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