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I casi penali e contenziosi civili: tipi di controversie

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  • Note di Apprendimento
  • Revisione degli argomenti
    Charles M.
    GB
    Charles M.

    Legal disputes can be either criminal or civil. Criminal law deals with offences against the person, property, state, legal system and morality, Civil law includes the law of contract, tort and consumer affairs. Disputes occur across a wide range of different areas of social activity. Legal disputes sometimes overlap both criminal and civil law. Traditionally the hierarchy of courts dealt with all types of legal disputes. Criminal cases are dealt with by the courts mainly. Civil law deals with civil disputes in society. There has been a move away from the courts caused by the development of alternative methods of disputes or ADR and tribunals. Dispute resolution methods involve mediation, conciliation, arbitration and judicial determination. Courts use judicial determination to resolve disputes. The newer tribunals use mediation, conciliation and arbitration. The tribunals are faster, cheaper, and less formal and can be binding.

    Nöelle L.
    IE
    Nöelle L.

    What are Alternative solutions to resolve civil and criminal Cases?

    Nöelle L.
    IE
    Nöelle L.

    In civil and some criminal Cases can be resolved by Solution called ADR(

    Peter Awuni A.
    GH
    Peter Awuni A.

    What is the difference between criminal and civil desputes

    Primrose C.
    BS
    Primrose C.

    There are two types of disputes in the legal system (1)Criminal and (2) civil. These disputes can occur across a range of social activity and it may be resolved through processes and mechanisms that range from formal to informal hearing. The way forward today is outside of the traditional courts which is known as alternate dispute resolution ( ADR)

    Primrose C.
    BS
    Primrose C.

    Is there more civil disputes settled and why is it difficult to settle more criminal disputes is it harder or can justice be served?

    Primrose C.
    BS
    Primrose C.

    Is it more easier to settle civil dispute rather than criminal disput

    Sione Siotonu F.
    TO
    Sione Siotonu F.

    Most types of disputes may be resolved through a processes and mechanisms that range from informal to formal in their operation.

    Queenielyn C.
    JP
    Queenielyn C.

    Inappropriate mechanisms for dispute-resolution Nature The adversary system: dissatisfaction with traditional method of dispute resolution exists because it can be inappropriate for effective justice. Cause Adversary system: Two opponents who disagree engage in correspondence. This leads to frustration, and invariably litigation follows. Pre-trial steps assist to achieve an out-of-court settlement (OCS), but the mere issue of a writ is not always a solution (discovery: all documents disclosed but can be complicated and costly). The role of parties and legal representatives is to advocate claims are one-sided and non-objective. Goal is to 'win at-all-costs'. Effect Delays: Length of pre-trial stage (eg 3 years) means increased cost, lack of motivation/interest as well as being inconvenient. Can be 1-2 years prior to setting date for trial, which can mean a 4-year delay overall for some. Backlog is too big; the process is too slow. Costs: Steps produce time-consuming process (increases legal representation costs). Even if successful, plaintiff may not recover all costs (only 50-80% of costs). Complexity: Discovery stage is too time-consuming. Difficult preparation and analysis. Reforms: Expand use of ADR techniques and forums (negotiation, arbitration and mediation). Extend compulsory inclusion of ADR clauses into contracts. Expand centres for commercial dispute resolution (eg State Insurance Office Centre - consumer disputes).

    Christey W.
    US
    Christey W.

    The major disputes for the legal system are civil and criminal disputes. The alternative dispute resolution techniques are used outside the traditional courts.

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