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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

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


  • 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





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