An effective legal system

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Presentation transcript:

An effective legal system Chapter 11 An effective legal system

Effective operation of the legal system THE ELEMENTS OF AN EFFECTIVE LEGAL SYSTEM Entitlement of a fair and unbiased hearing Effective access to mechanisms for the resolution of dispute Timely resolution of dispute The recognition of prevailing values and basic human rights

The extent to which our legal system can be considered effective is measured by the degree to which it achieves each of the four elements that are considered necessary for upholding justice.

Access to the law and changes Unable to afford Limited access to legal representation Existing legal structures Not aware of legal rights Cultural and social differences restricting access

1. Unable to afford FINANCIAL INEQUALITIES Legal representation Court costs Legal aid Length of trials

Changes Civil ADR’s Collaborative law No win no pay representation Legal service commissioner Pro-bono help Increasing civil jurisdiction Suggested changes page 540

Criminal Indictable offences heard summarily Hand up brief Suggested changes page 542

SUGGESTIONS LEGAL AID Victoria Legal Aid Legal advice Legal assistance Conditions – Means test, Merit and reasonable test Special conditions Duty lawyers

Homework/classwork Read and summarise 532 to 549 Complete questions 2 (see page 532) Question 3 page 537 Questions 4, 5, 6 Questions 8, 9 and 12

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