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Describe CJS

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Khetisswary Ramachandran
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13 views

Describe CJS

Uploaded by

Khetisswary Ramachandran
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Citizens and business makers make use of civil justice when the parties are in dispute over

legal rights where cannot be solved by direct discussions and negotiations with another party. Civil
justice system (CJS) is broader and more complex as per Hazel Genn compared to criminal justice
system covering areas such separation and divorce, child custody in family cases and also in
administrative law issue of judicial review comes withing the ambit of the civil justice system.

This system responds for the wrongdoing in the form of moral injuries and achieve justice
and to ensure accountability and undergo court trials. The claimant has the burden of
proving his case by a balance of probabilities. In the fact, the claimant must initiate the court
proceedings rather than the state. Remedies available in civil cases are damages in the form of
monetary compensation and equitable remedies.

Public courts are the backbone of the civil justice. There is also (Alternative Dispute
Resolution) ADR as an umbrella term covering negotiation, mediation, conciliation, arbitration,
adjudication, early neutral evaluation and ombudsmen schemes. These are done in private and Genn
stated CJS is a public good where it supports social order that facilitates economic activity by giving a
legal framework where business done and also enforces citizens to enforce duties of government
and to check the exercise of power.

Publicity and adjudication due to social functions are performed in courts. Jeremy Bentham,
publicity is the soul of justice. There should be impartial hearing evidence and arguments from both
sides so that rights are given fairly compared to ADR it is done privately. Lady Hale in the case of R
(on the application of C) v Secretary of State for Justice, trials should be done in open court and
media should know what is going on and the names of party should be publicly announced.

There is a clear court structure as the trial follows the English adversarial proceedings.
Claimant issue the proceedings and defendant must respond with a defence following case
management tracks. Parties can also settle through out of court settlement even court proceedings
are issued. They will negotiate or use any other ADR process and come to a settlement. This only
happens where defendants who might not ready to negotiate, to take the case seriously and enter
into negotiation with the claimant.

The ability of people to make use of the law to protect their legal rights and hold others to
their legal responsibilities underpins the ROL. Lord Bingham’s essential ingredients for the ROL is a
well-functioning civil justice system. He said in enables citizens to assert their substantive civil rights
against the state itself, the CJS plays truly an essential role in furthering the ROL. In Lord Bingham’s
definition a well-functioning CJS is one of that provides the means for resolving civil disputes that do
not involve excessive cost or delay. According to World Justice Project, delays in delivering of civil
system is the biggest weakness thus it ensures that all citizens have the opportunity to solve the
dispute effectively and efficiently in CJS.

Civil justice is to be said well-functioning and an efficient system. Then the question arises
whether the civil justice is accessible and affordable to the citizens. Fees to be paid to the legal
advisors are expensive as they assist their clients for trials. Procedures are very slow. Example, time
is needed to collect evidence and need to prepare for case trial. Court proceedings are lengthy and
costly. However, it is important to find balance between fair procedures and affordable processing of
cases.

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