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UNIT 4 LEGAL STUDIES

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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  1. UNIT 4 LEGAL STUDIES ELEMENTS OF AN EFFECTIVE LEGAL SYSTEM

  2. 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

  3. 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.

  4. 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

  5. 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

  6. 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

  7. Elements of an effective legal system • Delays • causes: • Heavy workloads of experienced barristers • Complex cases

  8. 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

  9. 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

  10. 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.

  11. 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

  12. Elements of an effective legal system • Social/cultural • Changes • Koori court • Expansion of legal aid • Community education programs • School legal programs

  13. 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

  14. 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

  15. ELEMENTS OF AN EFFECTIVE LEGAL SYSTEM

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  17. ELEMENTS OF AN EFFECTIVE LEGAL SYSTEM

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