Unit 4 legal studies
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UNIT 4 LEGAL STUDIES. ELEMENTS OF AN EFFECTIVE LEGAL SYSTEM. ELEMENTS OF AN EFFECTIVE LEGAL SYSTEM. ELEMENT 1 – Fair and unbiased hearing. * Independent judge Very strict rules of evidence and procedure Parties are in control of their own case Use of legal representation

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UNIT 4 LEGAL STUDIES

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Unit 4 legal studies

UNIT 4 LEGAL STUDIES

ELEMENTS OF AN EFFECTIVE

LEGAL SYSTEM


Elements of an effective legal system

ELEMENTS OF AN EFFECTIVE LEGAL SYSTEM

  • ELEMENT 1 – Fair and unbiased hearing. *

  • Independent judge

  • Very strict rules of evidence and procedure

  • Parties are in control of their own case

  • Use of legal representation

  • Parties can call their own witnesses E.G Thomas Towle case

  • Cross-examination

  • Appeals system

  • Adversary system -Jury system


Elements of an effective legal system1

ELEMENTS OF AN EFFECTIVE LEGAL SYSTEM

  • ELEMENT 2 – Access to Dispute Resolution

  • We have courts, tribunals and ADR

  • Good legal system- gives people access to it

  • Fast

  • Effective access

    -Money, culture or social differences shouldn’t impact on peoples access- true access.


Elements of an effective legal system2

ELEMENTS OF AN EFFECTIVE LEGAL SYSTEM

  • ELEMENT 3 – Timely resolution of Disputes.

  • Delays

    -Criminal: Supreme Court 8 months

    -Civil: 13 to 15 months

    -Family: up to 2 years

    *After waiting time- when ready to go.

    E.G- Russel street bombing- 18

  • Use of Tribunals, ADR, Pre-trial Procedures

  • Choose to have case heard summarily

  • Hand-up brief - Mention System - Legal Aid


Elements of an effective legal system3

ELEMENTS OF AN EFFECTIVE LEGAL SYSTEM

  • ELEMENT 4 – Recognition of Values and Rights

  • Should recognise how our society operates

  • Morals and values change over time

    *Morals historically come from church

    E.G: gay marriages, IVF, adoption, drug testing, abortion

  • Laws should reflect the morals of society


Elements of an effective legal system4

ELEMENTS OF AN EFFECTIVE LEGAL SYSTEM

  • DELAYS

  • Causes:

  • People changing their not guilty plea

  • The number of bail absconders is increasing

  • Committal hearings

  • Need for legal representation

  • Number of jury disagreements is increasing

  • Unevenness in the workload of courts

  • Judges taking time; reserving judgement

  • Deliberate delay tactics


Elements of an effective legal system5

Elements of an effective legal system

  • Delays

  • causes:

  • Heavy workloads of experienced barristers

  • Complex cases


Elements of an effective legal system6

Elements of an effective legal system

  • DELAYS

  • Changes:

  • Better use of computers

  • Use of More tribunals

  • Getting rid of juries in civil cases

  • Mention and committal hearings; splitting the guilty from not guilty

  • Judges more involved in trials

  • Set a time limit for cases


Elements of an effective legal system7

ELEMENTS OF AN EFFECTIVE LEGAL SYSTEM

  • COSTS

  • Causes:

  • Lack of legal aid

  • Not being able to fit the criteria for legal aid

  • Lawyers cost money

  • People cant sue, due to lack of money

  • Appeals are very expensive

  • Government supplies a maximum of $200 000 for legal aid

  • Legal aid not granted in criminal cases, when defendant is most likely to be found guilty


Unit 4 legal studies

  • COSTS

  • Changes:

  • Better use of VCAT

  • Increased use of paralegals

  • Contingency fees; lawyer does not make you pay, but they share in damages awarded.

  • Better use of law students

  • Do it yourself legal kits.


Elements of an effective legal system8

ELEMENTS OF AN EFFECTIVE LEGAL SYSTEM

  • CULTURAL/SOCIAL PROBLEMS

  • Causes

  • We don’t recognise cultural traditions

  • Lack of interpretors

  • Language barriers

  • Most ethnics=lower class, less money

  • High aboriginal death in custody rate


Elements of an effective legal system9

Elements of an effective legal system

  • Social/cultural

  • Changes

  • Koori court

  • Expansion of legal aid

  • Community education programs

  • School legal programs


Elements of an effective legal system10

ELEMENTS OF AN EFFECTIVE LEGAL SYSTEM

  • LACK OF KNOWLEDGE

  • Causes

  • People unable to access law, if unaware of the law

  • People unaware of their rights

  • Legal termanology


Elements of an effective legal system11

ELEMENTS OF AN EFFECTIVE LEGAL SYSTEM

  • Lack of knowledge

  • Changes

  • Introduction of plain English into the legal system

  • Legislation more accessable

  • Better legal studies resources used in schools

  • Booklets and leaflets published

  • Better use of media

  • Lawyers knowing multiple languages


Elements of an effective legal system12

ELEMENTS OF AN EFFECTIVE LEGAL SYSTEM


Elements of an effective legal system13

ELEMENTS OF AN EFFECTIVE LEGAL SYSTEM


Elements of an effective legal system14

ELEMENTS OF AN EFFECTIVE LEGAL SYSTEM


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