elements of an effective legal system. element 1 – fair and unbiased hearing. * - independent...

UNIT 4 LEGAL

STUDIESELEMENTS 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 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 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 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 SYSTEM WHAT IS IN OUR SYSTEM TO ACHIEVE A

FAIR & UNBIASED HEARING?

ELEMENTS OF AN EFFECTIVE LEGAL SYSTEM WHAT IS IN OUR SYSTEM TO ACHIEVE

ACCESS TO DISPUTE RESOLUTION?

ELEMENTS OF AN EFFECTIVE LEGAL SYSTEM WHAT IS IN OUR SYSTEM TO ACHIEVE

TIMELY RESOLUTION OF DISPUTES?

ELEMENTS OF AN EFFECTIVE LEGAL SYSTEM WHAT IS IN OUR SYSTEM TO RECOGNISE

VALUES & RIGHTS?

ELEMENTS OF AN EFFECTIVE LEGAL SYSTEM STRUCTURAL RESTRAINTS

ELEMENTS OF AN EFFECTIVE LEGAL SYSTEM FINANCIAL RESTRAINTS

ELEMENTS OF AN EFFECTIVE LEGAL SYSTEM SOCIAL & CULTURAL DIFFERENCES

ELEMENTS OF AN EFFECTIVE LEGAL SYSTEM ECONOMIC DIFFERENCES