Heidi wouldn’t have fallen (R v White). Her reaction was a foreseeable “escape” and not “daft” (R v Roberts), so Kobe is the legal cause.
Step 3: The Mens Rea (Recklessness)
Rule: The MR for battery is intent or Cunningham recklessness (foreseeing a risk of some harm and taking it anyway).
Application: Kobe didn’t intend to trip her, but by jumping out in the dark, he saw a risk that she might be startled and hurt herself, yet he took that risk anyway.
Conclusion:
Liability: Battery satisfied (AR via indirect act + MR via recklessness).
