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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

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
slide10

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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